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Principle and power: The struggle to protect human rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2024-03-20 Theodoor C. van Boven
Professor Theo van Boven sent this piece to the Netherlands Quarterly of Human Rights as part of his reflections on the 75 years anniversary of the UDHR. Professor van Boven is the former Director of the UN Human Rights Secretariat between 1977 and 1982, about which the film “The Subversives” was made in 2019. He was a Dutch representative on the UN Commission on Human Rights, an expert member of the
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Recent Publications March 2024 Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2024-03-15
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Contested visions of sustainable development in conflicts over renewable energy, land, and human rights: A case study of Unión Hidalgo, Mexico Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2024-02-01 Lorena Schwab De La O, Peris Jones
The so-called ‘green shift’ poses dilemmas in developing sustainable sources of energy while ensuring the respect and protection of the rights of affected communities. The article seeks to advance understanding of how prevailing conceptualisations of Sustainable Development – as formulated in the 2030 Agenda for Sustainable Development – are constructed and adopted at different scales and are implicated
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Reinterpreting human rights in the climate crisis: Moving beyond economic growth and (un)sustainable development to a future with degrowth Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2024-01-24 Judith Bueno de Mesquita
The UN General Assembly has recently recognised that unsustainable development and climate change ‘constitute some of the most pressing and serious threats to the ability of present and future generations to effectively enjoy all human rights’. International human rights law is evolving to obligate States to tackle climate change, including through mitigation measures. At the same time, economic growth
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How long does the past endure? ‘Continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2023-04-26 Grażyna Baranowska
The concept of ‘continuing violation’ allows reviewing applications concerning effects of violations that started before a treaty came into a force with regard to a state that allegedly committed t...
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The age of subsidiarity? The ECtHR’s approach to the admissibility requirement that applicants raise their Convention complaint before domestic courts Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2023-04-20 Lize R. Glas
The Copenhagen Declaration (2018) welcomed European Court of Human Rights (Court) ‘continued strict and consistent’ application of the admissibility criteria, ‘including by requiring applicants to ...
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Age-based triage and human rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2023-03-16 Veronika Bílková
The article provides the first comprehensive assessment of age-based triage from the perspective of human rights. Triage, that is the sorting of patients into categories of priority of treatment, h...
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Human rights and the cost-of-living crisis Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2023-02-27 Aoife Nolan
This column explores the intersection between human rights and the ongoing cost-of-living crisis. It opens with an overview of the crisis before turning to the current global state of affairs’ impa...
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Treaty flexibility unilaterally boosted: Reservations to European social charters Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2023-02-01 Wojciech Burek
Thus far, research into reservations to treaties has often overlooked reservations formulated to both European Social Charters (and its Protocols) and the relevant European Committee of Social Righ...
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A human rights-based, regime interaction approach to climate change and malnutrition: Reforming food systems for human and planetary health Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-11-15 Rosalind Turkie
The modern, global food system is unsustainable for both human and planetary health. The widespread consumption of highly processed foods and use of production systems that negatively affect the en...
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The relationship between international human rights law and international humanitarian law: Taking stock at the end of 2022? Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-11-10 Katharine Fortin
Noting that 2022 marked the 45th anniversary of the Additional Protocols to the 1949 Geneva Conventions – the first treaties that explicitly noted the relationship between international human right...
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The more the better? The complementarity of United Nations Institutions in the fight against torture Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-11-03 Valentina Carraro
When the United Nations Universal Periodic Review was established in 2007, it was stressed that it should complement the work of the United Nations treaty bodies. At the same time, fears were expre...
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Strategic litigation before the European Committee of Social Rights: Fit for purpose? Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-10-12 Nikolaos A. Papadopoulos
This article examines the structural elements of the Collective Complaints Procedure, seen as an avenue of socio-economic rights strategic litigation, that potentially enable or impede NGOs and tra...
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40 Years NQHR, Transfer of Editor-in-Chief, and Going Open Access Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-08-18 Antoine Buyse, Elmin Omičević
This year, 2022, the Netherlands Quarterly of Human Rights is celebrating its 40th anniversary. In this editorial, we will go into that celebratory milestone as well as announce a new editor-in-chief for our Quarterly and inform our readers about our exciting pilot to go open access.
