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The Thun Group's discussion paperThe Guiding Principles on Business and Human Rights: An Interpretation for Bankslays the foundations for the first ever comprehensive guide on how universal banks should move from corporate social responsibility to human rights due diligence. As the arguments offered by the Thun Group are likely to influence not only public and private financial institutions but also companies belonging to other sectors, this article offers a critical assessment of the document. Notwithstanding several positive features, the Thun Group relies on a faulty subsidiary approach, avoids fundamental issues like access to effective remedy, and downplays the importance of engagement with affected stakeholders. [ABSTRACT FROM AUTHOR]

This research presents a critical theoretical and practical re-examination of the link between human rights' issues and politics at national and international levels. The study of human rights is an inherently multidisciplinary enterprise. The paper provides an insight into the relations between diplomacy and human rights and discusses how the latter are exploited for political and commercial aims. This study focuses on the case and constitution of the Islamic Republic of Iran (IRI), and the problem of hostage taking. An internationally-oriented study and based on theoretical arguments and an empirical research approach-notably by using several real cases of ordinary individuals of foreign and dual nationalities who became hostages and the subject of political games and financial conflicts between Iran and the Western countries-the paper highlights the issue of hostage taking of individuals by a state as a political policy and prisoner swaps involving financial and commercial deals. The paper provides evidence of the substantial suffering of the hostages and their families. The paper makes an academic contribution to the literature-the unlawful act of hostage taking involving a state has rarely been discussed -and addresses the legal vacuum in international law and human rights conventions regarding the topic. [ABSTRACT FROM AUTHOR]

This paper examines the role of the European Parliament as an international moral tribune for the promotion of human rights through a qualitative case-study design. It focuses on the emblematic Ayotzinapa case, which involved the enforced disappearance of 43 young rural students and the killing of other six civilians in Mexico in September 2014. The paper innovatively analyses the parliamentary diplomacy activity of four Members and their respective political groups: Franziska 'Ska' Keller (Greens/EFA, Germany), Josep-Maria Terricabras i Nogueras (Greens/EFA, Spain), Estefanía Torres Martínez (GUE/NGL, Spain) and Teresa Jiménez-Becerril Barrio (EPP, Spain), during the 8th parliamentary term (2014–2019). It addresses: How does the European Parliament, acting as an international moral tribune, exercise its role in promoting human rights in practice? Importantly, how do individual members and their political groups contribute to fulfilling this role? The research findings reveal that the phenomenon of parliamentary diplomacy on human rights is highly complex, challenging the mainstream notion that the European Parliament is a monolithic player acting as a moral tribune in international relations. Results also provide important insight for understanding the (micro-)processes of parliamentary diplomacy and their relevance for human rights advocacy within the European Union's external relations and its Member States'. [ABSTRACT FROM AUTHOR]

This paper focuses on the recent cases of the European Court of Human Rights (the ECtHR, the Court) in which the Court offered legal protection to vulnerable groups. For this purpose, the paper will first discuss the vulnerability paradigm before the ECtHR and draw the list of groups recognised by the Court as vulnerable. It will then turn to the case law to trace the recent trends and developments in the Court's focus when protecting vulnerable groups. In particular, the research covers the Court judgements rendered in the last four years (from 1 January 2019 to 31 December 2022). [ABSTRACT FROM AUTHOR]

The central government has the primary responsibility for the protection of human rights. However, several factors such as decentralisation raise questions about the role of local authorities in this area. Our paper examines this issue through an interdisciplinary approach, combining international law and political sociology. Our focus lies on the case of France, the 'homeland' of human rights: do French local elected authorities always take human rights seriously? Our research design combines qualitative and quantitative methods. After providing a background of the international legal context, this paper will present the findings on human rights local perceptions and practices of elected representatives. Human rights' perceptions of these subnational political actors strongly depend on their educational qualifications and personal commitments. The same applies to the hierarchy that they draw between fundamental freedoms, social rights, and environmental rights. By contrast, local practices in favour of human rights vary most importantly according to the local authorities' status and demographic weight, rather than their political hue. When human and financial resources are scarce, the goodwill showcased by local elected representatives is not sufficient to foster the proper implementation of human rights. [ABSTRACT FROM AUTHOR]

This paper discusses the plight of the 'Guapinol Eight,' a group of men who were arrested, detained, and convicted by a Honduran court after defending their right to access clean water. Our analysis is situated within a broader doctrinal conversation on the gaps in the conceptual and theoretical underpinnings of human rights defenders. In particular, we highlight the (lack of) effectiveness of protection mechanisms, the complex connections between activism, repression of activism and risk taking, and the usage of legal and administrative mechanisms for repression of human rights defenders. We find that the Honduran criminal justice system largely fails to protect those who speak up against unfair criminal charges, detention, and convictions, while at the same time fails to condemn private companies or individuals who retaliate against the work of human rights defenders with lawsuits, violence, or murder. In the conclusion of this paper, recommendations are made as to steps the Honduran government can take to redress past wrongs and introduce standards that comply with domestic and international law before a chilling effect ameliorates the voice of human rights in Honduras in the years to come. [ABSTRACT FROM AUTHOR]

