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As one of the fundamental human rights, political rights guarantee that persons can equally participate in socio-political life or management of the state and society without any unreasonable restriction. Ensuring women’s political rights is an important basis for improving women’s status in society. Although ensuring women’s political rights has gained many achievements in Vietnam, there are still many limitations. Through a systematic analysis of the provisions of the International Conventions on Human Rights, the article explains the content of women’s political rights and defines the obligations that must be complied with by the member states to ensure the political rights of women. In addition to practical analysis, the data about the exercise of political rights of women, such as the percentage of female deputies to the National Assembly, the percentage of women participating in the People’s Council, female cadres and civil servants participating in the political processes are collected, thereby the article makes some comments on the achievements and limitations in performing national obligations of Vietnam to ensure political rights of women. The article points out the causes of the limitations and proposes solutions to improve the effectiveness of ensuring women’s political rights in Vietnam.

Bali, one of the world’s tourism destinations, is now facing a paradoxical situation because the increasing number of tourists visiting Bali is going hand in hand with the gradual reduction in productive agricultural land due to land conversion. This paper analyzes the massive practice of converting productive farmland for tourism in Bali. It offers a human rights law lens, particularly the rights to land, food, and tourism, to view the problem discussed in the paper. Legal research primarily reads international legal instruments, Indonesia’s laws and regulations, and some secondary materials. The paper suggested that although the Bali provincial government has issued rules and policies to prevent the practice of land conversion, the government cannot fully control it because many agricultural lands have ownership status. Therefore, there is an urgent need to increase awareness of local communities as landowners to prevent such a practice. This paper also proposes using subak, a traditional farming system, as the basis for ecotourism and agrotourism activities to tackle the problem of land conversion in Bali.

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Copyright of Kant-Studien is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Europarecht (05312485) is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Die Urologie is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Neue Kriminalpolitik is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Georgia is in the process of democratic backsliding. In short succession, a number of laws were passed that have raised alarm over the country’s commitment to democratic values, and its aptitude as future member of the European Union. The law under scrutiny in this contribution targets sexual minorities.

On April 21, Narciso Beleño, a rural (campesino) leader and human rights defender who worked for the restitution of land and the sustainable exploitation of natural resources in Colombia, was murdered. Sadly, this is not an isolated case. 79% of the murders of human rights defenders occur in the Americas, with 47% in Colombia alone. Two recent judgments by the Constitutional Court of Colombia and the Inter-American Court of Human Rights have now addressed the phenomenon and gave legal life to the right to defend human rights.

Migration is one of the frontier areas for rethinking the way in which human rights obligations are typically allocated. Not only is migration externalised and privatised, it is also a consequence of structural global inequalities. But complexity cannot be an excuse for lack of human rights accountability. Nor is there an unchecked mission creep: if human rights are indeed universal, there is no other option but to fill post-territorial gaps in human rights protection.

Human rights law traditionally governs a three-part relationship which connects the individual, the state, and its territory. The design of the EU’s Integrated Border Management (IBM) governance model eschews the applicability and enforceability of international and European human (fundamental) rights law by significantly reconfiguring the relationship between each of these three prongs. This contribution maps how these three traditional triggers for the applicability of human rights law are increasingly evaded in EU IBM policies, the responses to these evasion techniques and how a relational turn in the determination of human rights responsibility may be inevitable.

There are few questions that have proven themselves more fruitless to pose than “What Are the Lessons of the Holocaust?” For very many Jews, and certainly for the Israeli state, the lesson, to be realized in law and policy, is “Never Again–to Us”. The more liberal or universalist lessons are a call for civil courage, democratic self-defense and early awareness of the possibility of dictatorship and mass murder, “Never Again–to Anyone. The tension between these two perspectives is found everywhere the matter is considered, even in Israel and even symbolically.

This contribution determines to what extent the international law obligations of due diligence, the no harm principle or the principle sic utere tuo ut alienum non laedas can be relied upon today to advance extraterritorial obligations of states towards migrants. Crucially for this purpose, the due diligence obligation is not limited to individuals within the jurisdiction of a State. Rather, States must ensure that activities within their jurisdiction do not cause serious harm to individuals in the territory of another State or to common interests of the international community.

The search for a more equitable and legally binding responsibility distribution mechanism in global refugee protection starts with the question what responsibility states bear for the protection of refugees and other forced migrants outside of their territory. Here I discuss two potential avenues within international law: the operationalised international law principles of cooperation and solidarity, based on their application in climate cases; and the Responsibility to Protect (RtoP) doctrine from international humanitarian law. The distribution mechanism they both apply might be useful to establish and define extraterritorial protection obligations of states towards refugees.

The trauma of Auschwitz continues to reverberate in the collective consciousness of Israelis and manifests in Israeli laws across several primary domains. However, the primary impact of the Holocaust trauma on Israeli constitutional law has been the concerted efforts to prevent Israel from descending into a fascist, racist regime akin to Germany in the 1930s. The incorporation of the concept of Intolerant Democracy, which occupies a central role in Israeli constitutional law, was explicitly inspired by German history.

