Human Rights and Gender Justice
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Blog: Völkerrechtsblog
The post Human Rights and Gender Justice appeared first on Völkerrechtsblog.
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 35, Heft 1, S. 176-200
ISSN: 0275-0392
In: International relations: the journal of the David Davies Memorial Institute of International Studies, Band 32, Heft 3, S. 275-295
ISSN: 1741-2862
Climate change as well as climate policies can have adverse effects on the human rights of certain population groups – and can exacerbate situations of injustice. As it stands today, the human rights regime is not set to sufficiently address these situations of climate injustice. In this article, I suggest a systematization of the normative climate justice literature that can be used as an analytical framework to evaluate current developments in human rights law and policy, and their potential to diminish inter-national, intra-societal and inter-generational climate injustice. I argue that further advancing procedural and substantive human rights obligations and corresponding enforcement mechanisms constitute one important way of establishing climate justice practices. Moreover, I suggest that the normative climate justice literature can be fruitfully used in International Relations to evaluate policy developments at the intersection between climate change and other policy fields.
World Affairs Online
In: Transitional justice
"This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators, or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyses this development assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, the book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, the book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice"--
In: Transitional justice
In: A GlassHouse book
Introduction -- Business and human rights and transitional justice -- Nuremberg and international criminal law -- Regional human rights systems -- Domestic criminal and civil liability -- Truth seeking processes -- Administrative reparation programmes -- Institutional reform -- Conclusion
In: Human rights review: HRR, Band 7, Heft 3, S. 81-95
ISSN: 1524-8879
What do the living owe those who come after them? It is a question nonsensical to some & unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights & environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, & soil. Three issues foundational to such a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as "emergent" goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, & how can environmental human rights be included in justice distributions? References. Adapted from the source document.
In: Filozofija i društvo, Band 30, Heft 4, S. 478-492
ISSN: 2334-8577
In order to show the validity of here proposed conception of social ontology
and its advantages over descriptive theories of social reality, which in the
analysis of the socio-ontological status of human rights find only legally
understood normativity as present in social reality, we will first (1) lay
out Searle?s interpretation of human rights. In the second step, we will (2)
introduce the methodical approach and basic concepts of our
socio-ontological position, and explain the structure of the relationship
between justice, law, morality, social institutions and collective
intentionality. At the end (3) we will show how our theory of social
ontology is better than Searle?s legal positivism in examining the
ontological status of human rights. At the end, (3) we show in what ways
such a theory of social ontology more intuitively and with wider arguments
explains the ontological status of institution of human rights than Searle?s
legal positivism.
Contents -- Chapter 1: Introduction -- Anthropocene Futures -- Transformations in the Socio-cognitive Framing of Climate Change since the 1990s -- Pollution Practices as Practices of Domination -- The State as a Moral-Political Agent of Justice on Climate Change Issues -- Completing 'The Democratic Circle' on Climate Justice -- Notes -- Bibliography -- Chapter 2: The Idea of Climate Justice -- Introduction -- Rawls' Theory of Justice -- Critical Perspectives on Rawls' Law of Peoples -- Benefits, Costs, Rights, and Responsibilities across International Communities
In: Transitional justice
Introduction -- Business and human rights and transitional justice -- Nuremberg and international criminal law -- Regional human rights systems -- Domestic criminal and civil liability -- Truth seeking processes -- Administrative reparation programmes -- Institutional reform -- Conclusion
In: Human rights quarterly, Band 35, Heft 1, S. 176-200
ISSN: 1085-794X
The social psychological theory of procedural justice emphasizes the fundamental importance of procedural fairness judgments in shaping citizens' satisfaction and compliance with the outcome of a legal process and in strengthening the legitimacy of legal institutions. This article explores the benefit of applying procedural justice criteria (participation, neutrality, respect, and trust) in human rights adjudication, with a particular focus on the European Court of Human Rights (ECtHR). It is argued that the ECtHR should take these criteria into account both at the level of its own proceedings and in evaluating how human rights have been dealt with at the domestic level.
In: Dov Jacobs & Luke Moffett, Research handbook on Transitional Justice (Edward Elgar, 2016)
SSRN
Working paper
The origin and justification of human rights, whether anchored in biological theory, natural law theory, or interests theory, as well as their cultural specificity and actual value as international legal instruments are subject to ongoing lively debates. As theoretical and rhetorical discourses challenge and enrich current understanding of the value of human rights and their relevance to democratic governance, they have found their way into public health in recent decades and play today an increasing role in the shaping of health policies, programs and practice. Human rights define the obligations of states to their people and towards each other, create grounds for governmental accountability and inspire recognition of, and action on, factors influencing people's attainment of the highest possible standard of health. This article highlights the evolution that has brought health and human rights together in mutually reinforcing ways. It draws from the experience gained in the global response to HIV/AIDS, summarizes key dimensions of public health and of human rights and suggests a manner in which these dimensions intersect in a framework for analysis and action.
BASE
The origin and justification of human rights, whether anchored in biological theory, natural law theory, or interests theory, as well as their cultural specificity and actual value as international legal instruments are subject to ongoing lively debates. As theoretical and rhetorical discourses challenge and enrich current understanding of the value of human rights and their relevance to democratic governance, they have found their way into public health in recent decades and play today an increasing role in the shaping of health policies, programs and practice. Human rights define the obligations of states to their people and towards each other, create grounds for governmental accountability and inspire recognition of, and action on, factors influencing people's attainment of the highest possible standard of health. This article highlights the evolution that has brought health and human rights together in mutually reinforcing ways. It draws from the experience gained in the global response to HIV/AIDS, summarizes key dimensions of public health and of human rights and suggests a manner in which these dimensions intersect in a framework for analysis and action.
BASE
In: Peace research reviews, Band 14, Heft 4, S. 19
ISSN: 0553-4283