Humanity is vividly witnessing the loss of life, the massive destruction, and human rights violations due to new authoritarian regimes and protracted wars that have intensified in the last few decades, particularly in countries of the Global South. Such conflictual situations have also resulted in devastating attacks against academic institutions and values and, in turn, the displacement of scholars, mainly to neighbouring countries and to Europe. In a pressing situation involving the radical disruption of scientists' social and academic lives in their homelands, international support networks, the history of which goes back to the 1920s, could quickly respond to the scholars' urgent needs. This paper analyzes the impacts of this recent migration flow of scholars on 'academic humanitarianism' in Europe, which is a form of humanitarianism and a regime of governing that emerged at the intersection of humanitarianism and academia. While analyzing the changing nature of this regime, the paper focuses on governing discourses, technologies, and strategies of the following organisations: Cara (UK), PSI (Germany), and PAUSE (France). It concludes that the flow of scholars from the countries of the Global South to Europe has resulted in important changes in their humanitarian approaches. [ABSTRACT FROM AUTHOR]

This paper assesses the interplay between international human rights law and international biomedical law as two specialised regimes within international law. The focus lies specifically on the anticipatory duties arising under the human right to benefit from science and its applications on the one side and under international biomedical law on the other. International biomedical law instruments adopt a human rights-based approach to the regulation of biology and medicine, so one of the questions is whether the anticipatory duties in biomedical law are indeed a specific application of the corresponding duties in international human rights law, modified, expanded and elaborated further to better address the distinctive subject matter, namely, the interface between the individual and science and technology in a medical context? Or whether the anticipatory duties in international biomedical law draw from international environmental law and/or general international law? The main question that this paper aims to address concerns the precise scope and content of the anticipatory duties under international biomedical law and their relationship to human rights. [ABSTRACT FROM AUTHOR]

The Arab world faces serious challenges in the protection of human rights. Merely criticising government policies towards human rights has long meant risking one's freedom, if not life. Yet despite the myriad threats, there is a long and powerful history of efforts to address human rights from multiple perspectives that has largely been ignored outside the region (and even by many human rights scholars and practitioners within it), in good measure because most of it occurs in Arabic, which most international human rights scholars do not read. This paper critically reviews Arab human rights publications written in Arabic as a first attempt towards elucidating the diversity and depth of human rights literature in the Arab world for the broader field of human rights studies. Bringing this knowledge to the international human rights community is crucial to helping develop a human rights discourse in and for the Arab world that can positively impact research, advocacy and governance despite the broad environment of authoritarian retrenchment across the region. In so doing, our research offers new knowledge for developing human rights studies in trajectories that can have more direct impact on human rights struggles on the ground globally. [ABSTRACT FROM AUTHOR]

The dominant arrangement for governance in many States which are party to international human rights treaties is decentralisation. This puts implementation of human rights in the hands of institutions which are geographically closer to intended beneficiaries. Decentralisation to different levels of government introduces complexity, risk and opportunity to the governance of human rights. In response, UN Treaty Monitoring Bodies focus on State responsibility for implementation of human rights. The Committee on the Rights of the Child has emphasised the State as the coordinating body responsible for children's rights under the UN Convention on the Rights of the Child (CRC). In this paper, Wales is used as an example of a jurisdiction where decentralisation is a feature of children's rights, which has enabled a progressive approach to implementation. It explains the principled Children's Rights Approach which provides public authorities in Wales with a coherent framework to give effect to international children's rights policy planning and service delivery. As the contours of decentralisation in Wales are typical of arrangements in many States parties to the CRC, insights from Wales will be transferable to other jurisdictions. This experience is also relevant to other areas of human rights implementation in the context of decentralisation. [ABSTRACT FROM AUTHOR]

Member States of the ECHR are complex entities made up of many levels. The subsidiarity principle is grounded in this social reality. However, the ECHR, just like general international law, treats its States as unitary entities: local authorities are procedurally and institutionally inexistent in the ECHR system, although they play important roles as protectors and violators of human rights. I show that the codification of the subsidiarity principle in the ECHR preamble was not intended to strengthen the role of local and regional authorities. Protocol No. 15 was only concerned with reinforcing 'the' States role vis-à-vis the Court. I explain this with the state's role as the bearer of political sovereignty and the fact that sovereignty is a pre-condition for a functioning political democracy and, therefore, a democratically legitimate human rights system. Finally, the paper enquires into whether the subsidiarity principle of the ECHR might be read as an interpretative principle, which contributes to determining the scope and content of the human rights that the Strasbourg Court must guarantee, and whether this might benefit local and regional associations. I answer in the negative. Such a reading would be contrary to Protocol No. 15, as it would further empower the Court. [ABSTRACT FROM AUTHOR]

This paper draws on work undertaken to inform the alternative Children's Right Impact Assessment (CRIA) undertaken by the Observatory for Children's Human Rights Scotland (the observatory) in the early months of the impact of COVID-19 in the UK. With reference to children who are at risk of neglect and abuse, potentially subject to statutory intervention in family life, or living in care, the paper focuses on the purpose, process and value of children's rights impact assessments (CRIAs). It argues that wider understanding of the limitations of policy-making processes and close attention to existing limitations of CRIAs can help to enhance their effectiveness in achieving the realisation of children's rights in practice. [ABSTRACT FROM AUTHOR]

