Human Rights

Privacy matters because it shields us from possible abuses of power. Human beings need privacy just as much as they need community. Our need for socialization brings with it risks and burdens which in turn give rise to the need for spaces and time away from others. To impose surveillance upon someone is an act of domination. The foundations of democracy quiver under surveillance. -/- This book is intended to contribute to a better understanding of privacy from a philosophical point (...) of view-what it is, what is at stake in its loss, and how it relates to other rights and values. The five parts that compose this book respond to five basic questions about privacy: Where does privacy come from? What is privacy? Why does privacy matter? What should we do about privacy? Where are we now? (shrink)

Can the human rights we recognize today be derived from the central Muslim text, the Qur’an? I will argue that they can, but that this requires reconceptualising the believer’s relationship to revelation. On the standard view, the believer is bound by all prescriptions in the Qur’an. By contrast, I will argue that the Qur’an prescribes two distinct kinds of norms—thin norms and thick norms—and only the latter have normative force here and now. With this novel framework for understanding Qur’anic norms (...) on the table, I address two barriers to grounding human rights in the Qur’an: the problem of omission, according to which there are rights that we want to recognize that are seemingly missing in the Qur’an, and the problem of rejection, according to which the Qur’an seems committed to rejecting some rights that we do want to recognize. I will argue that both problems can be overcome. (shrink)

In India, consistent marginalization of women suggests that broader societal transformation is needed to transcend gender stereotypes and foster gender equality. Effective school curriculum and textbook content can influence and revitalize mindsets to respect and uphold women’s rights (WR). This research examines the manifestation and extent to which WR is addressed in Indian school social science textbooks using qualitative content analysis. Data from official primary and secondary school textbooks published between 2006 and 2013 and reprinted between 2017 and 2019 were (...) analyzed, based on the components of WR prescribed by the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), using descriptive statistics (frequency and percentage). The results indicate that there is negligible focus on WR in textbooks at the elementary level. While both explicit and implicit focus on WR increased at the secondary and senior secondary levels, some vital aspects were either marginally represented or completely missing. (shrink)

AI-enabled State surveillance capabilities are likely to exert chilling effects whereby individuals modify their behavior due to a fear of the potential consequences if that behavior is observed. The risk is that chilling effects drive individuals towards the mainstream, slowly reducing the space for personal and political development. This could prove devastating for individuals’ ability to freely develop their identity and, ultimately, for the evolution and vibrancy of democratic society. As it stands, human rights law cannot effectively conceptualize this cumulative, (...) longer-term, harm, and so cannot accurately evaluate the cost/benefit of AI tools, risking irreparable harm. As chilling effects impact individuals’ ability to live a good, self-determined life, the concept of human flourishing is relevant. This article engages with Aristotelian naturalism, the life-satisfaction approach, and the capabilities approach to determine which best resonates with the concept of identity as relevant to chilling effects and human rights law. It concludes that the capabilities approach may overcome some of the problems associated with the human rights law approach and may provide a framework capable of capturing both the intricate processes of free identity development and of conceptualizing the harm linked to AI surveillance. The challenge, however, is to ‘operationalize’ this approach. (shrink)

The South African government announced the much-discussed stay-at-home order between March 27 and April 30, 2020, during what was known as lockdown level 5, which meant that citizens were not allowed to leave their homes. The objective of this study is to assess the stay-at-home order against the global principles of the UDBHR. It is deducible that, in reference to the UDBHR, the government possessed the right to curtail individual liberty, thereby not infringing on Article 5 of the UDBHR and (...) therefore, in this context, passes the test of the UDBHR. However, it remains uncertain at present whether the limitation of freedom imposed by the South African stay-at-home order was successful in controlling the spread of COVID-19 and protecting individuals from harm. Initial investigations also indicate that individuals who are particularly vulnerable may not have received equitable treatment in accordance with the principle outlined in Article 10, therefore, it can be cautiously and modestly argued that the stay-at-home order does not withstand scrutiny when assessed against the UDBHR. Given the continued discussion about the efficacy of limiting freedom to control the spread of COVID-19, and the growing conviction that the advancement of justice is being called into question, the notion of least restriction ought to be considered seriously. Ten Have (2022) is correct in asserting that global bioethics should also seriously consider other principles beyond an almost exclusive focus on limiting individual freedom. The preliminary conclusion is that the potential implementation of the stay-at-home order in the future must be seriously reconsidered. (shrink)

