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In recent years, a growing body of research in positive epidemiology has sought to expand the traditional focus of epidemiologic research beyond risk factors for disease and towards a more holistic understanding of health that includes the study of positive assets that shape well-being more broadly. While this paradigm shift holds great promise for transforming people's lives for the better, it is also critiqued for showcasing decontextualized perspectives that could cause great harm to the public's health if translated uncritically into population-based interventions. In this commentary, we argue for orienting positive epidemiology within a human rights and economic justice framework to mitigate this threat, and we discuss two examples of previously proposed health assets (religious involvement and marriage) that demonstrate the urgent need for positive epidemiologic research to center health equity. Finally, to advance the field, we provide recommendations for how future research can address shortcomings of the extant literature by moving from individual-level to societal-level applications. In doing so, we believe that positive epidemiology can be transformed into a powerful force for health equity. This article is part of a Special Collection on Mental Health. [ABSTRACT FROM AUTHOR]

There is a widespread phenomenon that we call linguistic imposters. Linguistic imposters are systematic misuses of expressions that misusers mistake with their conventional usages because of misunderstanding their meaning. Our paper aims to provide an initial framework for theorising about linguistic imposters that will lay the foundation for future philosophical research about them. We focus on the misuses of the expressions 'grooming' and 'critical race theory' as our central examples of linguistic imposters. We show that linguistic imposters present a distinctive phenomenon by comparing them to some adjacent phenomena, namely conceptual engineering, linguistic hijacking and dogwhistles. We also address four objections about the extensional adequacy of our definition of linguistic imposters. Finally, we argue that, as linguistic imposters spread, they make some inferences featuring misused expressions more cognitively accessible and seemingly socially licensed to misusers and discuss four types of harms that linguistic imposters are conducive to through these effects. [ABSTRACT FROM AUTHOR]

While much ink has been spilt over the political importance of speech, much less has been dedicated to the political importance of silence. This article seeks to fill that gap. We propose the need for a robust, democratic right to silence in public life and argue that there are politically salient epistemic reasons for recognising that right. We begin by defining what silence is and what a robust right to silence entails. We then argue that the right to silence offers two politically salient epistemic benefits. The first is that, if the right to silence is maintained, we can avoid the epistemic harm that may be caused when an individual is compelled to lie in public. The second is that the right to silence can protect marginalised individuals against the epistemic injustices that may arise when others are likely to misconstrue their speech. [ABSTRACT FROM AUTHOR]

This article seeks to probe the controversial relationship between seeking asylum and the permission (or obligation) to work. In doing so, we recognise the concurrent claims that can be made for asylum and access to the labour market, problematising the concept of 'work' and its relationship to freedom and dignity from the perspective of international refugee law and European human rights norms alongside European Union (EU) law. We examine how British and Swedish legal systems have reflected two starkly opposed policy stances. The UK has long denied asylum seekers the financial and psychological benefits that come with work usually until refugee status is formally granted, but the Swedish system has facilitated a complementary pathway for asylum seekers whose labour can make (what is determined politically to be) a sufficient contribution to the economy. We identify the perceived benefits and failings of each strategy. In this context, we observe that the status quo in both countries is changing and even arguably converging around an illiberal consensus regarding the relationship between asylum and work, which will demand further attention and potentially legal challenges in the years to come. [ABSTRACT FROM AUTHOR]

The introduction of the Public Sector Equality Duty (PSED) and the Human Rights Act were intended to establish an equality and human rights culture within public authorities. However, so far this culture has failed to take hold. Both utilise an enforcement pyramid model of regulation, where penalties increasingly progress until non-compliers comply. Using original empirical data this article explores the implementation of equality and human rights law within public authorities via semi-structured interviews. It finds three different implementation profiles: strong implementation (where individuals make the most of the resources they have and drive ever deeper implementation), mixed implementation (where individuals oscillate between deeper and perfunctory implementation), and weak implementation (where individuals avoid taking meaningful action due to feeling overwhelmed and in need of rescue). On the basis of these behaviours, it is argued that an alternative strength-based model of regulation is needed to supplement the enforcement pyramid and truly establish an equality and human rights culture within public authorities. [ABSTRACT FROM AUTHOR]

The article focuses on the challenges faced by human rights scholars in the United States, particularly in regions that exhibit hostility toward human rights issues and international law. It discusses the contradictions between their academic work and the prevailing societal attitudes, highlighting the impact of ignorance and hostility on research funding and teaching effectiveness.

This article examines the 1976 Hanigan case, in which a group of U.S. ranchers kidnapped and tortured undocumented Mexican workers. This case catalyzed activism on both sides of the U.S.-Mexico border, sparking a broader immigrant rights movement rooted in civil rights strategies and human rights rhetoric. The article explores how this movement influenced U.S. immigration policy, challenging the militarization of the border and the treatment of undocumented immigrants within the legal system.

This article seeks to make the human rights case against human rights penality—that is, against the reliance upon and foregrounding of penal mechanisms in the protection of (certain) human rights. The rationale for the alliance between human rights and state penality has at least three central dimensions: effectiveness, accountability and equal protection. In particular, the mobilisation of criminal law (enforcement) and punishment is often treated as the most effective means of preventing and/or redressing human rights violations. Moreover, the criminal process and sanction are often understood as the pinnacle of accountability for serious human rights violations. Finally, the egalitarian rationale for human rights penality views it as redistributing protection to under-protected persons. While remaining committed to human rights, I unpack (some of) the ways in which human rights penality ultimately fails to uphold and even undermines the principles that it has been promoted as fulfilling within the human rights frame. [ABSTRACT FROM AUTHOR]