This paper examines the unintended consequences of emergency school closures during the COVID-19 pandemic and explores the impact of these closures on children and young people's United Nations Convention on the Rights of the Child (UNCRC) and wider physical health rights. It addresses how States Parties should address and balance these rights during a crisis. It then contextualises the school closures, using global data mainly collated by the Royal College of Paediatrics and Child Health (RCPCH), exploring the direct health risk to children and young people from COVID-19 and the risk they posed to the wider community, finding both low. It then draws on findings from the Children and Young People's Commissioner, Scotland's COVID-19 Independent Children and Young People's Rights Assessment (ICRA) and wider literature identifying numerous unintended rights breaches, focusing on the rights breaches experienced by three particularly vulnerable groups of children and young people, namely those (i) at risk of physical or sexual violence; (ii) with additional support needs; and (iii) experiencing poverty and deprivation. Recommendations are made as to how to avoid breaching children and young peoples' physical health rights in future emergency school closures. [ABSTRACT FROM AUTHOR]

Proponents of transformative justice articulate an approach to dealing with the past that seeks to change pre-conflict structures in ways that make society more inclusive and equal in the future. However, a criticism arises that transformative justice has been better at diagnosing the limitations associated with transitional justice rather than defining solutions and pathways to achieve its primary objectives. This paper examines the potential for peace agreement processes- understood to comprise peace agreements, peace negotiations, and peace agreement implementation- to advance the core aims transformative justice. In theory, peace agreement processes offer a sense of tangibility to the transformative justice project, existing as critical junctures where the underpinnings of structural violence can be addressed. At the same time, transformative justice offers a lens through which to interrogate the actuality of peace agreement processes, highlighting the challenges associated with realising their transformative justice potential in practice. The paper ultimately argues that greater attention could be paid to the potentially mutually reinforcing relationship between peace agreements and transformative justice. [ABSTRACT FROM AUTHOR]

I Guest Editor: Dr. Sonja Grover i This special issue explores the range of meanings attributed to the terms "judicial activism" and "populism" and, in the context of specific contemporary case law, examines the interplay between these two phenomena. Submit to I The International Journal of Human Rights i via the online submission system and ensure that you use the drop down menu for special issues and select the title B Judicial Activism in an Age of Populism b I . i In addition, please ensure that as a precaution you email a copy of your paper direct to the Guest Editor of this special issue, Dr. Sonja Grover at sonja.grover@lakeheadu.ca. [Extracted from the article]

International human rights institutions and scholars are debating whether established human rights suffice to address challenges raised by neurotechnologies which measure or alter brain activity; UNESCO intends developing a novel standard-setting instrument for neurotechnologies. This paper analyses how core human rights pertain to neurotechnologies and might be interpreted in this context. Contrary to claims about gaps in the law, several rights, especially the underexplored rights to mental integrity and freedom of thought, as well as some features of human dignity provide resources to protect persons against reading their minds or tampering with their brains against their will. Proposals for the construction of these rights are submitted. They specify and actualise the multi-layered protection of the person that core human rights provide. [ABSTRACT FROM AUTHOR]

This paper will first review the debate over the definition and recognition of Indigenous peoples with regard to the people of Ryukyu/ Okinawa, focusing on the colonial history, specifically regarding the case of the lawsuit calling for the return of the Ryukyuan ancestral remains. Then, after an overview of the history of the lawsuit calling for the return of the Ryukyuan ancestors, which was instigated in 2018, I will present what has been achieved so far, the challenges that remain, and the prospects for the future. There, the 'colonialism by academic knowledge' nurtured since the colonial period will be exposed, and the recognition by the state of the people of Ryukyu and Okinawa as Indigenous peoples, and the possibility of solidarity among civil society and domestic and international Indigenous and minority peoples will be analyzed. [ABSTRACT FROM AUTHOR]

The Universal Declaration of Human Rights was drafted, in part, as a response to the horrific antisemitism leading to the extermination of millions of Jews in World War II. Yet, today, organisations that utilise human rights instruments to criticise Israel's laws, policies and practices are themselves being cast as antisemitic. How has the contemporary human rights regime come to be charged with antisemitism? The ostensible answer is that the meaning of antisemitism has expanded to include anti-Zionism and harsh criticism of Israel. While scholars have debated the validity of this expansion, this paper interrogates three types of abstractions: those deployed by traditional antisemites, those emanating from human rights, and those mobilised by the new antisemitism doctrine. An analysis of these abstractions helps clarify the new hostility between antisemitism and human rights. Whereas Zionism aims to protect Jews by asserting a right to Jewish difference within the context of a nation-state, human rights aim to protect Jews by promoting an egalitarian distribution of rights among the population. The crux of the matter is that the solution human rights offer to antisemitism also threatens the Zionist project, since it challenges the racialized mode of governance that this political ideology has implemented. [ABSTRACT FROM AUTHOR]