In 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal trials in its domestic judicial (...) system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes. (shrink)

Conflicting social expectations in a particular state affect the interpretation and implementation of international human rights law. Ideological, religious, and legal factors related to the protection of freedom of religion or belief (FoRB) and freedom from discrimination based on sexual orientation and gender identity (SOGI) in Ukraine put businesses under social pressure. Businesses thus face a legitimate dilemma whether to follow national social expectations perceiving FoRB and freedom from discrimination based on SOGI as rights in conflict or expectations arising from (...) international human rights law establishing both freedoms as equal and non-clashing. Based on desk research and in-depth interviews with business policymakers the article identifies neutrality, ignoring, and active engagement strategies when providing corporate respect to FoRB and SOGI under the business and human rights framework ‘Protect, Respect, Remedy’ which requires responsible business conduct. The article concludes with the implications each strategy has for resolving presumed clashes between FoRB and SOGI at the community level. (shrink)

Colombia has received the largest influx of Venezuelan refugees and migrants. Since 2015, more than 3 million Venezuelan migrants have entered the country. Those arriving in Cúcuta have several options for entering Colombian territory. One of the main routes involves a difficult and dangerous journey of nearly 200 km to the Metropolitan Area of Bucaramanga, which serves as a key territory for accessing various destinations. Because of its geographical location, this area serves as an important transit city, facilitating travel to (...) other major cities in Colombia, such as Bogotá, Medellín, and Cali; it is also a residence destination for Venezuelan migrants. Among the specific reasons why immigrants choose Bucaramanga over other cities are factors like climate, the existence of various cooperation organizations that provide assistance, and the considerable number of migrant individuals previously settled in this area; thus, many new migrants have family or friendship connections there. Furthermore, for many, it is the safest option or the only place they can go to when the weather turns cold. In this study, we analyze the institutional response and identify barriers that limit the protection of Venezuelan migrants’ right to access to healthcare in this location where Venezuelan citizens have faced economic, legal, bureaucratic, and social barriers. This has profound consequences for migrants’ health and poses a risk to their lives. The article is primarily based on interviews and fieldwork conducted with migrant populations between 2022 and 2023 to identify the barriers and supporting elements they experienced in terms of health care services. Likewise, this study makes a significant contribution by directly examining the experiences of Venezuelan migrants in relation to the right to health in this area. This provides a useful understanding of the social phenomenon at both the academic and institutional levels. (shrink)

Recently, there has been a strong push for binding human rights due diligence (HRDD) legislation, both at the national and European levels. As empirical evidence of such legislation's impact gradually emerges, it is time to take stock. In this article, we conduct a systematic literature review to assess available empirical evidence on (1) how HRDD legislation affects the policies and practices through which companies engage with human rights; (2) how these policies and practices, in turn, affect different actors in companies’ (...) value chains. While it is too early to make conclusive judgements, existing evidence allows us to identify several worrying trends: most companies opt for managerialist and compliance-oriented approaches to HRDD; revert primarily to earlier (and flawed) private governance mechanisms; and try to cascade responsibilities and costs in their supply chain. This risks perpetuating or reinforcing marginalisation and exclusion dynamics. Based on these findings, we formulate some lessons for policy-makers. (shrink)

In “The Biden Plan for Securing Our Values as a Nation of Immigrants” (hereinafter “Biden Plan“), then-candidate Joe Biden promised to “reassert America’s commitment to asylum-seekers and refugees.” Three years into his presidency, how far has the Biden Administration come in their efforts to create a more humane asylum system? And has the treatment of unaccompanied minors seen any significant improvements? This article examines the Trump Administration’s attempts to permanently alter the US asylum system. After trying to categorically ban all (...) claims that were based on persecution by “private actors,” the Trump Administration seized on the COVID-19 pandemic as a convenient pretext for taking away even some of the most basic human rights protections that asylum-seekers have enjoyed for generations. This article will argue that the Biden Administration, despite their efforts to restore some basic protections, continues to criminalize and institutionalize many unaccompanied minors. (shrink)