The United Nations Special Rapporteur has called for 'a revolution in mental health care to end decades of neglect, abuse and violence...enabl[ing] a long overdue shift to a rights-based approach' (United Nations Human Rights Office of the High Commissioner, 2017). Principles underpinning social work practice with people living with mental distress who receive diagnoses such as schizophrenia, personality disorders and bipolar disorder, align with sought after changes. Using Cooperative Inquiry and referring to the Model of Holistic Competence in Social Work, this study investigated mental health social work seeking to foster this shift. Findings confirmed inherent discordance between social work values and mental health care dominated by biomedical and neoliberal views. Upholding social work values in this context involves complex practice, integrating procedural and meta-competencies. By incorporating skills in relational practice and advocacy; knowledge of multiple explanatory frameworks for mental health and mental health systems literacy; self-regulation; fostering tenacity whilst addressing 'othering'; and judgement informing choices around conformity and confrontation, social work navigates tensions associated with this discordance. This paper highlights the nature of values-based social work practice as aligned with mental health reforms. [ABSTRACT FROM AUTHOR]

National child welfare systems are often unalike in their orientation, and can be understood comparatively. Influenced by the principles of historical institutionalism, this article contrasts early German and English child welfare legislation. The first national German system was based on a statute rarely discussed in English-language social work histories: the Reichsgesetz für Jugendwohlfahrt (National Youth Welfare Act). This legislation came into force in 1924, systematically uniting comprehensive services related to childhood. The law is examined in the context of its contemporaneous cultural, political and academic discourses, and contrasted with English developments. The intentions of the legislation-drafters, as well as ideas specific to German-language discourses such as Erziehung (child-raising) and Verwahrlosung (presenting the effects of abuse/neglect) are investigated to cautiously explain divergence from the English child welfare system that institutionalised later. The article concludes by suggesting that the differing classifications of German and English practices in modern child welfare typologies (a family service versus child protection orientation, respectively) echo differences already evident in the two systems' early and mid-twentieth-century legislation. The 1920s conceptual broadening of German child welfare to encompass prevention, universal support and social pedagogic approaches is still visible today, and shapes modern understandings of social work in that country. [ABSTRACT FROM AUTHOR]

Swedish social services play a pivotal role in preventing men's violence against women, including honour-based violence. This type of family-based violence is based on norms that disregard human rights. Individuals growing up in an honour context have limited possibilities to choose their own paths in life. The study comprises young women aged eighteen to twenty-five who look back on their vulnerable positions and the circumstances resulting in their seeking help from social services. They also share their experiences of the support that they had received from social services. Semi-structured interviews with ten women were conducted. The data were analysed through a qualitative content analysis. The findings show that the interviewees are not a homogenous group; circumstances, needs and exposure varied considerably between participants. Professional attention is necessary when threats ensue after divorce, for example, in the case of a bride price refund. Child perspectives must be better considered in the event of a divorce. Women or families that reject standards of honour are subject to harassment in public by people aiming to coerce them into adopting honour norms. Leaving the family was facilitated if one's fears were taken seriously and experiences of being met with understanding and being well cared for. [ABSTRACT FROM AUTHOR]

The shift towards human rights is a cornerstone of contemporary labour law scholarship. However, the debate primarily follows a naturalistic approach, heavily reliant on an orthodox account of human rights as universal moral claims for all individuals. This article challenges this approach, arguing that it frames the debate in an antagonistic and compartmentalized manner, where the two legal domains are seen as distinct and homogeneous. By adopting a political approach, the article proposes framing the interactions between these legal realms through the notion of legal-conflict constellations, wherein labour-capital conflicts manifest as specific social problems that may be addressed, wholly or partially, through rights discourse. These legal-conflict constellations are built around three interconnected processes: politicization, recentring class and the formation of productive resistance alliances. The article makes the following contributions. First, it situates the debate within the broader context of the reshaping of labour law under neoliberalism. Second, it sheds light on the prevailing naturalistic approach and its shortcomings. Third, it proposes a political approach to the debate, advancing a framework to explore the intricate links between these legal fields. [ABSTRACT FROM AUTHOR]

Control and access to land are major concerns for peasants of the global south who face the longstanding consequences of colonialism and recent 'land-rush'. What is the role of human rights in this peasant struggle? The UNDROP marks the international recognition of the right to land. However, as the very project of human rights is facing criticism and the effectiveness of this recognition remains uncertain, the question of whether using the human rights framework is even desirable arises. Arguing for a broader understanding of the actors and processes involved in the application and evolution of human rights, I explain that the process of obtaining the recognition of the right to land involved the mobilisation and re-modelling of human rights by grassroots organisations. I explore the potential of this mobilisation to transform common understandings of human rights, and its distinctive ability to support the necessary paradigm shift to transform peasants' lives. [ABSTRACT FROM AUTHOR]

Relatively low salaries in infectious diseases (ID) compared to other medical specialties, in a world where cost of living is skyrocketing, are an easy explanation for unmet needs of ID training programs to fill their positions. However, the interest in ID falling short of expectations may reflect that some features of the ID specialty are counter to select pervasive tendencies of modern culture, including (1) slow uptake of innovation into daily routines of ID practitioners, (2) the emphasis of clinical mastery of ID practitioners in an environment of medical corporatization and increased focus on revenue generation, and (3) the fact that ID practice takes societal interests into consideration (eg, prevention of antibiotic resistance) in a world dominated by rights of individuals, frequently at the expense of the common good. This article reflects on these possibilities to determine what steps can be taken to resurrect interest in our specialty. [ABSTRACT FROM AUTHOR]