During the last two decades, UNICEF has led efforts to measure Child Poverty globally as well as in various regions and countries. These efforts have been explicitly grounded on a human rights perspective and guided by the Convention on the Rights of the Child. In this paper, some of the issues raised by these endeavours are analysed. The paper explicitly uses, and expands, Sally Engle Merry's framework of vernacularisation to assess these efforts. Thus, it is organised in three sections. First, a review of criticisms to the broader project of 'human rights measurement' is offered. This includes aspects of vernacularisation, paradoxes of measurement, and the tension between universal standards and particular specificities. Secondly, a brief description of Child Poverty measurement is provided, with a focus on developments and debates of the last 20 years. This is the case study on which Merry's framework is applied. This is done in the third section. Based on this analysis, practical recommendations for future research on Child Poverty measurement based on human rights are discussed in the concluding section. [ABSTRACT FROM AUTHOR]

This paper uses Australia as a case study to analyse restrictions on international movement during the COVID-19 pandemic. Restrictions on inbound and outbound travel have been a key tool deployed by governments across the globe to suppress the COVID-19 pandemic. We use 'COVID zero' Australia as a case study to assess an extreme response to restricting international movement. We look at the recent complaint launched before the United Nations Human Rights Council in Geneva. The action was raised with the support of a group of Australian citizens stranded abroad with the assistance of the expert in Australian constitutional law who is the second author of this paper. We argue that the measures implemented by Australian governments to effectively eliminate COVID-19 domestically have provided insufficient consideration of, and alternatives to, the current system's failure to facilitate essential international travel. For this reason, Australia's framework for restricting international movement lacks proportionality and necessity from the perspective of human rights and freedoms. [ABSTRACT FROM AUTHOR]

Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making. [ABSTRACT FROM AUTHOR]

This paper examines out-of-home placements from the perspective of children who have been exposed to domestic violence and have experienced child protection system interventions. Drawing on focus group discussions with children placed in residential care, family foster care and children crisis shelters, the paper analyses the ways in which the inclusion of children's opinions in child protection decision-making is facilitated or limited. The analysis shows that the children valued being consulted and welcomed any opportunities to work together with child protective service professionals in defining their placements. Based on the findings of this study, the experiences of the children in this study demonstrate that involving children in decision-making about their placements is generally to be encouraged. [ABSTRACT FROM AUTHOR]

As the climate crisis increases in severity, the number of persons who will be displaced both internally and across state borders will rise exponentially. There is currently an alarming lacuna in international law regarding the protection of persons displaced by climate change, the implications of which are becoming increasingly dangerous as numbers inevitably surge. This paper explores potential mechanisms of protection for individuals displaced by climate effects internationally and regionally, analysing the merits and limitations of each avenue. Through a case study regarding the attempted humanitarian visa programme for Pacific Islanders in New Zealand, the paper establishes the need for rights-based mechanisms on both the international and regional levels designed to protect persons impacted by climate displacement through an autonomy-focused, culturally cognisant approach. [ABSTRACT FROM AUTHOR]

This paper presents the results of a mixed-methods study on the child's right to freedom of expression in Moroccan-controlled Western Sahara (MCWS). Qualitative data for this paper was obtained by the author and student researcher through covert field research and online interviews. The data is analysed according to three academic perspectives: first a legal doctrinal perspective, which discusses the content of the child's right to freedom of expression under international law. Second, a normative pluralism perspective, which shows how the child's right to freedom of expression is protected and/or violated on different social levels in MCWS, such as the state, the school and the family. Third, a narrative theory perspective, which discusses the two dominant narratives in MCWS (the Sahrawi activist and the Moroccan nationalist narrative), both of which are the presentations, the subject, and a cause of the illegal restrictions placed on the child's freedom of expression for children living in MCWS. The paper ends with a presentation of an alternative, third narrative: a silent narrative, which according to the author has the potential to be a new political space where certain topics can be discussed more freely. [ABSTRACT FROM AUTHOR]

The majority of writing on global human rights diffusion focuses on the state level and state's rejection or assimilation of such norms. This paper turns the focus to the international level and to the norm gatekeeper, the UN Committee on the Elimination of Discrimination against Women, CEDAW. The study examines how CEDAW translates the mission of eradication of negative stereotypes. The analysis is based on close reading of UN policy documents defining the concept of stereotypes, and a content analysis of 55 commentary reports addressed to Muslim states from 2010 to 2019. The paper identified three main obstacles to an effective process: the UN's emphasis on the behavioural manifestation of stereotypes instead of confronting social perceptions; the commentary reports' use of vague and superficial terminology that fails to operationalise eradication of stereotypes; and a deficiency of positive social and cultural models that inhibits a vision for a world devoid of stereotypes. To conclude, CEDAW condones the presence of negative stereotypes but at the same time avoids translating its mission into clear applicable action. [ABSTRACT FROM AUTHOR]