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Treaty tantrums: Past, present and future of a business and human rights treaty Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-08-04 Surya Deva
This column analyses the current process in the UN Human Rights Council to negotiate an international legally binding instrument to regulate, in international human rights law, the activities of tr...
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Public prosecutors and the right to personal liberty: An analysis of the jurisprudence of the UN Human Rights Committee and the European Court of Human Rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-07-25 Laura-Stella Enonchong
This article discusses the approach of the United Nations Human Rights Committee (HRC) and the European Court of Human Rights (ECtHR) to interpreting and applying the right to personal liberty, in ...
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Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-07-18 Aysel Küçüksu
This article marries empirical evidence from the CJEU's asylum practice with the main tenets of Martha Fineman's ‘vulnerability theory’. It uses observations from this union in support of a theoret...
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Picking up the pieces: Transitional justice responses to destruction of tangible cultural heritage Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-07-14 Sinéad Coakley, Pádraig McAuliffe
The intentional destruction of tangible cultural heritage is commonplace in contemporary conflict. Heritage has immense social, symbolic, and spiritual value and its destruction reveals a broader a...
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Human rights in the Olympic Movement: The application of international and European standards to the lex sportiva Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-07-07 Antonio Di Marco
The promotion of the Olympic ideals is strongly correlated with the effective protection of human rights in the sporting context. However, countless practical examples of violations of athletes’ hu...
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Football, dictatorship, and human rights: The 1978 World Cup and solidarity activism in the Netherlands for Argentina Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-07-07 Bram Daanen
This research shows that the 1978 World Cup was a key moment in the evolution of Dutch solidarity with Argentina. Based on both oral and written sources, it reconstructs the development of this sol...
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Human rights overreach? Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-05-24 Anuscheh Farahat, Ingrid Leijten
Current and future challenges are in need of an effective human rights response. In ensuring this, the question can be asked whether there is such a thing as human rights overreach, and if so, what...
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A human right to climate protection – Necessary protection or human rights proliferation? Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-04-12 Verena Kahl
In recent years, climate change has presented itself as a new challenge to human rights dogmatism. The present contribution examines the hurdles caused by interpreting existing regional and interna...
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Human rights and the political: Assessing the allegation of human rights overreach in migration matters Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-04-07 Anuscheh Farahat
Europe's external borders have been the site of intense human rights struggles over the last decade. While States are inventing ever new practices to circumvent their human rights responsibility by not responding to rescue calls or using private actors as proxies for refoulement, human rights activists seek to expand State jurisdiction to effectively hold European governments responsible for human
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Vulnerabilisation: Between mainstreaming and human rights overreach Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-04-05 Viljam Engström, Mikaela Heikkilä, Maija Mustaniemi-Laakso
There is an ongoing process of ‘vulnerabilisation’ of international protection. This process is the outcome of the establishment of special protection regimes within human rights law and of extending and specifying the scope of existing norms. Vulnerabilisation also increasingly takes place through the expansion of the sphere of international actors embedding the protection of vulnerable groups as
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Anti-individual morality in the international human rights system Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-04-04 David McGrogan
This article argues that modern human rights practice is largely imbued with an understanding of morality which is properly described as ‘anti-individual’ in the sense in which Michael Oakeshott used that phrase. In summary, this means that the contemporary human rights movement is informed by a vision of morality as something that is to be imposed on populations from above for their own good, rather
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European case law on migrants’ social and mobility rights: The need for a comparative approach in assessing ‘human rights overreach’ Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-04-04 Lieneke Slingenberg
Social rights (right to social security and social welfare) and mobility rights (right to freedom of movement within the territory) are the only two rights in European human rights law that limit their scope of application to persons lawfully in the territory. Migrants have contested this limitation in two ways: (1) arguing for exceptions to, or for a broad interpretation of, the concept of lawful
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The State, the assailant? Guaranteeing economic and social rights after widespread violence through the Inter-American Court of Human Rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-03-10 Felix E. Torres
The Inter-American Court of Human Rights has traditionally addressed the socio-economic wrongs that result from episodes of widespread violence indirectly, under the lens of civil and political rights abuses. This article provides a historical explanation of this approach and expands on the limitations that follow from it in the Court's jurisprudence. Using empirical data on victims and perpetrators