A growing body of literature has acknowledged that a high number of populations with low Health Literacy (HL) is related to poor health outcomes, inequities in healthcare and high economic costs. Those findings have formulated the research questions of this review: (i) what ethical issues arise within the context of patients' HL and (ii) What is the relationship between HL and quality of life? This review followed the guidelines of Joanna Briggs Institute (JBI) and the Preferred Reporting Items for Scoping Reviews (PRISMA-ScR) and it was conducted in five databases: PubMed, CINAHL, MEDLINE, Scopus and Science Direct between June 2022 and December 2023. Out of the 3164 titles retrieved, 285 abstracts were eligible to proceed. Following a thorough examination of the full text of 61 papers, 45 sources were identified that met the inclusion criteria. The data analysis process was guided by the research questions, employing a thematic approach. Four themes were identified: the use of language and patient understanding, human rights, the principlism approach (justice, beneficence, non-maleficence and autonomy) and quality of life. The first theme mainly focused on the relation of HL with the notion of consent forms and national action plans. Human rights in relation to HL were discussed as a minor issue. The bioethical framework by Beauchamp and Childress (Principles of Biomedical Ethics, 6th edn. Oxford University Press, New York, NY, 2009), was addressed by several studies, with a particular focus on justice and the loss of autonomy. Quality of life indicated a positive correlation with HL by most of the authors, while few studies revealed a moderate correlation. [ABSTRACT FROM AUTHOR]

In this article I draw on resources from the Global South, and particularly the African philosophical tradition, to construct a theory of human rights grounded on dignity that presents a challenge to globally dominant, autonomy-based approaches. Whereas the latter conceive of human rights violations as degradations of our rational nature, the former does so in terms of degradations of our capacity to be party to harmonious or friendly relationships. Although I have in the past presented the basics of this relational approach, in this article I present new argumentation in support of it. I defend it from criticism and also go on the offensive by arguing that understanding the human rights violations of torture and rape to be (roughly) behavior that treats innocent parties in an extremely discordant or unfriendly way is, if not more plausible than standard Kantian understandings, at least a promising alternative to them. [ABSTRACT FROM AUTHOR]

Between fall 2018 and spring 2023, the author conducted four survey studies on social work students' use, attitudes, and knowledge regarding social media: (1) a pilot study in fall 2018 (N = 57), (2) a comparative study in spring 2019 (N = 42), (3) a national survey study in fall 2019 (N = 430), and (4) a national replication survey study in spring 2023 (N = 287). The purpose of this article is to describe general observed trends across these four studies. Findings included persistent and pervasive use of social media, decreased knowledge of the impact of social media in undermining democratic processes, students' inverted concern for others' use of social media when compared with concern over their own use, diminished agreement with the importance of protecting personal data and treating data protection as a civil/human right, overall agreement that law enforcement should be able to use social media in the apprehension of people accused of committing a crime, decreased agreement that disinformation is a problem on social media, ambivalence toward social media's positive impact on society, and increased strong disagreement that students wish to delete their accounts but feel unable to do so. Recommendations are shared. [ABSTRACT FROM AUTHOR]

Despite being elaborated by experts, the Yogyakarta Principles on sexual orientation and gender identity (YP) strongly resemble an international human rights treaty in their language and format. Building on drag performances, I argue that, instead of merely imitating law, the YP creatively disturb the borders of international law-making. [ABSTRACT FROM AUTHOR]

Typically, human rights abusers are widely condemned by the international community in the context of transitional justice. But what happens when the transition to democracy generates refugees that are not permitted to return to what appears to now be a stable, peaceful democracy? This is the case of Bhutan, who forcefully expelled its largest minority community during a period of nation building, then successfully transitioned to democracy without any accountability for the crimes that occurred during that process. While approximately 100,000 Bhutanese refugees in camps awaited some measure of justice and hoped for repatriation, the international community provided them with a democratically grounded education to raise awareness of their rights. But this education was not matched by any pathways to exercise those rights or achieve justice. This article examines how particular challenges to transitional justice are experienced by refugee and diaspora communities, and how current justice structures frequently fail to meet their needs. [ABSTRACT FROM AUTHOR]

Human rights are declared to be 'fundamental' and 'foundational' to social work. Such rights are part of the 'DNA' of the profession. This understanding is central to the profession's self-image, and it reflects how social work portrays its ethical base to the general public and the wider world. However, uncritical uses of 'human rights' by its promulgators and (re)producers occlude a range of important questions; for example, around the failure to historise the political reanimation of the phrase and concept, especially in the 1970s. Drawing on an expansive literature, the article aspires to deepen and trouble social work engagement. It is also proposed that the notion of 'human rights plus' (hr+) might potentially expand the political reach of the usage of the term within social work. [ABSTRACT FROM AUTHOR]

This article explores the significance of politicisation in social work and its role in challenging power dynamics and promoting transformative change. It is viewed as a means to challenge established power structures, raise awareness of issues and engage in political action. Three pitfalls are identified in the way politicisation is conceptualised and used. First, there is a tendency to define politicisation too broadly. The authors assert that politicisation should involve challenging the existing system rather than merely making modifications. Secondly, the belief in consensus thinking about democracy is criticised, as it overlooks power imbalances inherent in politics. The authors advocate for an agonistic politics approach, where ideological opponents engage in a struggle over competing values and interests within a shared democratic space. Lastly, the adoption of subpolitics as a politicising strategy, which focuses on individual actions, is deemed inadequate as it often fails to address structural inequalities. Instead, the authors propose prefigurative politics, which involves creating concrete collective interventions that anticipate and embody a different society in the present. In conclusion, this article underscores the importance of understanding its distinct meaning and strategies. The authors suggest agonistic and prefigurative politics as a promising framework for politicising practices in social work. [ABSTRACT FROM AUTHOR]