In 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief presented his 'Report on Freedom of Thought' to the United Nations General Assembly. This was the first substantive consideration of the right to freedom of thought at the United Nations level since the right was recognised in 1948. This paper provides interdisciplinary reflections on this report to support ongoing discussions on the appropriate content and scope of this fundamental human right. We begin by addressing reasons for the historical neglect of this right, namely the right being viewed as more symbolic than practical and relevant interests being perceived as already protected by other rights. Next, given there is no consensus on what the right protects, or how it protects, we consider its potential attributes. We then consider potential violations of this right, turning to its application to mental health. Finally, we consider the Special Rapporteur's recommendations, discussing how some may be realised through human rights-centered regulation in the form of the European Union's new Digital Services Act. In this context, we also briefly consider relevant aspects of the EU Commission's proposal for an AI Act. We conclude by outlining pressing challenges facing the development of this right. [ABSTRACT FROM AUTHOR]

This paper investigates the correlations between the human rights situation and religious identity among minorities. It uses an integrated longitudinal dataset of the World Values Survey waves from 1990 to 2014 and three human rights measures to test how (a) constitutional guarantees of religious freedom and equality, (b) governmental human rights practices, and (c) societal discrimination and prejudice against minority religions correlate with the average strength of religious identities in 42 countries. Multilevel analyses show that Muslim respondents had the highest and Buddhists the lowest identity scores. The highest identity scores were further found in countries with medium governmental repression compared to such with very low or very high repression, and those with very high levels of societal discrimination. Those findings are discussed against the background of the existent literature on minority identities and religious movements. [ABSTRACT FROM AUTHOR]

In its COVID-19 Statement of April 2020, the UN Committee on the Rights of the Child recommended that States Parties explore alternative and creative solutions for children to enjoy their rights to rest, leisure, recreation, and cultural and artistic activities – rights, which along with the right to play, are encompassed in Article 31 of the Convention on the Rights of the Child (UNCRC). This paper reflects on play in times of crisis, giving particular focus to the experiences during the COVID-19 pandemic. Three narratives of play and crisis are introduced – play in crisis; the threat to play in times of crisis; and play as a remedy to crisis. Progressive responses to support play during COVID-19 are appraised. Against a backdrop of innovation and a stimulus to research in play, concerns persist that children's right to play is not foregrounded, and that the 'everydayness of play' is not adequately facilitated. [ABSTRACT FROM AUTHOR]

Emergency legislation introduced internationally since the beginning of the COVID-19 pandemic saw the closure of all levels of educational settings and a shift to remote teaching. Drawing lessons from an independent child rights impact assessment (CRIA) in Scotland, United Kingdom, this paper reviews the impact of COVID-19 measures on children and young people's rights to, and experiences of, education during the current crisis. Findings highlight that while measures sought to preserve the best interests of children and their basic rights to safety, a distinct lack of consultation on the impacts of the measures undermined the interdependency and indivisibility of children's human rights. Three human rights principles – participation and inclusion, non-discrimination, and mutual accountability of family and the State – were identified as being particularly significant in this assessment. Looking forward, findings point to the need for extending the range of perspectives involved in child rights impact assessments in times of crisis – where human rights are at even greater risk of being breached – and the significance of a children's rights-based perspective for re-imagining education altogether. [ABSTRACT FROM AUTHOR]

From Northern Ireland to Sierra Leone, Bosnia-Herzegovina to the Democratic Republic of Congo, Afghanistan to Nepal, the transition from war to peace has historically presented an opportunity for the adoption of international human rights treaties (IHRT). This paper examines the relationship between peace agreements and treaty ratification by exploring when, how and why peace negotiations and the agreements that result from them might affect states' decisions to adopt IHRT. Identifying peace agreements and the processes that produce them as critical junctures provides an opportunity to observe how a range of actors, for different reasons and utilising different strategies, can contribute to a state's decision to ratify a human rights treaty. The paper demonstrates that in societies attempting to transition from conflict to peace, ratification is explained not by any one theory or at the behest of any particular actor. Rather, it occurs because of a multitude of factors and efforts by various constituents that converge to shape a state's decision to commit to international human rights law during transitions from conflict to peace. [ABSTRACT FROM AUTHOR]

This paper draws on recent empirical research into indigenous Adivasi identities in India to explore Adivasi participation and demands for community rights within local structures of governance in a village context. I examine the multiple articulations of rights by the Adivasis that they consider crucial for community development in the backdrop of protracted violence and conflict. This paper engages with the local context of civil unrest by drawing attention to the Maoist movement, its assumed opposition to rights in official policy discourses and its relevance to the Adivasi lives. In particular, I analyse the ways in which the Adivasis engage with the local power relations with respect to the state, the Maoists and other community groups to make demands for everyday survival and gain access to resources. Linked to this, I attend to the modes of collective (dis)engagement, social and political participation of the Adivasis in governance forums to (re)claim the rights to land, forest, safety and overall community development that were denied to them as a group historically. These rights, I argue, are deemed necessary by the community in ensuring equal citizenship, social inclusion and in realising their specific struggles for human rights within the local context of violence. [ABSTRACT FROM AUTHOR]

