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Human rights in international law, state responsibilities and accountability mechanisms: a case study of Iran The International Journal of Human Rights (IF 0.991) Pub Date : 2024-03-12 Bahram Soltani
This research presents a critical theoretical and practical re-examination of the link between human rights' issues and politics at national and international levels. The study of human rights is a...
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From shelter to the streets: the feminine face of homelessness in contemporary democracies The International Journal of Human Rights (IF 0.991) Pub Date : 2024-03-11 Nibedita Bhattacharjee, Saurav Narayan
Homelessness has shattered democracies worldwide. This study uses a doctrinal approach, employing content analysis, especially relational content analysis, to examine the underlying factors and dif...
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Muddy waters: on the problematic political ecology of the Atrato ruling, Colombia The International Journal of Human Rights (IF 0.991) Pub Date : 2024-03-06 John-Andrew McNeish, Jenny Moreno Socha
In this article we consider the problematic political ecology of the 2016 legal ruling on the subject rights of the Atrato River in Colombia. Using the innovative idea of bio-cultural rights, the s...
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Transitional justice at the National Human Rights Commission of Nepal: challenging legitimacy, credibility, and effectiveness The International Journal of Human Rights (IF 0.991) Pub Date : 2024-03-01 Renée Jeffery
In the past three decades, national human rights institutions (NHRIs) have becoming an increasingly common feature of transitional and post-conflict justice processes. As institutions designed to p...
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The after rights of the Citizen of the UK and its Colonies: who is the subject of the rights of the citizen in Britain’s hostile environment? The International Journal of Human Rights (IF 0.991) Pub Date : 2024-02-27 Andrew Schaap
Radical democrats highlight the emancipatory potential of citizenship rights insofar as they enable the enactment of political subjectivity by those who lay claim to them. However, the conjuncture(...
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Beyond legal personhood for the Whanganui River: collaboration and pluralism in implementing the Te Awa Tupua Act The International Journal of Human Rights (IF 0.991) Pub Date : 2024-02-16 Miriama Cribb, Elizabeth Macpherson, Axel Borchgrevink
There is now a large body of scholarly literature on the legal and governance arrangements for the Whanganui River in Aotearoa New Zealand, given the rights of a legal person under Te Awa Tupua (Wh...
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After truth, after shame … after information politics? Rethinking the epistemologies of human rights in the digital-authoritarian conjuncture The International Journal of Human Rights (IF 0.991) Pub Date : 2024-02-14 Josh Bowsher
Since the contemporary, mainstream human rights movement rose to prominence in the late-1970s, both knowing about and doing human rights has been marked by a very particular mode of activism, infor...
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Anticipation under the human right to science and under other social and cultural rights The International Journal of Human Rights (IF 0.991) Pub Date : 2024-02-14 Camila Perruso
This article analyses how the right to science can benefit from the obligations and mechanisms related to anticipation of other, social and cultural rights. It considers how these obligations can b...
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Dispute over the recognition of indigenous peoples in the lawsuit calling for the return of the Ryukyuan remains The International Journal of Human Rights (IF 0.991) Pub Date : 2024-02-08 Yugo Tomonaga
This paper will first review the debate over the definition and recognition of Indigenous peoples with regard to the people of Ryukyu/ Okinawa, focusing on the colonial history, specifically regard...
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Rights of nature and rivers in Ecuador’s Constitutional Court The International Journal of Human Rights (IF 0.991) Pub Date : 2024-02-07 Mihnea Tănăsescu, Elizabeth Macpherson, David Jefferson, Julia Torres Ventura
The article analyses a series of decisions by the Constitutional Court of Ecuador on the rights of nature generally, and the rights of rivers and water bodies specifically. The selected cases are a...
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Neurotechnologies and human rights: restating and reaffirming the multi-layered protection of the person The International Journal of Human Rights (IF 0.991) Pub Date : 2024-01-31 Christoph Bublitz
International human rights institutions and scholars are debating whether established human rights suffice to address challenges raised by neurotechnologies which measure or alter brain activity; U...
