Suchergebnisse

The Public International Law and Policy Group (PILPG) advises parties in peace negotiations, on drafting post-conflict constitutions, and assists in prosecuting war criminals. As part of this work, PILPG assists States in establishing and implementing electoral systems that meet international standards for democratic elections, and undertakes election monitoring. Free and fair elections are crucial for the legitimacy of democratic States and are protected by human rights law. The present article focuses on the issue of the franchise and on the restrictions permitted under the European Convention on Human Rights (ECHR). Specifically, this article addresses franchise restrictions on non-resident citizens across ECHR member States. Setting out the protections for the franchise in Article 3 of Protocol No. 1 ECHR, this article analyses the permissible limitations on those rights according to the jurisprudence of the European Court of Human Rights (ECtHR). The article presents a comparative analysis of other voting rights cases, such as the limitations on prisoners' franchise. After considering whether residency-based limitations pursue legitimate and proportionate aims, it questions whether blanket restrictions disenfranchising non-resident citizens should be permissible today. The article concludes by advocating the importance of an inclusive franchise for the legitimacy of democratic systems as well as the protection of individual rights, and inviting the ECtHR to revisit its jurisprudence on this topic.

Recent attention has been drawn to the need to theorize heterosexuality (Hollway, 1993; Kitzinger & Wilkinson, 1993; Richardson, 1996; Segal, 1994). While the critical emphasis in gay and lesbian, and queer theory has focused on heterosexuality as a normative/foundational identity, radical feminist theory has targeted heterosexuality for its embeddedness in a gender system that disempowers and subordinates women (Jeffreys, 1990; Kitzinger & Wilkinson, 1994; MacKinnon, 1987). Given the problematic nature of heterosexuality from this vantage point, heterosexuality has at times been painted as a "political anathema" for feminists (Kitzinger & Wilkinson, 1994). However, heterosexual feminists and other women have also begun drawing attention to the ways in which their personal experience of heterosexual sex (heterosex) is not consistent with the picture of heterosexuality offered in feminist systemic critique. In the theoretical literature, a call has gone out for research that examines heterosexuality at the level of experience and practice, in addition to critiquing it as identity and institution (Jackson, 1996). In answer to this, the following study used a feminist emancipatory praxis (Lather, 1991 a) to engage sixteen women in dialogue, via in-depth, open-ended interviews, regarding the operation of power and heterosex in their lives. Emphasis was placed on feeling powerful in sex with men and the potential for subverting heterosexuality. Interview transcripts were subjected to a grounded theory analysis in order to extract common themes and ultimately a theory of power for these women. The resulting themes revealed a split between personal and social power. The notion of personal power was invoked as participants considered their intimate relations with specific men and included such constructs as control, choice, desire, seduction, and pleasure. The theme of social power emerged as participants dealt with the ways in which larger social forces, including men as a group or society as a whole, affect their lives, seeking to impose specific gender roles, sexual scripts and meanings that are disempowering for women. A third theme revealed participants' struggles with the often contradictory worlds of personal and social power, including how their conceptions of power and sex have changed with experience, and the role of resistance in their personal politic. The theory of power that emerged out of these themes was noted for its functional and tactical significance, that is, participants' attempts to retain personal power and resistance alongside the possibility for broader social change. Consideration was given to the rhetorical positions underlying the personal and social power themes, specifically, the reliance on particular discursive constructions of the self that were both essentialist and constructivist. Discussion focused on how feminist theorizing of heterosex might benefit from an acceptance of the contradiction in women's lived experience as a space for critical engagement. The ramifications of this for feminist pedagogy were also considered. Finally, thought was given to the ways in which one could usefully consider heterosex as subvertible through the experiences offered by participants. Attention was drawn to the need for new ways of speaking about and scripting heterosex in ways that better reflect experience at the level of the personal.Dept. of Psychology. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis2000 .F75. Source: Dissertation Abstracts International, Volume: 61-09, Section: B, page: 4965. Adviser: Henry L. Minton. Thesis (Ph.D.)--University of Windsor (Canada), 2000.