The evolving landscape of climate change litigation within human rights frameworks presents a complex challenge for courts worldwide. Recent landmark decisions by international court and treaty bodies have expanded the jurisdiction of human rights courts to address climate-related disputes. However, the most recent case law of the European Court of Human Rights (ECtHR) emphasises the delicate balance between recognising the urgency of climate action and upholding the integrity of a regional human rights system. This article explores the ECtHR's use of the living instrument doctrine in response to climate change-related legal claims. It submits that climate change cases highlight the circumscribed role of the European Convention on Human Rights (ECHR or the Convention) in dealing with the climate emergency and reveal the tension between addressing climate change impacts and maintaining the functioning of the European human rights system. [ABSTRACT FROM AUTHOR]

The right to a clean, healthy and sustainable environment is being increasingly adopted internationally and nationally. Nevertheless, there remains ambiguity regarding what the right and the correlative duty to protect the right entail. This article examines the nature, content and realisation of the right. The nature of the right is suggested to be a cluster of rights, including civil and political rights, economic, social and cultural rights and other rights. The content of the right has at least three components: substantive, procedural and intertemporal. Realisation of the right depends on the correlative duty to respect, protect and fulfil the right. The content of the duty includes specific obligations to achieve the inviolable element of the right, the minimum core obligations and the progressive realisation of that right using maximum available resources. In this way, the article suggests a conceptual framework that can guide states in better realising the right. [ABSTRACT FROM AUTHOR]

The state-centric nature of international law has been recognized as a severe barrier to the realization of human rights since the outset and remains a concern today across the globe. However, the dominant space the state has historically occupied within the field as duty-bearer, deemed almost exclusively responsible for citizens' enjoyment of rights, faces a small yet by no means insignificant challenge in the form of human rights cities. While there is a rich literature surrounding municipalities whose local governments embrace non-discrimination, participatory democracy and other human rights principles, a distinct, yet equally fascinating development is the trend in cities who have committed to the furtherance of a singular right. One such phenomenon which has yet to receive significant attention within the academy is the rise in right to food cities in the UK, referring to those which have joined the campaign for domestic recognition of the right. In light of the UK government's deep-seated resistance to the right, this article explores the advent of right to food cities/municipalities and their potential as an alternative means of targeting hunger and food insecurity within the state. While it is recognized that each individual initiative may only have a localized impact, it is argued that their collective force should not be dismissed at this early stage—their calls for change are only likely to increase in fervour as the effects of the cost-of-living crisis upon the population worsen. [ABSTRACT FROM AUTHOR]

This review essay considers The Prisons Memory Archive. A Case Study in Filmed Memory of Conflict edited by Jolene Mairs Dyer, Conor McCafferty and Cahal McLaughlin (2022) and Archives and Human Rights edited by Jens Boel, Perrine Canavaggio and Antonio González Quintana (2021). Both books are discussed in terms of their key themes, approaches and contributions before discussing their specific contributions to understanding the interaction of transitional, domestic and international politics and archival practice. [ABSTRACT FROM AUTHOR]

Ethics in biomedical research in mental health plays a central role. Historically the principles of autonomy, beneficence, non-maleficence and justice have been violated in individuals with mental disorders. This article aims to analyse the perceptions of individuals involved in research ethics advocacy in Aranzazu-Colombia, from the Declaration of the Town Square to current research practices and community empowerment initiatives. For this, a qualitative study was conducted in the municipality of Aranzazu as part of a Community-Based Rehabilitation strategy in Mental Health. Two focus groups were conducted with a total of 30 participants, including community representatives, institutional members, and healthcare personnel. The themes that emerged were 'The urgency of speaking as one', 'Our research questions' and 'Human rights for recovery'. The process of adoption of community protection measures that guided the investigative processes with the town of Aranzazu is presented. A discussion is raised around the instrumentalization of people in the investigation and the claim of human rights by communities, as a mechanism to strengthen community recovery actions. It is concluded that mental health research should help to affirm dignity, reduce stigma, improve access to psychosocial recovery and achieve real participation in building the well-being of communities. [ABSTRACT FROM AUTHOR]

Indigenous peoples have been struggling worldwide to have their rights recognized. Despite relevant legal advances, such as the Declaration on the Rights of Indigenous Peoples (2007), the implementation gap between the adoption of international standards by States and their compliance still remains. This article relies on empirical examples from Interactive Dialogues (ID) with the Special Rapporteur on the Rights of Indigenous Peoples (SRIP) and the Expert Mechanism on the Right of Indigenous Peoples (EMRIP), held between 2011 and 2021 in the Human Rights Council sessions, to exemplify how these struggles also become noticeable in the public and global arenas. It highlights the emblematic case of conflicting narratives between Indigenous peoples and the Brazilian State in 2020, when the latter strategically used 'misunderstandings' to delegitimize Indigenous peoples' claims. It concludes that the underlying challenge in the implementation of Indigenous peoples' rights rests in ontological conflicts between States and Indigenous peoples, especially concerning the meaning of self-determination. These struggles are reflected in the disputing of narratives in the UN human rights arenas, and have been shaping interpretations of Indigenous peoples' rights that privilege a perspective antagonistic to them. The article provides some practice-oriented recommendations for reducing discourse manipulation at the HRC. [ABSTRACT FROM AUTHOR]