This paper outlines how entrenched ideas such as 'state of nature' and 'traditional societies', as outlined primarily in the political thought of liberal imperialists such as John Locke and Henry Maine, cause modern colonial and post-colonial states to enforce a 'limit of the political'. It argues that such a limit of the political excludes from the political domain imaginaries of collective life shaped by communities that came to be categorised as tribal. By marking the influence of these categories on British parliamentary debates on Schedule VI of the Government of India Act, 1935, the arguments of Gopinath Bardoloi and his Sub-Committee Report on the 'Excluded Areas' of Assam, and on the Constituent Assembly Debates of India on 'Excluded Areas' and 'Partially Excluded Areas' in India, this paper demonstrates that a 'limit of the political' came to be enforced by the legal creation and maintenance of 'murky boundaries'. It defines murky boundaries as non-dichotomous boundaries drawn between both people and areas to demarcate the gradated manner in which those the modern state categorises as tribes are included, partially excluded, and excluded altogether from the political. This paper argues that such murky boundaries were created so that the state could organise its standoffishness towards routine administration, standardisation, and legibility of its diverse tribal subjects. [ABSTRACT FROM AUTHOR]

Academic freedom is a necessary principle. Current attempts to (re)conceptualise, (re)frame, and reduce the principles of free speech from universal concepts to specific and narrow conceptions are however underpinned by political expediency and accompanied by erosions to press freedom and protest rights. The current enacting and policing of academic freedom is purposely acontextual, colour-blind, and ignorant of differential costs of dissent and (non)compliance. This paper focuses instead on the interlinked conditions of precarity, neoliberalisation, internationalisation, digitisation, and state-encouraged intervention that lead to increased surveillance, (self-)censorship, and cultures of silencing, to show that women and people of colour are caught in the crosshairs of the 'culture wars' in unique ways. Drawing primarily on the United Kingdom Higher Education (UKHE) sector alongside other international examples, this paper contends that the conditions, structures, and policies around research and teaching amplify state-encouraged backlash against the teaching and research on specific topics. It shows that the renewed fervour for academic freedom continues to disguise bad faith ideologies whilst amplifying politicised interests keen to reinforce the status quo. Historically excluded and minoritised academics face new risks and greater pressures building on already deep-rooted institutional cultures of targeted silencing. [ABSTRACT FROM AUTHOR]

The question of the form that academic freedom takes and how it can be maintained in the context of the internationalisation of universities has become prominent in the UK in recent years. Both governmental and societal voices have raised concerns about perceived threats; however, much of the existing evidence is scattered and anecdotal. In October 2020, we distributed a survey in order to assess these issues. In this paper we report three main findings. First, UK social scientists express high levels of concern across a number of dimensions, from the effects of funding on research, to teaching content, to freedom of expression, and risks created by the online environment. Second, these concerns are somewhat greater in Politics, IR and Area Studies, suggesting that those disciplines which are most international in their content report greater risk. Finally, there appears to be demand for greater support. A majority of respondents did not know if guidelines existed in their department, and state that academic freedom was discussed infrequently or not at all. This suggests that institutional guidance and professional discourse have not kept pace with heightened concern. We find majority support for new legislation and even stronger support for a code of conduct. [ABSTRACT FROM AUTHOR]

In the name of development, water management, and economic growth, the government of Sudan has made the construction of hydroelectric dams a national priority. In the case of the Merowe Dam, it is estimated that around 60,000 people have been affected by the government's hydropower programmes, including loss of land, livelihood, and even life. These struggles have led to a number of litigation efforts, using both national and international judicial bodies. From a research perspective, this unfolding struggle provides a unique opportunity to follow both the trajectory and impact of norms. Do international norms travel locally to support the struggle? Do domestic norms, perhaps newly established, drive the struggle on the international stage? This paper studies a particular set of international norms around indigenous rights and their role in the struggle. Although only one local population of the several affected is technically classed as indigenous, other non-indigenous groups are using the indigenous rights framework in seeking justice, contributing to the strategic regional movement to extend these rights and develop African jurisprudence. This paper explores whether this is evidence of groups 'becoming indigenous' in order to access justice or whether this is an example of organisations directing, or perhaps even overpowering, vulnerable communities. [ABSTRACT FROM AUTHOR]

Mandated to promote the respect of human rights across countries, UN agencies are both guided by those legal instruments, and committed to promote their translation into practice. Despite their inspiring foundation and mission, they often remain underneath their potential to make a difference. The central argument of this paper is that the UN will be able to promote human rights, and through them individual wellbeing and collective welfare if, and only if it lives and breathes these rights internally. Forming part of a Special issue, dedicated to 'Rights in the mandate and work of international organizations' the purpose of the present article is to emphasize that the changes that are required externally to make rights efficient and effective, begin inside, with the aspirations and actions of staff. While the focus of this paper is on the United Nations, many of the challenges and proposed solutions are applicable to the wider aid sector, covering humanitarian and development organizations. Anchored in a multidisciplinary paradigm for understanding and improving individual and collective existence, the article presents the Compassion for Change (C4C) approach. The approach arose from the author's experience and research. [ABSTRACT FROM AUTHOR]