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The Ayotzinapa case (Mexico) and the role of the European Parliament as a moral tribune to promote human rights worldwide The International Journal of Human Rights (IF 0.991) Pub Date : 2024-01-17 Mónica Velasco-Pufleau
This paper examines the role of the European Parliament as an international moral tribune for the promotion of human rights through a qualitative case-study design. It focuses on the emblematic Ayo...
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Anti-imperial epistemic justice and re-making rights and justice ‘after rights’ The International Journal of Human Rights (IF 0.991) Pub Date : 2024-01-16 Sumi Madhok
This article focuses on rights politics in most of the world and on knowledge production ‘after rights’. It assembles a few key elements of anti-imperial epistemic justice which it argues is a nece...
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Subsidiarity in the ECHR: an empty promise for local authorities? The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-23 Reto Walther
Member States of the ECHR are complex entities made up of many levels. The subsidiarity principle is grounded in this social reality. However, the ECHR, just like general international law, treats ...
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The trials of judge Garzón and the enforceability of decisions by human rights treaty bodies in Spain The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-21 Ignacio de la Rasilla
In 2021, the UN Human Rights Committee (HRC) held Spain responsible for violations of Articles 14(1), 14(5) and 15 (1) of the ICCPR in the Garzón v Spain case. The purposes of this article are thre...
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Amnesty as a tool in the deradicalisation of Boko Haram terrorists in Nigeria: a threat to national security The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-23 Emelda Undiandeye Ejeh, Ebunoluwa Popoola
Granting amnesty to perpetrators of gross human rights is becoming a re-emerging phenomenon in Africa. Nigeria is currently witnessing unprecedented threats of violent extremism unleashed by terror...
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Protecting vulnerable groups in Europe: highlights from recent case law of the European Court of Human Rights The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-23 Agne Limante
This paper focuses on the recent cases of the European Court of Human Rights (the ECtHR, the Court) in which the Court offered legal protection to vulnerable groups. For this purpose, the paper wil...
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Beyond the turn to human rights: a call for an intersectional climate justice approach The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-21 Irthe J. M. de Jong
Climate litigation against states is increasingly based on international human rights law. As a result, more climate cases are filed at international human rights courts and treaty bodies. Strict s...
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Assessing the International Criminal Court’s response to genocide: a reference to the case of Al-Bashir The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-18 Mohammad Pizuar Hossain
On the 75th anniversary of the Genocide Convention, the role of the International Criminal Court (ICC), as constituted under the Rome Statute, in responding to genocide is worth evaluating. This ar...
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The United Nations Declaration on the rights of peasants and other people working in rural areas: possibilities for the formation of a rural Latin-American historic bloc The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-12 Miguel Rábago Dorbecker
Worsening conditions due to the COVID-19 crisis hit rural and agricultural communities in Latin America hard. Paradoxically, this happened when the specific rights of those communities were recogni...
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Between Scylla and Charybdis: the implications of the human right to science for regulating the harms and benefits of environmental science and technology The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-14 Anna-Maria Hubert
This article explores whether the integration of human rights approaches, in particular, the human right to science in Article 15(1)(b) of the International Covenant of Economic, Social and Cultura...
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Space-making ‘after rights’: carcerality, rights-claims, and the practice of freedom The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-11 Shaimaa Abdelkarim
The paper examines the capacity to act in counter-hegemonic human rights approaches. It concerns non-liberal subjectivities like the incarcerated person that are inconceivable in their action and a...
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What makes transitional justice possible? An analysis of the Spanish case The International Journal of Human Rights (IF 0.991) Pub Date : 2023-12-06 Genís Galceran, Juan Carlos Palacios
The main purpose of this research is to identify the determinants that intervene in the transitional justice choices made in general, and those made in the Spanish case in particular. The construct...