Human rights-based approaches to development (HRBADs) have been pointed out as the most accomplished form of integration of human rights in development. Despite the growing talks among development practitioners on the need for human rights-based approaches to development policies and practices, it remains unclear what exactly the human right principle of accountability at the heart of these approaches consists of. This article seeks to unravel some of the difficulties. What does the principle of accountability mean? Who is accountable and to whom? What does it mean for current development practice? Reflecting on these questions, this article critically delves into policy, guidance, operational documents, evaluations, and other analyses by a selected number of bilateral development agencies. This desk-based research is in some cases backed by semi-structured interviews designed to provide a review of the current approaches to applying the principle of accountability. The article sheds light on how the principle of accountability is understood and applied by those agencies, and notes challenges and inconsistencies. It argues that the principle of accountability should be made fit for purpose so as not to become mere political rhetoric without practical meaning in development practice. It is thus contended that development agencies and state donors should move beyond understanding the principle of accountability as one that is grounded in internal accountability mechanisms and systems of evaluation and aim for holding all stakeholders, including themselves, accountable to the rights-holders of their development programmes and projects. [ABSTRACT FROM AUTHOR]

The term 'human rights-based approach' is common in rights and international development literature. Yet there is no single, universally agreed definition of a human rights-based approach, let alone its application to the right to health. This article uses a PRISMA-informed systematic literature review to address the question, 'What is the current status of the human rights-based approach to health in international law?' Previous reviews have described how international organizations and development donors have tackled human rights-based approaches to development generally and discussed prominent works on human rights-based approaches to health. However, this is the first review to sample the peer-reviewed literature systematically. The study revealed that authors use the terms 'human rights', 'human rights-based approach' and 'right to health' to import a raft of legal implications, or none at all. Similarly, readers may assign legal meanings to these terms, or none at all. Confusion arises because although these terms often have different meanings for authors and readers from different disciplines, this is not commonly acknowledged, and authors rarely clarify their perspectives. The author concludes that scholars should seek co-authors with human rights law or public health qualifications, as relevant. Most academic institutions research and teach health and law separately; interdisciplinary centres of excellence in health, law and human rights offer an opportunity to overcome these historical obstacles to interdisciplinary dialogue and understanding. The study and its conclusions will be of interest to legal researchers, human rights advocates, public health scholars, and advocates from other disciplines. [ABSTRACT FROM AUTHOR]

Most European states have ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), but implementation varies at national and local levels with municipalities often playing a key role. Decentralization policies have often led to municipalities providing social support as well, but little attention has been paid to the accessibility of municipal support for persons with disabilities in the light of the CRPD. Therefore, this article presents the Dutch 2015 Social Support Act (SSA) as a case study. The SSA introduces the right to an assessment. This legal evaluation moment has far-reaching consequences for persons with disabilities as it serves as the gateway for access to reasonable accommodations under the CRPD. Dutch municipal councils implement their assessment systems in different ways, but social district teams are usually set up to execute the assessment under the mandate of the municipality. It is often the case that social workers fulfil both counselling and gatekeeping roles, despite the fact that they are not necessarily trained to combine these dual responsibilities. This article identifies impeding factors that influence the gaining of access to municipal social support at the level of the social system, the involved organizations and the individual professionals. It takes a legal-anthropological approach based on in-depth multidisciplinary interviews with experts in the field of disability rights advocacy, social policy and human rights, or with experiential expertise. The results indicate a lack of alignment between the SSA and the CRPD. The discussion gives recommendations for a broader implementation of the CRPD. [ABSTRACT FROM AUTHOR]

This article examines the 2011 European Court of Human Rights judgment in MSS v. Belgium and Greece , which held that transferring an asylum applicant from Belgium to Greece violated the European Convention on Human Rights. Despite receiving praise for reaffirming state obligations, this article challenges the verdict. It argues that in MSS , the Court of Human Rights missed a crucial opportunity, leaving the applicant exposed to nearly two and a half years of hardship in Greece, rendering his final triumph before the Court insignificant. The article reimagines the case, envisioning the Court granting an interim measure to halt the transfer. The proposed alternative conclusion, which prioritises the applicant's best interests, could result in substantial political and policy implications. The purpose of this article is to highlight the importance of interim measures in protecting migrants' rights and to encourage the Court to employ them more frequently. [ABSTRACT FROM AUTHOR]

This judgment rewriting is a tale of three Kenyan judicial decisions regarding refugees and asylum-seekers. The judgment rewritten is the 2017 Court of Appeal's decision in Attorney General v. Kituo Cha Sheria & 7 others (Kituo Cha Sheria II) which upheld a 2013 decision of the High Court in Kituo Cha Sheria & 7 others v. Attorney General (Kituo Cha Sheria I) quashing a Government Directive issued to relocate refugees living in urban areas to refugee camps. The petitioners challenged the Government Directive alleging it violated the rights of refugees living in Kenya. A third decision from 2014, Samow Mumin Mohamed & 9 others v. Cabinet Secretary Ministry of Interior Security and Co-Ordination & 2 others (Samow), ostensibly abrogated the protections afforded in Kituo Cha Sheria (I). The securitisation of refugee protection is a major theme across these decisions. Securitisation was briefly addressed in the Kituo Cha Sheria decisions as a technical matter requiring procedural precision for its validity. However, in their scrutiny of securitisation, the Courts neglected to highlight the human rights concerns and the vulnerability of refugees. Placing Kituo Cha Sheria II in the context of the two decisions and using a human rights-based analysis, the rewrite challenges existing notions that portray securitisation as the inevitable consequence of a volatile security environment and the dogmatic embrace of civil procedure even at the expense of the impact on human rights protection. It emphasises the role of the judiciary in the protection of the rights of vulnerable groups, such as refugees. This judgment rewriting contributes to the international refugee law scholarship by centring a human rights-based approach to refugee policymaking and critically analysing the role of courts in safeguarding and enforcing the rights of refugees. Kituo Cha Sheria lays the foundations for a human rights-based review of refugee policymaking that this rewrite seeks to amplify. [ABSTRACT FROM AUTHOR]