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The human rights turn in climate change litigation and responsibilities of legal professionals Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-03-07 Julie Fraser, Laura Henderson
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
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Towards a new legal consensus on business and human rights: A 10th anniversary essay Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-02-01 Daniel Augenstein
The article takes stock of developments in domestic and international law concerning the regulation of adverse human rights impacts by global business enterprises, one decade after the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) and the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights (Maastricht Principles)
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Is the African Court on Human and Peoples’ Rights in an Existential Crisis? Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2022-01-13 Martin Faix, Ayyoub Jamali
Employing a sociological perspective on the law, this study explores instances of resistance against the African Court on Human and Peoples’ Rights, the African Union’s continental human rights judicial body. This approach allows us to examine different forms of resistance that might not necessarily be of a legal character, but which may still have profound implications for the Court’s authority, legitimacy
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Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-11-06 David Fennelly, Clíodhna Murphy
The principles of equality and non-discrimination offer potentially valuable tools to challenge discriminatory practices employed by States against non-citizens. However, nationality and immigration-related exceptions are an established feature of non-discrimination laws. Such exceptions raise fundamental questions about the scope of the protection offered by anti-discrimination laws and have the potential
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Beyond the Minimalist Critique: An Assessment of the Right to Education in International Human Rights Law Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-11-06 Ramindu Perera
The minimalist critique of human rights advanced by legal historian Samuel Moyn argues that human rights are ineffective in addressing material inequality because, rather than striving for equality, they focus on ensuring sufficient protection levels. This article analyses the right to education model which international human rights bodies have expanded to demonstrate the overstretched nature of the
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Race and the regulation of international migration. The ongoing impact of colonialism in the case law of The European Court of Human Rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-10-28 Karin de Vries, Thomas Spijkerboer*
In the case law of the European Court of Human Rights (ECtHR) the right of States to control migration is firmly established despite strong indications that the effects of migration control are not racially neutral. In this article we attempt to understand how it is possible that the doctrine of sovereign migration control is not considered to breach the prohibition of racial discrimination. We argue
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Pandemic protests: Creatively using the freedom of assembly during COVID-19 Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-10-09 Antoine Buyse
It is a new truism that the COVID-19 pandemic has exacerbated an already dire human rights situation across the globe. The waves of protest that swept across the world in the year before the pandemic seemed to have been brought to a sudden halt due to lockdowns and restrictive laws. But at the same time, people everywhere have availed themselves of the wide protective scope of the freedom of assembly
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The Potential and Pitfalls of the Vulnerability Concept for Human Rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-09-21 Alexandra Timmer, Moritz Baumgärtel, Louis Kotzé, Lieneke Slingenberg
In the past decade or so, vulnerability has become a fairly prominent concept in human rights law. It has evolved from being an underlying notion to an explicit concept. This column takes stock of vulnerability's relationship to, and possible influence on human rights law, assessing the concept's potential and pitfalls. It focuses on the not altogether unrelated issues of migrants’ social rights and
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Reassessing the framework for the protection of civil servant whistleblowers in the European Court of human rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-09-09 Dimitrios Kagiaros
The European Court of Human Rights (ECtHR or Court) has included civil servant whistleblowers in the protective ambit of Article 10 of the European Convention on Human Rights. The article argues that the Court should revisit its approach to proportionality in such cases. When determining whether a restriction to a civil servant whistleblower's free speech was necessary in a democratic society, the
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NQHR September 2021 Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-09-03 Antoine Buyse
Just like changing the guard at the entrance of important buildings, academic journals like the Netherlands Quarterly of Human Rights also regularly change their inner workings. The person on which a journal like ours relies the very most, is the managing editor – a central node keeping the flow and publication of articles going and coordinating between all the players that make up the success of a
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The right of minority-refugees to preserve their cultural identity: An intersectional analysis Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-08-23 Stephanie Eleanor Berry, Isilay Taban
While UN treaty bodies have sought to address forms of oppression resulting from the intersection of gender, race and/or disability through their practice, they rarely recognise the experience of groups at the intersection of other social categories. This article uses the lens of intersectionality to analyse the practice of UN treaty bodies in relation to the intersection of minority and refugee status