The question of extraterritoriality has found a very particular application in contexts of migration. This renders the questions of which state has to fulfill human rights obligations while a migrant is on the move and to what extent very pressing ones. This symposium examines what the existing criteria for attribution exactly mean for states’ extraterritorial obligations and responsibility in a migration context and whether arguments from other fields of law could either inspire or be implemented beyond their respective borders.

States use mechanisms such as visas, maritime interdiction operations, pushback practices to unsafe countries to prevent migrants from reaching their shores, applying for asylum, or invoking fundamental rights guarantees. This raises the question of whether and to what extent States have extraterritorial obligations towards migrants who have not yet reached the territory of destination countries. By focusing on recent practices in the Mediterranean, this post addresses this overarching question.

Despite the trauma caused by the brutality of pushbacks, victims often attempt to return to the expelling state’s territory, driven by desperation and the search for a better life. In doing so, they risk repeated violations of their rights. This vicious circle has to be broken. As reparation for the violation of their rights, restitution allowing for their return to the territory of the state responsible for the violation should be granted. This victim-centered approach allows their primary goal of re-entry into the state territory to be achieved through legal means.

A jury in a small town in Florida has set a milestone in the fight for international justice. After more than 25 years and 17 years of litigation, survivors of violence in Colombia have secured a victory in their pursuit of financial compensation. The verdict determined that Chiquita Brands International illegally financed the United Self-Defense Forces of Colombia, a designated terrorist paramilitary organization, and thus contributed to the murder of hundreds of civilians. The Chiquita case is the first to hold a U.S. company accountable for financing human rights violations in Colombia.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which aims to eradicate all forms of discrimination based on sex and gender, is an indispensable treaty for women and girls worldwide. Given its profound impact, today’s sphere of international human rights law would look vastly different. But few people know that the CEDAW treaty was preceded by a 1967 draft by Annie Ruth Jiagge.

This article is an attempt to add layers to the discussions of ongoing mass atrocities committed in several parts of the world by discussing an under-reported situation of large scale violence unfolding in Sudan since April 2023, in the hope that the ‘international community’ can address multiple catastrophic situations with similar urgency, mobilise for justice for all peoples, end the culture of impunity, and eventually shift the discourse towards the structural causes of such large-scale violence in different parts of the world.

The hearing in the case of Ukraine, the Netherlands v Russia lasted four hours and twenty-five minutes. more than double than an “ordinary” Grand Chamber hearing. These four hours and twenty-five minutes are an important milestone in what is undoubtedly one of the most important set of cases in the history of European Convention on Human Rights. They cover more than ten years of Russian activities in Eastern Ukraine, including the open war of aggression since February 2022. The number of third parties involved in the proceedings likewise renders the case extraordinary.

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ABSTRACT We can often find in the literature (both popular and academic) ascriptions of complex collective duties to extensive unstructured collections of individuals. By ‘complex collective duties’, I mean collective duties that, plausibly, require that the individual members of an extensive unstructured collection should enact different contributory act-types to achieve an end jointly - for example, the alleged universal collective duty to end global poverty. In this paper, I argue that these duties are not action-guiding. The reason is that they do not pass what I call the ‘test of action-guidance’. This test assumes the intuitive belief that a moral duty is action-guiding only if it is clear to the duty-bearer the act-type that she should enact after the ascription of the duty. Complex collective duties ascribed to extensive unstructured collections fail to pass this test because, even though each duty-bearer (that is, each member of the collection) receives guidance on the end that they should achieve jointly, it is not clear to these agents the act-type that each of them should put into practice.

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When you hear the name 'Louise Weiss', you may think of the European Parliament building in Strasbourg that bears her name, or of her election to the first European Parliament and her inaugural speech. What may not come to mind is the woman Louise Weiss herself and the outstanding achievements throughout her life. This brief profile is a reminder that she should be remembered for her tireless search for peace, her tireless fight for women's rights, her endless humanitarian work and for being truly 'European'.

While rights holders are not expressly mentioned as a group of stakeholders in CSDDD, the adoption of this important legislation creates a significant opportunity to involve rights holders to define how the content of the stand-alone article on stakeholder engagement can be filled with legal meaning by soliciting them directly.

The absence of a number of important human rights instruments from the EU’s Corporate Sustainability Due Diligence Directive, notably for indigenous peoples’ and migrants’ rights, are serious omissions and must be rectified at the EU level during the first review of the directive. Given the status of the CSDDD as a directive, Member States also have the freedom to add these missing instruments during national transposition and should do so in order to further honour their commitments under the UNGPs.