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Resurgent totalitarianism, charismatic dictatorship, and the rise of socio-political extremism in the age of globalisation and multiculturalism: an escalating human rights crisis The International Journal of Human Rights (IF 0.991) Pub Date : 2023-11-23 Md. Intekhab Hossain
Globally, there are certain tendencies in a significant number of regimes today that indicate a shift away from liberal democracy, the rule of law, equality, and justice. This threatens internation...
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After property? The Haitian Revolution, racial capitalism, and the foundation for a universal right to freedom from enslavement The International Journal of Human Rights (IF 0.991) Pub Date : 2023-11-21 Taylor Borowetz
The articulation of a universal right to freedom from enslavement in the 1801 Constitution of Saint-Domingue [which would become Haiti] points both to the potential of the law to depict ambitious i...
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The work of art, beside and beyond rights The International Journal of Human Rights (IF 0.991) Pub Date : 2023-11-21 Lola Frost
How does the work of art mediate the recognitions we give one another in a rights-based order when that order cannot guarantee the rights it promises? What does an account of the open-ended, norm-m...
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On antisemitism and human rights The International Journal of Human Rights (IF 0.991) Pub Date : 2023-11-14 Neve Gordon
The Universal Declaration of Human Rights was drafted, in part, as a response to the horrific antisemitism leading to the extermination of millions of Jews in World War II. Yet, today, organisation...
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Do local authorities take human rights seriously? Lessons from the French case The International Journal of Human Rights (IF 0.991) Pub Date : 2023-11-13 Catherine Le Bris, Pierre-Edouard Weill
The central government has the primary responsibility for the protection of human rights. However, several factors such as decentralisation raise questions about the role of local authorities in th...
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How human rights implementation by local authorities dealing with Traveller evictions could be improved – Exploring strategies through case study analysis in a Belgian municipality The International Journal of Human Rights (IF 0.991) Pub Date : 2023-11-10 Tess Heirwegh
This article aims to situate Traveller evictions within discussions on local authorities and their role in realising human rights. It focuses on the scenario where local authorities choose to merel...
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The right to be, to feel and to exist: Indigenous lawyers and strategic litigation over Indigenous territories in Guatemala The International Journal of Human Rights (IF 0.991) Pub Date : 2023-11-10 Lieselotte Viaene, María Ximena González-Serrano
Indigenous communities around the globe increasingly resort to courts to seek protection for their individual and collective rights. Not only has the use of strategic litigation by Indigenous peopl...
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The Cartagena ‘Spirit’ as a third world human rights alternative to refugee protection: lessons to learn from Brazil’s approach to Venezuelan socio-economic refugee The International Journal of Human Rights (IF 0.991) Pub Date : 2023-11-06 Heloisa Pinheiro de Castro Simão
Even though inter-state forced displacement is heavily concentrated in the Third World and predominantly constituted of massive migration flows linked to objective and structural socio-economic fac...
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Anticipatory co-governance for human rights to sciences across knowledge systems The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-31 Rosemary Hill
The interface between Indigenous and Western knowledge systems highlights the existence of diverse sciences, each with their own history, contexts and processes for validation, with relevance to th...
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Look before you leap: states’ prevention and anticipation duties under the right to science The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-23 Yvonne Donders, Monika Plozza
States have under the right to science an obligation to prevent or mitigate harm of scientific progress and its applications. This obligation is derived from the right to be protected against the h...
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Anticipatory duties under the human right to science and international biomedical law The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-23 Rumiana Yotova
This paper assesses the interplay between international human rights law and international biomedical law as two specialised regimes within international law. The focus lies specifically on the ant...
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Refusing the present to affirm the unknown future: after LGBTIQ rights in global queer politics The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-18 Kay Lalor
This paper draws upon recent developments in international LGBTIQ rights law and activism to show how time and temporality are central to the growing international recognition of (and backlash to) ...
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Anticipation and diplomacy (with)in science: activating the right to science for science diplomacy The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-18 Helle Porsdam, Sebastian Porsdam Mann
How can scientists assist society and contribute to international policymaking – and just as crucially, how can society engage with and shape science? What will it take to make modern science diplo...