An ideal citizen centric society wedded to the democratic governance always keeps its laws in motion to build an egalitarian and just order. Aesthetic virtue of law lies in the realisation of justice and the creation of an egalitarian order. Against this backdrop, the present paper aims to examine the approach of the Supreme Court of India (SCI) towards COVID-19 Pandemic through suo motu proceedings from various perspectives of jurisprudence and constitutionalism. The government claimed to have strived intensively with full vigour but the response due tolack of preparedness and intense gravity of the catastrophe, the efforts of the government appeared negligible. It warranted prompt revisit of priorities which compelled the SCI to intervene and evaluate the legitimacy of the executive action. Furthermore, it impelled to examine the role of the SCI in responding to the community's sense of justice and humanising justice. The paper presents the solution to the paradox generated out of the inherent friction between constitutional authority of judicial review and resistance of judicial review of executive actions by a populist government. The scope of the discussion has primarily been confined to Orders of the SCI in suo motu hearings and examined accordingly. [ABSTRACT FROM AUTHOR]

This paper considers the possibilities and challenges facing international criminal law as a method of meaningfully responding to environmental destruction. Noting the interconnections between environmental destruction and the causes, conduct and impacts of mass violence, scholars have explored multiple ways in which international criminal law might be better equipped to respond to such harms. These have ranged from using existing provisions to introducing a new crime against the environment. This paper examines the evolution of these approaches and considers the capacity of international criminal law to respond to environmental destruction. In light of the challenges associated with introducing a new crime, it focuses on the possibilities associated with 'greening' the Rome Statute. Building on this approach, the paper considers whether the reparation framework adopted by the International Criminal Court offers an opportunity to meaningfully respond to environmental destruction and related human rights violations. It argues that there are three main ways in which this might be done: (i) by introducing the concept of 'eco-sensitivity' to reparations designed to respond to other anthropocentric harms; (ii) by awarding reparations that explicitly recognise the harm caused by environmental destruction when possible; and (iii) by exploring the possibilities of an environmental approach towards 'transformative reparations'. [ABSTRACT FROM AUTHOR]

This paper explores Hong Kong Court of Final Appeal's role in protecting fundamental rights under China's One Country Two Systems practice. It starts by giving an account of the constitutional and legal framework for Hong Kong's judicial protection of human rights. It examines the Court's efforts in obtaining constitutional jurisdiction, employing generous interpretation approach to rights guarantees, reforming standards such as proportionality and reasonableness for scrutinising rights restrictions, and broadening reference inputs by comparative approach and amicus curiae for interpretation of rights provisions. It indicates that through these ways the CFA has developed freedom-friendly common law constitutionalism and formed judicial preferences in favour of personal liberty. It advocates that the so-called conservative performance of the CFA on rights issues in national security cases may be its efforts to secure judicial independence and the common law system in a changing political climate. The article posits that due to the CFA's strong foundation in judicial protection of human rights, and its recent efforts to incorporate national security law into common law, it is well-positioned to play a crucial role in preserving the way of life for Hong Kong residents as China's Hong Kong policy enters a new era. [ABSTRACT FROM AUTHOR]

Abstract: The Inter-American Court of Human Rights (IACtHR) and European Court of Human Rights (ECtHR) have developed divergent approaches to interpreting their temporal case admissibility criteria, despite those criteria being nearly identical on paper. This puzzling variation has important implications for the extent to which Americans and Europeans can pursue international legal recourse for human rights abuses committed during past civil conflicts and dictatorial regimes. The IACtHR has clearly established that states can be held responsible for ongoing human rights violations that originated prior to state accession to the Court. However, when victims of similar rights violations have submitted cases to the ECtHR, the Court has frequently declared their cases inadmissible. This article demonstrates that the divergent geopolitical origins of the ECtHR and IACtHR have driven the ECtHR's narrower interpretation of its temporal jurisdiction relative to the IACtHR. Tracing this process sheds light on the conditions under which international courts can hold governments accountable for past human rights abuses in post-conflict societies. [ABSTRACT FROM AUTHOR]

This paper finds out whether the Margin of Appreciation can accommodate children's engagement in work in the field of human rights in rural and urban Ghana drawing on the experiences and perceptions of 60 participants. Qualitative exploratory study was undertaken using semi-structured interviews with parents of children who both were and were not involved in child work (10), and stakeholders, including government officials and NGO representatives (10); focus groups (30); and participant observation techniques (10) in order to gather the needed data. The average age of participants was 31 years. Participants were purposively sampled across rural areas (Ankaase, Anwiankwanta and Kensere), and urban areas (Jamestown, Korle Gonno and Chorkor). Interviews were recorded, and transcribed, using a framework approach as the main data analysis method. The paper argues that there is the need to understand diversity in the field of human rights and accommodate the best interests of the child to local contexts. [ABSTRACT FROM AUTHOR]

The paper assesses the development of disability equality outcome indicators in 35 European countries in a context of the global governance of human rights and development. Outcome indicators are well-known in other fields, notably in the field of gender equality, but have been much less evident in the disability field. This is, in part, due to difficulties of disability definition and measurement but also reflects the relatively recent formalisation of disability equality as a global human rights concern. Over the past decade there has been a rising expectation on states to structure and quantify their monitoring of disability equality and rights. Despite this there is only patchy evidence that transnational governance frameworks have had any great effect on states' compliance with this. The first part of the paper reviews the meaning of disability equality and the duty on states to monitor it. The second part assesses the progress made in European countries, including examples of variations in approach and coverage. Acts of equality measurement make injustices more visible and more governable. In this sense public investment in disability equality indicators is still much needed. [ABSTRACT FROM AUTHOR]