Over the last twenty years, the international relations literature has sought to understand the conditions in which peacekeeping operations (PKOs) occur and the efficacy of their presence. Much work has focused on PKOs' relationship to civilians in civil conflict, but less is understood about the influences on peacekeeping missions' quality. If PKOs commit human rights abuses, how might other actors deter exploitive PKO behavior in the domestic context? We argue international nongovernmental organizations (INGOs) provide a monitoring and socializing effect on PKOs. Using the Peacekeeper Attributes (PKAT) and Transnational Social Movements (TSMO) datasets, we analyze peacekeeping missions from 2007 to 2013. Through zero-inflated negative binomial regression, we found that the presence of general INGOs decreases rates of misconduct, and human rights INGOs decrease rates of misconduct. However, we find that the presence of women's rights-focused INGOs does not decrease rates of sexual misconduct among PKO troops. [ABSTRACT FROM AUTHOR]

This article investigates determinants of representation in international human rights bodies. It is argued that socioeconomic factors shape whether human rights abuses translate into complaints to international human rights mechanisms. To seek international remedy, victims of human rights abuse must be aware of remedies, and they require complaint literacy to file complaints. Alternatively, they need ties to skilled networks that might represent their cases. Such complaint resources are systematically shaped by socioeconomic factors, implying that international human rights remedies tend to represent a self-selection of economic elites. The theoretical claims are tested both on the national and individual levels with novel data on the human rights complaint mechanisms operated by the UN Special Procedures (UNSP). While this mechanism is universally open, the follow-up statements of the UNSP reflect socioeconomic disparities both on the national and individual levels. On the national level, human rights abuses translate into more UNSP statements directed at richer countries. On the individual level, lawyers and professors tend to be more likely to be covered by the UNSP. The findings contribute to our understanding of representation in international human rights remedies, suggesting that these mechanisms struggle to reach marginalized groups in low-income countries. [ABSTRACT FROM AUTHOR]

Why do human rights INGOs choose to work on some issues and not others? This article contends that, since the 1990s, the proliferation of issues within the remit of human rights INGOs has increased the moral opportunity costs of selection decisions. Growth in the number and diversity of issues has led to a "selection dilemma" where decision-makers face onerous ethical choices among a significant menu of options. To explain how decision-makers deal with this dilemma, the article builds on existing theoretical work on INGOs, primarily by constructivists, proposing that heuristic-led judgment on the part of key decision-makers is a central determinant in the (non-)adoption of issues. This explanation is examined empirically using a within-case paired analysis of decision-making in Amnesty International and Human Rights Watch. The article's findings provide preliminary evidence that heuristics shape selection outcomes in INGOs, adding further weight to IR scholarship, which stresses the influence of psychology and leaders in organizational and group decision-making. [ABSTRACT FROM AUTHOR]

Why do consolidated democracies incorporate international human rights law (IHRL) treaties into national law? Existing research suggests contrastive accounts of the participation of democracies in IHRL regimes. While overall more likely to ratify, consolidated democracies are sometimes reluctant to accept demanding human rights commitments and less likely than both newly democratic and authoritarian regimes to incorporate international law in their constitutions. To theorize why established democracies commit to IHRL, this paper provides a comparative process tracing of the decisions to incorporate the European Convention on Human Rights (ECHR) into national law in Denmark and Sweden in the early 1990s. Why did these solid democracies with an exceptional commitment to human rights wait over 40 years to give domestic effect to a treaty they had helped create? Assessing rival theories of state commitment to human rights norms, the findings suggest that contextual developments in European law provided an opportunity for domestic political elites to seek insurance by incorporating the ECHR to place constraints on executive power. The argument qualifies claims about material strategizing or socialization to European norms as the primary drivers of incorporation. [ABSTRACT FROM AUTHOR]

Are agreements between states and victims an effective way to achieve reparations for human rights violations? We identify and evaluate a legal instrument hitherto ignored in analyses of the Inter-American Human Rights System: compliance agreements. These agreements emerged as a tool to negotiate the implementation of recommendations made by the Inter-American Commission on Human Rights to states responsible for human rights violations. In the first part of the paper, we theorize the role of agreements in securing state compliance, and discuss the problem of self-selection in legal settlements. We then document the emergence of this legal instrument and its novel role in the Inter-American System. In the third part, we provide statistical evidence from event history, matching, difference-in-differences, and sensitivity analyses showing that agreements increase the probability of compliance and cut the expected time to compliance by more than half. Agreements thus contribute to a potential solution for the perceived crisis of compliance in the Inter-American Human Rights System. However, the Commission must offer greater transparency to facilitate the evaluation of this mechanism. [ABSTRACT FROM AUTHOR]

In various conflict contexts where the state is unable to maintain security and public order, non-state armed groups (NSAGs) and the United Nations (UN) conduct their activities alongside one another. While previous research has focused on hostile relations between the UN and NSAGs, less attention has been given to collaborative interactions. This paper aims to address this research gap by formulating a novel conceptual typology of NSAG–UN interactions in the context of a peace operation. The typological framework comprises two-dimensions: firstly, the thematic field of interaction including human rights, humanitarian needs and governance, security, and political processes and, secondly, the nature of interaction ranging from confrontation to cooperation. Based on the typology, interaction activities between the UN and NSAGs in two peacekeeping operations—the UN Operation in Côte d'Ivoire (UNOCI) and the UN Multidimensional Integrated Stabilization Mission in Mali (MINUSMA)—are systematically documented and described. While both cases show confrontation in the security field, UNOCI also commonly cooperated with NSAGs on security-related issues; MINUSMA instead cooperated with NSAGs primarily regarding the political process. The analysis further proposes factors that may explain such variation, including institutional arrangements and NSAG characteristics. The conceptual framework presented in this paper is crucial in advancing knowledge about an empirical phenomenon that we know little about and that has important implications for different forms of "local" engagement in peace operations and the effectiveness of UN policies and practices. [ABSTRACT FROM AUTHOR]