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Licensed to kill…discourse? agents provocateurs and a purposive right to freedom of expression Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-08-03 Katie Pentney
Undercover police operations have emerged from the shadows and into the spotlight in the United Kingdom as a result of a public inquiry into undercover policing and the enactment of the Covert Human Intelligence Sources (Criminal Conduct) Act. The inquiry has revealed troubling details about the ways intelligence and police services have wielded their powers to infiltrate and undermine political groups
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Never again? The role of the global network of R2P focal points in preventing atrocity crimes Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-06-10 Martin Mennecke
The Nuremberg judgement famously held that crimes against international law are committed by men, not by abstract entities – but who, then, is to prevent these crimes? In 2005, all UN Member States agreed that it was their responsibility to protect populations against atrocity crimes (short R2P). In 2010, the idea was born to appoint senior government officials to act as individual R2P Focal Points
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Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-05-18 Matthieu Niederhauser
The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation
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Inside the Human Rights Ministry of Burkina Faso: How professionalised civil servants shape governmental human rights focal points Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-05-18 Sébastien Lorion
The human rights professionalisation of civil servants has emerged as a core dimension of governmental human rights focal points (GHRFPs), notably in the 2016 OHCHR’s guide on ‘national mechanisms for reporting and follow-up’. The article investigates this dimension and warns that the role of civil servants is indeed pivotal to human rights compliance strategies but plays out in complex ways. Reflecting
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Government human rights focal points: Lessons learned from focal points under the Convention on the Rights of Persons with Disabilities Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-05-11 Colin Caughey
The exploration for tools and approaches that will make the UN human rights treaty system more impactful has been ongoing for over thirty years. The UN Convention on the Rights of persons with Disabilities continues to represent the most innovative approach to effecting human rights implementation at the domestic level, through placing obligations on States to designate a Disability Focal Point within
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Beyond gender equality? Anti-gender campaigns and the erosion of human rights and democracy Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-03-05 Lorena Sosa
Although resistance to the incorporation of ‘gender’ in human rights law and policies is not new, since 2013 anti-gender campaigns have articulated as movements and increased their visibility. More recently, the transnational dimension of the anti-gender offensive has become visible as a challenge to human rights standards, including the anti-violence against women project, and a process of democratic
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Economic, social and cultural rights and their dependence on the economic growth paradigm: Evidence from the ICESCR system Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-02-18 Matthias Petel, Norman Vander Putten
In light of the expanding critical academic literature on the social and ecological limits to a growth-based paradigm, this article investigates the ties between economic, social and cultural rights (ESC rights) and economic growth in the case law of the Committee on Economic, Social and Cultural Rights (CESCR). It shows that the CESCR assumes economic growth to generally improve the realisation of
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Procedural fairness: Between human rights law and social psychology Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-02-16 Cathérine Van de Graaf
Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of
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Closing the cultural rights gap in transitional justice: Developments from Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2021-02-08 Colin Luoma
Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls (the ‘MMIWG Inquiry’) is the latest truth-seeking body to grapple with legacies of violence against indigenous peoples in settler colonial states. While the name, Missing and Murdered, ostensibly limits its scope of application to bodily integrity crimes, the MMIWG Inquiry instead embraced an expansive understanding of violence
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Sim Peter Baehr Lecture: Ensuring human rights for all in the digital age Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-12-01 Nani Jansen Reventlow
Thank you very much for joining us today, in this most unusual year. It is an honour to be delivering this lecture, which is part of a series named in memory of the late Peter Baehr, one of the pioneers of human rights research and activism in the Netherlands. A political scientist, Peter Baehr played an important role at Amnesty International, both in the Netherlands and internationally, and was the
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The notion of ‘a person of unsound mind’ under Article 5 § 1(e) of the European Convention on Human Rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-11-05 Marcin Szwed
This article presents a critical analysis of the case-law of the ECtHR with regards to the interpretation of the notion of ‘a person of unsound mind’ under Article 5 § 1(e) of the Convention. According to the Court, only a person who has been reliably diagnosed with a mental disorder and who poses a danger to himself or others can be legally detained as ‘a person of unsound mind’. However, the notion
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Imperatives of the Present: Black Lives Matter and the politics of memory and memorialization Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-10-30 Brianne McGonigle Leyh