The People's Republic of China (PRC) and the Republic of China (ROC) (Taiwan) have taken divergent paths in the area of human rights. Since the two leaders Xi Jinping and Tsai Ing-wen came to power, the differences in the area of human rights have further increased. The paper analyses and compares their external human rights strategies based on realist assumptions and the soft and hard power resources of the PRC and the ROC. The PRC's objectives are to deflect international criticism of its human rights situation and to weaken the global human rights system and its underlying human rights norms. Taiwan's objective is to use its record as a human rights leader in Asia to expand its limited international space and to strengthen its ties with other consolidated democracies and the global civil society. [ABSTRACT FROM AUTHOR]

Freedom of religion or belief is an essential right for building pluralistic and tolerant societies which can sustain a multiplicity of competing ideas. However, the opaqueness of artificial intelligence systems on the Internet represents a challenge to the protection and enjoyment of this and other human rights. Although AI has generated interest in the human rights literature, these studies have largely focused on AI and its impact on freedom of expression and privacy, leaving other rights such as freedom of religion or belief neglected. As part of a broader research project to expand the academic conversation about AI and human rights, this paper will examine the impact of artificial intelligence on freedom of religion or belief online. The paper will focus on the worship, teaching, observance, and practice associated with freedom of religion or belief alongside the impacts of AI in content display, content moderation, and online privacy. The paper will offer preliminary policy recommendations to encourage discussion on policy approaches to AI development and deployment which incorporate protections for freedom of religion or belief in the era of artificial intelligence. [ABSTRACT FROM AUTHOR]

This paper revisits the traditional trade-off between privacy and security, which underpins the compatibility of general and indiscriminate mass surveillance (or bulk interception) with international human rights instruments, and extends the orthodox patterns of legal argumentation using interdisciplinary knowledge, which is able to nurture, and to be translated into, the language of International Human Rights Law. In search of new resources for the overburdened legal concept of privacy, this research combines a positivistic legal perspective with knowledge from sociologically framed surveillance studies, political theory, behavioural economics, and computer science, and deals with the threats and responses thereto from this epistemological standpoint. The first of three threats singled out in the paper—the 'securitisation' of the danger of terrorism—is treated through embedding the effectiveness of predictive algorithms to the proportionality test. The second one - a consensus of states to use bulk interception tools is suggested to be dealt with by transposition of issues of fair representation to the standard of review. The third threat, which is the shift of social norms towards the permissibility of being watched, is considered through the lenses of the complementation of an individual reading of privacy as a right and a value by a collective one. [ABSTRACT FROM AUTHOR]

While it is reported that a large part of the mining activity abroad comes from Canada, a robust regulatory framework for addressing human rights violations committed by Canadian mining companies is lacking in Canada. From Canadian and international law perspectives, this paper addresses the issue of accountability of Canadian companies who commit human rights violations while operating in foreign countries. The paper discusses reports of human rights abuses by Canadian corporations and the jurisdiction of Canadian courts in cases of alleged violations committed abroad. It analyses selected recent decisions from Canadian courts as case-studies and argues that legal reform is needed to ensure accountability of Canadian corporations operating abroad and access to civil law remedies. [ABSTRACT FROM AUTHOR]

Many indigenous communities in Suriname have been displaced from their traditional lands because the State does not recognise their collective property rights. Despite this, Suriname has not complied with multiple judgements of the Inter-American Court of Human Rights that attempt to remedy the situation. The aim of this paper is to identify how the Inter-American System of Human Rights can stimulate full compliance with judgements of the Inter-American Court of Human Rights concerning indigenous land rights in Suriname. The paper draws on a variety of sources in order to assess the current compliance efforts of the system. Based on this assessment, the paper suggests how to improve conventional mechanisms of compliance in order to stimulate full implementation of the judgements. The paper finds that the monitoring process of the Court, thematic reports, and country visits can be used more effectively in order to stimulate compliance. Drawing from transnational legal theory, the paper also suggest that the system should interact with international organisations and actors beyond the executive organs of the State in order to stimulate full compliance with the judgements of the Court. These findings can be used to increase the effective protection of indigenous land rights in Suriname. [ABSTRACT FROM AUTHOR]

An introduction to the journal is presented in which the author discusses articles in the issue on topics including violations of economic, social and cultural rights; human rights law in Scotland and development of human rights standards relating to persons with mental disorder.

Between 25 August and 13 October 2017, more than half a million Rohingyas of the Rakhine State of Myanmar fled to Bangladesh, as their homes were set ablaze by military and security. Countless women were victims of sexual violence. According to the United Nations, these are considered to be acts of ethnic cleansing. This paper aims to address the Myanmar genocide of 2017, highlighting strategies, practices, processes, and actions of sexual and gender-based violence (GBV) against Rohingya women used by the Myanmar military and security forces to terrorise the Rohingyas. This paper also addresses how Rohingya women survived the dangerous conditions of genocide and were able to develop their agency and successfully brought themselves to safety. Based on the interviews with forty female Rohingya refugees from the shelters in Bangladesh, this paper also describes how Rohingya women coped with these strategies of GBV used against them. [ABSTRACT FROM AUTHOR]