This paper analyses the case of Higgs v Farmor's School, a decision of the Employment Appeal Tribunal concerning unlawful discrimination on the basis of the manifestation of protected philosophical beliefs. It discusses the relationship between human rights standards and discrimination law standards in the interpretation of direct discrimination on grounds of religion or belief. While this decision goes a long way towards providing guidance on how this interaction is to be parsed out in the context of discrimination law, it nevertheless leaves certain important questions open. Finally, the paper argues that much of the discussion of proportionality around the censorship of protected belief manifestation is misconstrued. It is commonly accepted without question that the legitimate aim pursued by censorship is the protection of the rights of others. Yet in the cases dealing with manifestation such as this, there is an extremely remote threat to rights, if one exists at all. The expression of views that some take offense to is not a human rights violation. Rather, censorship of such views is better described as aimed at the protection of morals; the enforcement of speech codes or workplace standards in order to maintain a particular ethos or atmosphere of professionalism. There is then an interesting question which arises: would the choice of justification grounded in protecting morals over the rights of others affect the intensity of the proportionality assessment? There is a plausible argument that attempts to justify infringement on the exercise of fundamental rights by reference to a desire to impose a moral code, unconnected to the rights of others, would attach more intensive scrutiny. If this is true, it is incumbent upon courts not to accept at face value that employment speech codes are necessary to protect the rights of others, certainly not without more searching analysis of which rights in particular are claimed to be infringed by a failure to mandate speech. This is of particular salience given that courts have repeatedly stressed that the right to freedom of expression includes the right to say things that are offensive, shocking or even disturbing. [ABSTRACT FROM AUTHOR]

This article depicts a clash between arbitration and international human rights law (IHRL) norms. It discusses the IHRL aspects of cases arbitrated by the Court of Arbitration for Sport (CAS). Procedural and substantive IHRL claims are being increasingly raised before CAS. However, CAS panels seem to be inconsistent in dealing with the issue. This article analyses the jurisprudence of CAS to identify inconsistencies, chaos, and contradictions in its approach to human rights claims. It also offers several factors that may contribute to this contradictory treatment of IHRL claims by CAS panels including the flexible nature of arbitral proceedings, inadequate expertise in IHRL among counsel and arbitrators, and the possibility of favouritism towards sport governing bodies. It concludes that the inconsistencies and contradictions in CAS jurisprudence make it difficult to regard it as a truly effective remedy for violations of human rights and that reforms are needed if human rights claims are to be given due consideration and the mechanism can be viewed as an effective remedy. [ABSTRACT FROM AUTHOR]

Suppose that a defendant's conviction would amount to an interference with their right to peaceful protest, protected by articles 10 and 11 of the European Convention on Human Rights. Is a court then obliged to make a conviction turn on a fact-sensitive proportionality assessment justifying the interference? Drawing on the jurisprudence of the domestic and Strasbourg courts, this article argues that the case law has crystallised into two paradigms that provide distinct answers: the 'justificatory paradigm' in European human rights law and the 'offence-centric' paradigm in domestic law. The article exposes how and why this divergence has developed, what is at stake at the level of constitutional values and how this conflict might be resolved. It is argued that compliance with Strasbourg now depends on the integration of the justificatory paradigm into domestic law. The article imagines how this might be done in a manner sensitive to domestic constitutional values, using the mechanics on offer in the Human Rights Act 1998. [ABSTRACT FROM AUTHOR]

Understanding the capacity of child welfare (CW) organisations to deal with child abuse is complex, and dependent on the specific CW context. Sweden occupies a unique position in trying to balance high demands for CW and protection with a strong family support focus, which carries a risk of overlooking children who need protection. Drawing on an understanding of social service organisations as street-level bureaucracies, this article explores discretion in child abuse cases by examining conditions affecting discretion and strategies for investigating child abuse, including police reporting. Thematic analysis of interviews with Swedish supervising social workers showed that staff's conceptions of the CW system influenced the exercise of discretion, leading to different strategies for dealing with child abuse. This resulted in different practices and potentially unequal access to child protection and support, highlighting the wide margin of discretion. This article concludes that the interplay between knowledge and governance is central to equal child protection. This article contributes to the discussion of discretion in CW organisations by underlining the importance of being particularly vigilant about discretion when both children and parents are considered clients, as the child risks being lost as a subject with individual needs and rights. [ABSTRACT FROM AUTHOR]

The statutory social work role in England and Wales regularly involves assessment and 'best interests' decision making under the Mental Capacity Act (MCA) 2005. Legal frameworks that permit substitute decision making have, however, been challenged as a contravention of the human rights of people with disabilities. This article aims to answer the question: 'Can mental capacity be theorised for social work assessment in England and Wales in a way that is compatible with social work ethics and values?' Findings are that mental capacity is a complex and disputed concept best described using a constructivist 'social model' which situates it as a property of an individual's relationships. Such a model suggests that assessments are a joint endeavour and that the quality of the relationship between assessor and assessed is crucial. The present legal framework disincentivises but does not prevent capacity assessment based on a social model. The existing literature suggests that further research might identify ways in which social work capacity assessment could enhance rather than diminish the autonomy of the people involved. These findings have implications for social work research, education and post qualification training. [ABSTRACT FROM AUTHOR]