This article examines the impact of identity politics on the traditional liberal distinction between public and private spheres, arguing that critical theories associated with identity politics have significantly blurred these boundaries. This blurring is largely due to the portrayal of equality as a non-negotiable value by proponents of identity politics, who are prepared to limit fundamental freedoms to uphold it. Utilizing Francis Fukuyama’s distinction between “lived experience” and “shared experience,” the article proposes a reinterpretation of the anti-discrimination principle aimed at (...) cultivating shared liberal citizenship. It scrutinizes decisions by Supreme Courts around the globe concerning the denial of wedding cake services to gay couples as a case study. These legal battles exemplify how cultural disputes are reshaping the public-private divide and highlight the need for principles that can justly reconcile freedom and equality in an era marked by intense cultural wars and deepening political division. The article suggests several principles that could assist courts in mitigating the political tensions inherent in cases fueled by cultural conflicts. (shrink)

Professor Weil’s thesis seems largely correct with respect to the United States, whose law on religious establishment I regularly teach. Funding is central to American debates over religious establishment. The fight over religious establishments in Virginia, which inspired both James Madison’s “Memorial and Remonstrance against Religious Assessments” and Thomas Jefferson’s “An Act for Establishing Religious Freedom,” was over whether persons could be forced to pay taxes to support religious instruction. Financial concerns were at the root of church-state debates in the (...) nineteenth century, when Protestants repeatedly rebuffed Catholics who wanted funding for Catholic private schools. Many state constitutions still have what are known as mini-Blaine Amendments that forbid public funding for religious institutions. Whether proponents of a strong separation between church and state in the United States are fighting the same battles as proponents of a strong separation of church and state in France is nevertheless problematic. The French revolutionaries had to subordinate a reactionary church. The American revolutionaries merely had to negotiate peace treaties among the different sects that supported the Declaration of Independence. Separation of church and state in the United States is best conceptualized as a division of labor among liberal institutions rather than a means for purging anti-liberal religion from the liberal public sphere. (shrink)

How do the United States and France guarantee that their proclamations of non-establishment and separation are respected? These two countries employ different types of tools to preserve and protect separation, directly rooted in the contexts from which they differently emerged – the writing of the Constitution in the U.S. and the 1905 law of separation in France: fiscal or financial in the United States, penal in France. This article analyses in detail how these various tools have emerged and developed throughout (...) the 20th century. Since the 1980s, increasing political and judicial struggles raised by the development of new minority faiths (namely Islam) in France and Christian fundamentalism in the U.S. have caused a\ quasi-abandonment of the tools protecting separation that has contributed to regressions, back to the regimes the framers of the Constitution in the United States and authors of the law of 1905 in France respectively sought to abandon: the establishment or the state control of religion. (shrink)

A culture war has been brewing in Singapore since 2009 when a conservative Christian group conducted a reverse takeover of a feminist civil society organization and was subsequently expelled from the organization in a publicized meeting between the two groups. Since then, the state has mediated the contestation of values between religious conservatives and liberal groups allied around issues of gender and sexuality. The culture war between the two sides has revolved around creative protests that have evaded state prohibitions against (...) public contestations over what is legally considered private beliefs and affairs. They involve innovative hybridizations of American discourses on values and rights mixed with Asian emphases on family traditions and sentiments. The COVID-19 pandemic has, however, laid bare the adaptation of the American culture war into the Singaporean public sphere. This article looks at and analyzes COVID-19 vaccine hesitancy among conservative Christians in Singapore and their incorporation of anti-vaccination views from American Christian nationalism into secular framings, invoking legal rights and responsibilities aligned with the state’s nationalist discourse. I argue that this represents a new phase of contestation by conservatives, refashioning their religious views into secular frames of public good and morality serving the secular nation. By doing so, they implicitly challenge the state’s regulation of religion as private interests and beliefs. This altered religious activism has shifted the terms of secularism and loosened the hegemony of the state in defining these terms. (shrink)