Climate change is already being felt around the world, impacting a range of human rights including ultimately the right to life. While a healthy environment is a pre-condition for the enjoyment of rights, the environment is not mentioned in the foundational human rights document – Universal Declaration of Human Rights – nor is it specifically protected in subsequent international human rights treaties. This artificial division is partially a function of the separate development of international human rights and environmental law in the last century, which today needs urgently to be bridged. Progress is slowly being made, such as the 2021 Resolution recognising the right to a healthy environment by the UN Human Rights Council and the various petitions being lodged before human rights bodies. This column discusses the (long overdue) recognition of the human rights/environment nexus and the subsequent human rights turn in climate change litigation. In light of the challenges still faced when addressing the impacts of climate change under human rights law, we engage in (self-)reflection on the professional responsibilities of judges/decision-makers, lawyers, and scholars as active participants in the development of the law as well as the struggle for climate justice. We urge these legal professionals to be aware of the power they have in shaping these developments, and discuss how their role can be performed responsibly.

Climate change is already being felt around the world, impacting a range of human rights including ultimately the right to life. While a healthy environment is a pre-condition for the enjoyment of rights, the environment is not mentioned in the foundational human rights document – Universal Declaration of Human Rights – nor is it specifically protected in subsequent international human rights treaties. This artificial division is partially a function of the separate development of international human rights and environmental law in the last century, which today needs urgently to be bridged. Progress is slowly being made, such as the 2021 Resolution recognising the right to a healthy environment by the UN Human Rights Council and the various petitions being lodged before human rights bodies. This column discusses the (long overdue) recognition of the human rights/environment nexus and the subsequent human rights turn in climate change litigation. In light of the challenges still faced when addressing the impacts of climate change under human rights law, we engage in (self-)reflection on the professional responsibilities of judges/decision-makers, lawyers, and scholars as active participants in the development of the law as well as the struggle for climate justice. We urge these legal professionals to be aware of the power they have in shaping these developments, and discuss how their role can be performed responsibly.

Intersections of law and culture at the International Criminal Court : introduction / Julie Fraser and Brianne McGonigle Leyh -- Now you see it, now you don't : culture at the International Criminal Court / Leigh Swigart -- How to solve a problem like Al Madhi : proposal for a new crime of 'attacks against cultural heritage' / Peta-Louise Bagott -- Cultural heritage destruction and the ICC : lessons from connecting cultural heritage and human rights through a library lens / Vicky Breemen and Kelly Breemen -- Keeping the 'delicate mosaic' together : can the ICC deal with intangible cultural heritage? / Martyna Fałkowska-Clarys and Lily Martinet -- the emergence of gender justice at the ICC / Alison Dundes Renteln -- 'Solemnly declare to tell the truth' : internationalising the solemn undertaking before the International Criminal Court / Joshua Isaac Bishay -- Spellbound at the International Criminal Court : the intersection of spirituality and international criminal law / Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá -- 'Questioned by the Court' : the role of judges and sociocultural aspects of testimonial evidence in Katanga / Suzanne Schot -- The power of culture and judicial decision-making at the International Criminal Court / Gregor Maučec -- Doing 'justice' at the Office of the Prosecutor : portrayals of a cultural value / Cale Davis -- In defence of culture : should defences based on culture apply at the ICC? /Noelle Higgins --Introducing aspects of transformative justice to the International Criminal Court through plea negotiation /Phoebe Oyugi and Owiso Owiso --'Culture' and sentencing at the International Criminal Court /Michelle Coleman --A delicate mosaic : the ICC, culture and victims /Fiona McKay --The quest for cultural legitimacy at the ICC : a third-way approach as an appropriate response to African cultural paradigms /Ingrid Roestenburg-Morgan --'We will let it die on its own' : culture, ideology and power at play between the United States and the International Criminal Court /Brianne McGonigle Leyh --Asia's reluctance to join the ICC : who is jilted by whom? /Nikhil Narayan --Exploring legal compatibilities and pursuing cultural legitimacy : Islamic law and the ICC /Julie Fraser --Afterword : culture, genuine and juridical /Mark Goodale.