Black Lives Matter is having a profound impact on how individuals and communities view their repressive histories and their present environments. The movement has greatly influenced the questioning of everyday landscapes and the role of official memory in the erection, maintenance, or removal of monuments and memorials. In this column, I shed light on these phenomena, and highlight the tensions that
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The ‘reasonable suspicion’ test of Turkey’s post-coup emergency rule under the European Convention on Human Rights Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-10-22 Emre Turkut, Sabina Garahan
Since the 15 July 2016 failed coup, Turkey has seen the mass arrests and detention of hundreds of thousands of individuals; among them are judges and prosecutors, military personnel, police officers, journalists, lawyers, human rights defenders and opposition politicians who have been deprived of their liberty on an array of terrorism-related charges. While this has raised numerous human rights issues
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“Verticalised” cases before the European Court of Human Rights unravelled: An analysis of their characteristics and the Court’s approach to them Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-10-19 Claire Loven
Based on Article 34 European Convention on Human Rights, individual applications must be directed against one of the Convention States. Originally ‘horizontal’ cases therefore must be ‘verticalised’ in order to be admissible. This means that a private actor who had first brought a procedure against another private actor before the domestic courts, must complain about State (in)action in his application
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Forensic medical reports in asylum cases: The view of the European Court of Human Rights and the Committee against Torture Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-09-01 Marcelle Reneman
National authorities are often reluctant to arrange for a forensic medical examination or to grant important weight to forensic medical reports in asylum cases. They do not (fully) accept that a forensic medical report may change their initial assessment of the credibility of the applicant’s asylum account. They may argue that a physician cannot establish the context (date, location, perpetrator) in
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Exploring the interplay between freedom of assembly and freedom of expression: The case of Russian solo pickets Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-07-30 Polina Malkova, Olga Kudinova
Given the increasing restrictions and rigorous approval procedures for the exercise of freedom of assembly in various parts of the globe, one-person pickets often remain the only available form of voicing one’s opinion. This is the case of Russia, where citizens use solo protests as an opportunity to join together: they can take turns or stand at a distance from one another, forming a ‘group one-person
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Erratum to ‘Human rights referendum: Dissonance between “the will of the people” and fundamental rights?’ Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-07-24
Ignatius Yordan Nugraha, ‘Human rights referendum: Dissonance between “the will of the people” and fundamental rights?’ (2020) 38 NQHR 115. DOI: 10.1177/0924051920923614
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The UN at 75: Human rights and global pandemic Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-07-20 Mark Goodale
This column reflects on the continuing relevance of human rights in the 75th anniversary year of the founding of the United Nations. Despite the background circumstances, which included the catastrophe of a recent world war, ongoing colonial violence, and the dawn of the nuclear age, the new international body adopted the language and ideology of human rights as the moral foundation for the new world
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Making the best interests of the child a substantive human right at the centre of national level expulsion decisions Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-07-14 Jonathan Collinson
The best interests of the child has become an central facet of the jurisprudence of the European Court of Human Rights (ECtHR) in expulsion cases. This article argues that the indirect application of the best interests of the child as an interpretive benchmark for Article 8 ECHR is not the end point of State’s responsibilities under Article 3 UN Convention on the Rights of the Child (UNCRC). This article
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NQHR June 2020 Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-06-11 Antoine Buyse
The Executive Board of the Netherlands Quarterly of Human Rights (NQHR) is proud to inform its readership that three renowned scholars have joined our International Editorial Board, thereby increasing its range of expertise. The Executive Board warmly welcomes to professor Elina Pirjatanniemi, professor dr. Tarlach McGonagle and dr. Chiseche Salome Mibenge.
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The new doctrine on misuse of power under Article 18 ECHR: Is it about the system of contre-pouvoirs within the State after all? Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-06-01 Aikaterini Tsampi
The case-law on Article 18 of the European Convention on Human Rights has been evolving recently in a dramatic fashion. This evolution, which shaped a new doctrine on the misuse of power, focuses on the criminalisation of dissent within a State where undemocratic tendencies arise. The purpose of this article is to highlight these undemocratic tendencies and demonstrate that Article 18 ECHR addresses
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Human rights referendum: Dissonance between ‘the will of the people’ and fundamental rights? Netherlands Quarterly of Human Rights (IF 0.795) Pub Date : 2020-06-01 Ignatius Yordan Nugraha
Referendums and popular initiatives have proliferated in many parts of the world as part of the effort to improve the quality of democracy and enhance citizen participation in policy making. However, even before the surge of populist nationalism in the 2010s, referendums have become a sort of weapon to restrict various rights. Furthermore, the juxtaposition between ‘the will of the people’ and human