In August 2019, the local council of Umm al-Fahem, Israel, cancelled a scheduled performance of the known Palestinian rapper Tamer Nafar, claiming that Nafar’s artistic work did not meet with the town’s accepted religious, moral, and social norms. Subsequently, residents of the town and the Association for Civil Rights in Israel, petitioned the Court against the local council’s interference with Nafar’s freedom of artistic expression. Significantly, Nafar was not among the petitioners. The Court concurred with the petitioners, determining that the (...) local council had no authority to interfere with Nafar’s artistic content, and if there was concern regarding detrimental effects on public peace or security, police security should be provided for the event. Despite this ruling from an Israeli court, Nafar refused to perform in Umm al-Fahm. Instead, he accepted an invitation for dialogue with the conservative non-liberal forces within Umm al-Fahm council, a dialogue that resulted in reconciliation. I argue that Nafar’s decision, as a liberal subject to choose dialogue with non-liberal forces in Palestinian society embodies the conceptual foundations of post-secularism, which extend beyond the binary of liberal/non liberal divisions and binaries and pave the way for internal dialogue between religious and secular actors. It constructs a platform for liberal subjects in Palestinian society to be heard in the public Palestinian sphere, providing social and political alternatives to the violent authority of Israeli law. (shrink)

Through an analysis of the European Court of Human Rights’ decisions concerning the practice of veiling, this article problematises the semiotics-architectural structure of article 9 of the European Convention of Human Rights (Freedom of thought, conscience and religion), questioning which representation of the human and the female subject is recognised and therefore protected by secular/liberal and Human Rights law. It argues that the semiotics-architectural structure of article 9, which is based on the distinction between faith and its manifestation, not only (...) relies on a particular ontological understanding of the religious subject as well as a specific notion of religion, but it also reveals a distinct relationship between the individual and sovereign power through the division between the public and the private spheres. In light of this, the western debate surrounding the women’s veiling overlooks how liberal secularism perceives and defines the religious and legal gendered subject in the modern world, and how this understanding is embedded in and reproduced through the law, which emerges as an instrument for regulating minority religious communities. (shrink)

Why has modern American conservatism committed itself to gender binaries? Examining why this new categorizing unsettles conservatives (and how they have reacted against teacher unions and transgender influencers), this paper turns to Nietzschean analysis. It finds that the unsettling of heteronormative gender norms resulted in a pivot by conservatism to perpetuate a new gender identity politics in which nonbinary and especially transgender people are scapegoated. Imagining a nihilistic interpretation of gender, conservatives have made “transgender” a signifier of amorality and barbarism, (...) envisioning themselves as warriors of normalcy. Conservative activists have named their frontier “radical gender ideology” while contesting the legitimacy of diagnosed gender dysphoria, revising its pathology, and alleging clinical gender transitioning is a financial ploy. As a result, bodies have become sites of contestation between doctors, trans activists, and groups that advocate against gender-affirming care. This paper traces the conservative movement from resentment to opposition on three fronts – pathology, pronouns, and restrooms. (shrink)

Large-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels.This thought-provoking book offers significant new insights to the topic, laying the foundations for a human rights based approach to tobacco control. Addressing the function (...) of law as a tool to help combat one of the major public health challenges facing society, contributions by global scholars rebut human rights claims presented by the tobacco industry. Emphasis is instead placed upon the human rights of vulnerable individuals, children in particular, as a result of smoking and exposure to second-hand smoke.Illustrating ways in which the right to health can be advanced with regards to tobacco control, smoking and the use of e-cigarettes, this important book will be a vital resource for human rights and health law scholars and practitioners as well as policy makers in public health law. (shrink)

Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in transposition' of some (...) core features of the rights to privacy and freedom of expression. The non-coherence theory is used to explore key human rights theoretical concepts, such as the network society approach, the capabilities approach, transversality, and self-normativity, and it is also applied to e-state and artificial intelligence, challenging the idea of the sameness of rights. This title is part of the Flip it Open programme and may also be available Open Access. Check our website Cambridge Core for details. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Dogs and MonstersObservations on the Evacuation of Afghanistan and the Intersection of Human Rights and the AnthropoceneK. M. Ferebee (bio)On August 28, 2021, former Royal Marine and charity worker Pen Farthing was evacuated from Afghanistan with almost two hundred dogs and cats that his Kabul animal charity, Nowzad Dogs, had rescued. The role of the British government in this evacuation remains hotly contested: At the time, the British Ministry (...) of Defence tweeted (Fig. 1) that Farthing's escape had been assisted by the British military, but Farthing later disputed this claim and argued that his rescue was not the result of high-level intervention in the British government. In January 2022 controversy erupted around the emergence of documents suggesting that Prime Minister Boris Johnson had lied to Parliament about the personal role that he played in just such an intervention. Notably, Nowzad's Afghan staff members were not evacuated alongside Farthing and the animals, though they would eventually escape to Pakistan. Following Farthing's escape, the British government failed to evacuate hundreds of British citizens and residents (Merriman and Ghouri), as well as many more Afghans who had worked on behalf of British forces. The Nowzad Dogs evacuation became a site of symbolic struggle over Britain's respect (or lack thereof) for human rights. "What a story to tell the world: Britain values dogs more than Afghan people," the headline of an opinion piece in the Guardian (Hinsliff) read.The story of Nowzad Dogs is interesting to me not only as a tale of human-nonhuman relations, but also because I was, at the time it occurred, volunteering within the Afghan aid community to assist relatives of a friend, British Afghans who had been visiting Kabul when the government [End Page 52] collapsed. The family repeatedly asked for assistance from the British Foreign, Commonwealth and Development Office—assistance that never appeared. Ultimately, due to the generosity of donors and the coordination of a volunteer team, the family was able to flee to Pakistan, where they boarded a commercial flight to London. This case was a particularly stark and powerful illustration of the negotiations of rights and value that took place during and following the evacuation. It seemed nonsensical, in August 2021, to suppose that British citizens, including British children (the family I worked with included a six- and an eleven-year-old who were British citizens), would be abandoned while Afghan dogs had their rights prioritized. As I hope to demonstrate here, however, such an incident becomes comprehensible and even logical when it is understood as part of a specifically Anthropocene manifestation of subjectivity.Upendra Baxi suggests that 1948's Universal Declaration of Human Rights (UDHR) marks a broad shift from the era of "modern" (42) human rights (which began with the American and French Revolutions) to the era of "contemporary" (42) human rights. His periodization links these eras in human rights to shifts in the ideology of capitalism and empire. The "modern" era of human rights, he writes, "signals a whole variety of ideological 'justifications' for colonization and world domination" and "provides a register of major development in industrial capitalism" (42), while the "contemporary" era of human rights "is based on the premise of radical self-determination" (46). Such a periodization also brings human rights into close alignment with the Anthropocene, which is rooted in the capitalist-colonial Enlightenment and Industrial Revolution, yet often dated most concretely to the circa-1950 shift that some (such as J. R. McNeill and Peter Engelke) label the "Great Acceleration." Indeed, one could reasonably appropriate Baxi's terms and speak of "modern" and "contemporary" Anthropocenes mapped identically onto the global timeline.I propose to use the 2021 Afghan evacuation as a site from which to explore how human rights and the Anthropocene have together coproduced certain forms of subjectivity that are essential for the continued smooth functioning of world-ecological capitalism. These new forms of subjectivity are necessary to sustain the important fiction of individual [End Page 53] agency and value and conceal the ways in which the Anthropocene moment renders this fiction meaningless. Ultimately, I paint a picture of an Anthropocene without any human agency at all. I want... (shrink)

We are at the dawn of the Fourth Industrial Revolution, characterised by the interaction of so-called disruptive technologies (biotechnology, synthetic biology, nanotechnology, neurotechnology and artificial intelligence). We believe that the challenges posed by technoscience cannot be met by the three generations of human rights that already exist. The need to create a fourth generation of human rights is, therefore, explored in this article. For that purpose, the state of the art will be analysed from a scientific and ethical perspective. We (...) will consider the position of academic doctrines on the issues that a fourth generation of human rights should tackle. And, finally, in this fourth generation, we will propose the principles of identity and precaution as reference values, equivalent to the role played by freedom, equality and solidarity in the first three generations of human rights. (shrink)