The ecosocial work approach incorporates the environment into social justice frameworks. It calls for holistic practices that centre Indigenous and Global South voices, transdisciplinarity, anti-oppressive strategies in micro–macro practice and sustainability. In this article, we argue that the integration of abolitionist theory and practice within ecosocial work—specifically the reduction or elimination of social work from carceral systems that harm the environment and marginalised people—will better equip social workers to meet these goals. To this end, we critically examine three sites of ongoing abolitionist struggle—militaries, prisons and disinvested communities—to demonstrate reimagined strategies for an environmentally just future. Our analysis reveals areas where the ecosocial approach and abolitionism intersect, and how one might inform the other. We conclude by calling for future research to integrate abolitionist ideas into ecosocial work research, education and practice. In integrating environmental justice and abolition, ecosocial work will be better positioned to critique and resist its location in racialised capitalist systems that perpetuate economic, environmental, racial and social injustices. [ABSTRACT FROM AUTHOR]

China provides an extremely interesting contemporary case study for the international social work research community, given its questioning of the pertinence of the international definition of social work and stance in relation to the debates surrounding universalisation, internationalisation and indigenisation. This article begins by examining the evolving identity of Chinese social work, grounded as it is in China's political ideology and socio-cultural values. It then extends the debate on the paradoxical processes of universalisation, internationalisation and indigenisation within the international and Chinese social work discourse in light of the ascendance of Chinese culturalism. Finally, it addresses the impact of these interrelated processes on Chinese social work, as it struggled to adapt to the central government's political control of the developing profession and social project to train 1.45 million social workers by 2020. It argues that, to avoid the Scylla of escaping into tradition (culturalism) and Charybdis of absorption into the West (universalisation), Chinese social work has become a blend of Western and indigenised knowledge still in search of a unique identity. [ABSTRACT FROM AUTHOR]

This article problematises the current understanding of sex and gender in international human rights law, especially as it manifests itself in its treatment of the 'women' category. The problematic nature of the current state of international human rights law in this regard came recently to light in two cases: the majority judgment in the Y v France case of the European Court for Human Rights and the dissenting opinions in the Vicky Hernández case of the Inter-American Court of Human Rights. Arguments and statements emerging from these two authoritative recent sources coming from two arguably progressive jurisdictions exemplify continuing inadequacies of the dominant approach. Through a critical engagement with these arguments, supplemented by the discussion of the broader framework of international human rights law, the article not only points out the precise nature of the existing shortcomings but also formulates strategies for overcoming them. [ABSTRACT FROM AUTHOR]

For the 1.8 billion people who menstruate every month globally, menstruation is not always just synonymous with blood loss. As such, many also experience premenstrual conditions such as dysmenorrhea (period pain), limited access to health care and/or menstrual stigma. Yet, so far, laws have mostly focused on menstrual hygiene management (MHM), particularly menstrual products provision. Despite MHM's success, scholars have criticized its narrow focus on products at the expense of a more comprehensive definition of menstrual health, which recognises the menstrual cycle, and includes menarche and menopause. Meanwhile, global institutions have been shifting their focus from menstrual hygiene to menstrual health , and have framed the latter as a health and human rights issue. However, so far, the Committee on Economic Social and Cultural Rights and the Special Rapporteur on the Right to Health have mostly remained silent on the topic of menstrual health. The article argues that these mechanisms should conceptualize a right to menstrual health, which promotes menstruators' rights to health literacy, agency, participation, culture and increased scrutiny of the menstrual products industry. [ABSTRACT FROM AUTHOR]

This article analyses the development and the role of the 'principle of rehabilitation' in the European Court of Human Rights' caselaw on prisoner rights. It will be demonstrated that, outside of the context of whole-life sentences, the impact of the principle on the Court's reasoning process has been relatively limited, despite increasing reference by the Court to the growing importance of the principle. Further, that the Court allowing the pursuit of rehabilitation to be used as justification for interferences with other Convention rights within its caselaw undermines the link made by the Court between rehabilitation and human dignity. Finally, it is argued that a conception of rehabilitation that is underpinned by human dignity requires recognition of a positive duty on states to provide access to appropriate rehabilitative treatment for all prisoners. [ABSTRACT FROM AUTHOR]

This article reconstructs a Received View of the right to marry in the European Convention on Human Rights and provides its philosophical interpretation. According to the Received View, the right to marry is a right to a legal institution of marriage. Recent case law from the European Court of Human Rights is analysed, with a focus on the protection and recognition of personal relationships under the law. According to the Fedotova case, the rights pertaining to the protection of conjugal relationships stem from the right to family life. The problem of non-distinctiveness of the right to marry is being discussed. If substantial rights protecting conjugal couples stem from the right to family life, then the right to marry does not offer any additional protection for the couple. The Received View addresses this issue. However, it is politically and morally unjust. [ABSTRACT FROM AUTHOR]

Earth system science indicates the existence of planetary boundaries. Several of these ecological limits have been transgressed, raising serious human rights concerns. Concurrently, persistent poverty and significant economic disparities continue to challenge societies and human rights law and scholarship. How to reform economies to respect planetary boundaries and at the same time address deprivation and socio-economic inequalities is the subject of a rich 'degrowth' literature. Surprisingly, this literature received minimal attention from human rights scholarship. Building upon Raworth's influential concept of Doughnut Economics, this paper aims to bridge this gap by investigating whether human rights can encompass ecological limits (outer circle of the doughnut) and how these limits relate to social priorities embodied in human rights law (inner circle of the doughnut). To do so, the paper is structured along two sub-sections. The first section examines the relevance of core planetary boundaries, particularly biosphere integrity and climate change, within the context of human rights law. In the second section, the paper addresses the relationship between the inner and outer circle of doughnut economics from a human rights perspective. Drawing on critical literature, the article problematizes the 'growth paradigm' in human rights practice but also offers alternative readings. In this final part of the article, the author demonstrates how central doctrines of ESC rights, such as progressive realization and non-retrogression, could be interpreted in a way agnostic of economic growth. [ABSTRACT FROM AUTHOR]