Colonisation continues to have a tremendous impact on large parts of the globe and not only on previously colonised countries. Many of the current geopolitical, economic and environmental challenges that the globe faces cannot be thought of without taking decolonial thinking into consideration. In his Preface to Fanon’s book, The Wretched of the Earth, Jean-Paul Sartre argues that this book is not written for Europeans, yet he challenges Europeans to read it. It is between such particularism and universalism that this article will engage with decolonial thinking in the context of the globe’s various geopolitical, environmental and political challenges. Europe’s colonial claim to universalism cannot be separated from Christendom. In this article, this Christian colonial universalism will be brought into conversation with an attempt at a decolonial theology. Intradisciplinary and/or interdisciplinary implications: The article is an interdisciplinary conversation between philosophy and theology.

National Human Rights Institutions are a critical but often overlooked actor in the context of the European Union’s Corporate Sustainability Due Diligence Directive. As we enter the transposition and implementation phases, National Human Rights Institutions can leverage their unique mandate as human rights experts in their jurisdictions to act collectively and individually to ensure that transposition laws meet human rights standards for an effective implementation.

This blog post offers an initial comparative glimpse of the most important changes that the Corporate Sustainability Due Diligence Directive (CSDDD) will bring for the respective mandatory human rights and environmental (HREDD) legislation in Germany and France. While both the French Duty of Vigilance Law and the German Supply Chain Act already require effective HREDD, the CSDDD goes a long way in strengthening the requirements and bringing them more in line with international standards.

Mandatory human rights and environmental due diligence legislation such as the new EU’s Directive on Corporate Sustainability Due Diligence (CSDDD) have received praise and critique in practice and scholarship. This contribution assesses the regime of administrative enforcement contained in the CSDDD and asks if it meets the standards of effective remedy.

The civil liability provision of the Corporate Sustainability Due Diligence Directive (CSDDD) in Article 29 has been highly debated during the entire drafting and negotiation process of the Directive, but it held on. Where harm occurs, will Article 29 CSDDD fulfill its function to provide a right to remedy for the affected individuals and legal clarity for the companies at the same time?

There is a lot to unpack in the now final text of the Directive. The German Institute for Human Rights offers initial analysis in this blog symposium, which starts with this contribution. The contributions engage with the final text of the Directive and give some initial guidance for interpretation and transposition requirements. Topics covered include a critical reflection on the neo-colonial context of the the law-making process, access to justice and administrative supervision measures for rightsholders, the scope of human and environmental rights that are covered by the Directive as well as the transposition phase with comparative analysis in the context of existing national due diligence legislation, its extraterritorial reach and the involvement of National Human Rights Institutions.

The Article 13 EU Corporate Sustainability Due Diligence Directive is home of the meaningful engagement provision. It is significantly more robust than similar provisions in national due diligence legislation in France, Germany and Norway. Despite the fact that a number of differences between EU CSDDD and these national laws is likely to give rise to some “harmonization pains”, one silver lining exists: stakeholders gain some leverage.

Bertha Maria Júlia Lutz was an acknowledged scientist, a women’s rights activist, a politician, and a diplomat. Mostly known for being one of four women to sign the United Nations Charter in 1945 and assuring the inclusion of the rights of women in its preamble, she also played a vital role in attaining women’s suffrage in Brazil.

The research reported in this article was centred on three research questions about the issue of ensuring that, in education and schooling, the principle of the best interests of the child is respected. The inauspicious treatment of children through the ages led the international community in the form of the United Nations to adopt its Convention on the Rights of the Child (CRC) in 1989. The series of developments culminating in the adoption of the CRC led to the formulation of the following three research questions: (1) What motivated the United Nations to adopt its CRC, in particular its formulation of the notion of ‘the best interests of the child’? (2) How did the notion of ‘the best interests of the child’ subsequently find expression in the 1996 Constitution of the Republic of South Africa and the South African jurisprudence following thereafter? (3) What perspectives does the Bible, as the Word of God, provide on the notion of ‘the best interests of the child’? Interpretivism-constructivism was used in putting together the thesis developed in this article. Interpretivism was applied to the results of an initial literature study on the status of the child, followed by constructivism in construing the line of argumentation that follows. The second part of the article emerged after a critical analysis of the post-1994 legislation and jurisprudence in South Africa. The norm set by the CRC has been respected since the advent of the new political dispensation in South African legislation and subsequent jurisprudence. The Bible, as the Word of God, also provides perspectives regarding the notion of ‘the best interests of the child’, although it does not employ this phrase as such. It teaches that since children are human beings and created in the image of God, and also because they are vulnerable, they have to be treated with loving care, respect, sympathy, and empathy. Contribution: The article sheds light on the way the concept ‘best interests of the child’ attained international acceptance and subsequently obtained application in the South African constitutional arena since 1994. It also creates a link between legal stipulations and biblical perspectives regarding the notion of ‘the best interests of the child’.

For a piece mapping India’s push-and-pull on reproductive rights – the expanse of its protection and the edges it comes up against – history is a good place to start. Rights in the reproductive sphere are relatively new to India. While India enacted a seemingly liberal abortion legislation as early as 1971, concerns about women’s rights were hardly the drivers behind it. Women’s bodies were a means to achieve the State’s end of population control. It is difficult to justify if women were truly seen as rights-holders. Did this change in recent years?