Since Opuz v. Turkey (2009), the European Court of Human Rights (ECHR) delivered over a dozen judgments in which it examined domestic violence through the prism of gender-based discrimination. Apart from the individual circumstances of the cases, the Court considered the general approach to domestic violence in the defendant states, searching for a large-scale structural gender bias. Hence, although the Court has not directly referred to the notion of “structural discrimination” in relation to domestic violence, it engaged in unveiling this (...) problem within the state parties. Building on the case law of the Court, the article presents and systemizes information that may prove structural gender discrimination in domestic violence cases. It navigates potential applicants through the Court’s interpretation and indicates arguments and sources that may support their claims. In particular, it discusses what kind of data and information may demonstrate the general, discriminatory attitude of the authorities towards domestic violence and what sources the applicants may use while seeking the evidence. (shrink)

Why is destroying heritage pro tanto wrong? Why does heritage destruction require justification, unlike the destruction of rubbish? The property rights view answers: heritage belongs to people, communities and cultures. The reverence view answers: we are obliged to respect things with non-instrumental value. The moral rights view answers: our predecessors, contemporaries and successors have rights to have their cherishings respected and cultural and epistemic goods protected. The moral harm view answers: destroying heritage causes morally significant harm. I argue that these (...) views all fail to account for the basic obligation to not destroy heritage. I propose that heritage essentially gives us experiences of connections to historically significant things, and these experiences are aesthetically valuable and irreplaceable. Destroying heritage is pro tanto wrong because it leads to the premature and irreversible extinction of these precious and vulnerable experiences. My account makes sense of genuineness as an aesthetic property, vindicates the idea of purely aesthetic obligations, and entails that heritage can be of the present and future, not only the past. (shrink)

What are human rights? What makes a particular human rights claim ‘genuine’ or ‘valid’? These are difficult questions with which current philosophical literature on human rights is concerned. They are also the same kind of questions that legal philosophers asked about Law throughout the 20th century. Drawing from the similarities between the two fields, I attempt to do with the concept of human rights something similar to what Ronald Dworkin accomplished with that of Law in Law’s Empire. First, I offer (...) a critique of the two dominant perspectives on human rights—the Orthodox and Political views—that is similar in character to Dworkin’s Semantic Sting objection to Legal Positivism. Second, I sketch an alternative, Dworkinian-inspired framework that seeks to develop the notion of human rights as an interpretive concept. According to this framework, different accounts of human rights are to be understood as expressing different interpretations of the point (or purpose) of human rights practice. (shrink)

Human rights defenders (HRDs) fight for various human rights and address concerns related to corruption, employment, the environment, and other issues. They also challenge powerful state and private stakeholders and seek justice for human rights abuses. Therefore, HRDs are increasingly becoming targets of violent attacks and abuse with the aim of silencing them. This article begins by providing a brief definition of HRDs and then proceeds to outline the risks associated with their work in defending human rights. It also identifies (...) the perpetrators responsible for these violations. The article categorises the types of abuses against HRDs into two main categories, with a particular focus on the widespread tactic of using the legal system to target and silence defenders in Europe, which is also emerging globally. It introduces a taxonomy of various types of violations through the legal system. By categorising the types of violations against HRDs and establishing a taxonomy to aid in identifying these tactics, the article seeks to deepen understanding and awareness of the varied abuses experienced by HRDs, as well as their deviation from human rights standards, providing a valuable resource for academics, practitioners, and defenders. (shrink)

The article addresses the pervasive global challenge of delayed justice, emphasizing its role as a catalyst for widespread judicial reforms. The study defines international and national court approaches to reasonable trial durations by employing systematic and comparative legal methods. It delves into essential technology courts and parties use to ensure timely proceedings, categorizing associated risks and problems. The authors advocate for the multi-door courthouse system, illustrating its efficacy in reducing delays. Furthermore, the article classifies technologies facilitating reasonable trial durations, acknowledging (...) and offering solutions for the challenges they present. This research contributes to the dynamic landscape of judicial reform, offering a holistic perspective on the multifaceted aspects of timely justice. (shrink)

Notwithstanding universities’ many laudable aims, incidents of serious bullying, academic harassment and sexual harassment in academic settings are reported with increasing regularity globally. However, the human rights violations involved in bullying and academic harassment have not received attention by the literature. In this article, we pierce the veil of silence surrounding university environments and provide a systematic account of the breaches of international and European human rights law involved in academic bullying and harassment. By adopting a socio-legal lens, we shed (...) light onto such practices and tactics, the breaches of specific human rights and norms and the reluctance of states and regulators to intervene in what is perceived to be universities’ ‘sovereign’ sphere of jurisdiction in order to prevent human rights’ violations and to protect the victims of human rights abuse. We call for a multi-faceted and multi-agency approach to tackle academic bullying and harassment, and make a number of institutional and policy recommendations to ensure universities’ compliance with human rights standards and the effective protection of academics under attack. (shrink)

After the failed coup attempt on July 15, 2016, Turkey rapidly adjusted its national security strategies to align with the principles of a security state, resulting in a notable increase in human rights violations during the declared State of Emergency. Enforced disappearances, previously used by the State against Kurdish dissidents in the 1990s, resurfaced as a brutal method in the name of “State survival” following the failed coup attempt. This research examined the systematic and organized nature of these enforced disappearances, (...) their prevalence, specific targets, and the human rights abuses resulting from this practice. Twenty cases of enforced disappearances that occurred after July 15, 2016, were analyzed to achieve this. Three main themes emerged from the analysis: (1) enforced disappearance methods, (2) ineffective investigation, (3) torture. The examination revealed that enforced disappearances followed a systematic and widespread pattern. The narratives highlighted commonalities in the methods of disappearances, a preference for individuals affiliated with the Gülen Movement, and the subjecting of victims to severe violations, including torture. Fundamental human rights should have remained non-derogable even during the State of Emergency, as international human rights treaties to which the Turkish State is a signatory protect them. (shrink)

International criminal law (ICL) has traditionally overlooked sexual and gender-based violence (SGBV) and struggles to understand it. Prosecutions have been largely inefficient and not reflective of gender harms. The Rome Statute requires interpreting SGBV as a social construction (article 7(3)), in consistency with international human rights law (IHRL) and without discrimination (article 21(3)). There is, however, little guidance to implement these approaches. This article argues that intersectionality, an IHRL-based approach that reveals compounded discrimination, is an efficient tool to interpret SGBV (...) and, therefore, should be integrated in ICL. The article traces the origins of intersectionality in feminism and its recognition by IHRL dealing with violence against women. It establishes the applicability of intersectionality in ICL that it demonstrates with a comparative analysis of the Lubanga and Ntaganda cases. The findings show that intersectionality suits ICL’s specific needs which allows labelling and explaining some of those contributions throughout the judicial process. (shrink)

Susser and Cabrera (2024) assess the role of bespoke neuro-privacy regulations including the creation of a novel right to mental privacy. They argue that focusing on what distinguishes mental priva...

The last several years have seen vibrant debates among policymakers and scholars on whether to craft new human rights (or novel interpretations of existing ones) around neurotechnologies. These con...

International institutions such as UNESCO are deliberating on a new standard setting instrument for neurotechnologies. This will likely lead to the adoption of a soft law document which will be the first global document specifically tailored to neurotechnologies, setting the tone for further international or domestic regulations. While some stakeholders have been consulted, these developments have so far evaded the broader attention of the neuroscience, neurotech, and neuroethics communities. To initiate a broader debate, this target article puts to discussion twenty-five (...) considerations and desiderata for recognition by a future instrument. They are formulated at different levels of abstraction, from the big picture to technical details, seek to widen the perspective of preparatory reports and transcend the narrow debate about “neurorights” which overshadows many richer and more relevant aspects. These desiderata are not an exhaustive enumeration but a starting point for discussions about what deserves and what requires protection by an international instrument. (shrink)

The central goal of this paper is to investigate the injustices that can occur with the use of new technologies, especially Artificial Intelligence (AI), focusing on the issues concerning respect to human rights and the protection of victims and the most vulnerable. We aim to study the impacts of AI in daily life and the possible threats to human dignity imposed by it, such as discrimination based on prejudices, identity-oriented stereotypes, and unequal access to health services. We characterize such cases (...) as algorithmic injustices. In the final part of the text, we propose some strategies to confront this specific type of injustice. (shrink)

Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of (...) the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. Matthias Mahlmann is University Professor, Chair of Philosophy and Theory of Law, Legal Sociology and International Public Law at the University of Zurich. (shrink)

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, (...) this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law. (shrink)

This volume makes a welcome contribution to the burgeoning philosophical scholarship on human rights by foregrounding methodological and meta-philosophical issu.