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Anticipation under the human right to science (HRS): sketching the public institutional framework. The example of scientific responses to the appearance of SARS-CoV-2 The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-17 Amrei Müller
This contribution sketches the domestic and international institutional framework that states shall set up to implement their anticipation duties flowing from the HRS and, at the same time, enable ...
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Codifying the human right to science The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-13 William A. Schabas
The human right to science is set out in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The two texts, which were adopted consecut...
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Anticipation under the human right to science: concepts, stakes and specificities The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-10 Samantha Besson
Recent years have seen the emergence of dual-use technologies and, more generally, of scientific practices that are potentially beneficial to humanity, but that may also have an irreversible impact...
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Evolving rights to (and of) water in Chile: a case for relationship-based water law and governance The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-10 Elizabeth Macpherson, Cristy Clark, Pía Weber Salazar, Natalie Baird, Afshin Akhtar-Khavari, Edward Challies
Theoretical debates about water law have long been characterised by a tension between notions of water as a human right and as a commodity, alongside developing attention to resistance by Indigenou...
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The right to protest The International Journal of Human Rights (IF 0.991) Pub Date : 2023-10-02 Illan rua Wall
The slogan ‘defend the right to protest’ has proved popular in recent years, connecting a wide variety of organisations, activists and institutional actors. But beneath this apparent agreement of l...
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‘After rights’ is friendship: on abandonment, obligation and the stranger The International Journal of Human Rights (IF 0.991) Pub Date : 2023-09-13 Bal Sokhi-Bulley
ABSTRACT This article presupposes that legal rights cannot remedy the ethical problem of abandonment. It questions how we might live better together as/ with abandoned subjects of the postcolonial state through examining the Shamima Begum case and deprivation of citizenship. Can we imagine a way of life ‘after rights', that translates into a right not to be abandoned for the racialised, maimed subject
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The ‘Human Right to Science’ qua right to participate in science The International Journal of Human Rights (IF 0.991) Pub Date : 2023-09-06 Samantha Besson
ABSTRACT In 1948, Article 27(1) UDHR declared the right ‘to share in scientific advancement and its benefits’. Since 1966, the right has also been guaranteed by Article 15(1)(b) ICESCR as the right to ‘enjoy the benefits of scientific progress and its applications’. This equivocation on the right’s name reveals a disagreement about the object of that right, i.e. (actively) participating in the scientific
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Reason enough to hope? The citational practices and disorienting subjects that make menstruation a matter of human rights The International Journal of Human Rights (IF 0.991) Pub Date : 2023-09-05 Karen Zivi
ABSTRACT Calls to think or embrace an ‘after’ to rights, particularly ones that suggest adopting alternative ways of thinking or acting politically, often do so because of frustration with the liberal dimensions of rights. In this paper, I draw insights from theories of performativity and feminist phenomenology to show that rights claiming remains a site of contestation over key elements of the liberal
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Nông dân being wronged: fighting for the world in a place The International Journal of Human Rights (IF 0.991) Pub Date : 2023-08-30 Quỳnh N. Phạm
ABSTRACT In this article, I attend to the politics of world making in subaltern struggles against agrarian displacement by listening closely to Vietnamese villagers’ refusal to be displaced. I argue that rendering these struggles intelligible through the prevalent framework of rights obscures the ontological violence and stakes involved. It is crucial to be vigilant of not only the limitations of rights’
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Revelation without reparation: evaluating the Oklahoma commission to study the Tulsa Race Riot of 1921 The International Journal of Human Rights (IF 0.991) Pub Date : 2023-08-30 Bryan H. Jones
For decades, a White narrative of self-defence against a Black uprising suppressed the truth of the 1921 Tulsa (Oklahoma) race massacre and blocked reparations to survivors. In 2001, the Oklahoma C...
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Mapping Arabic human rights discourse: a thematic review The International Journal of Human Rights (IF 0.991) Pub Date : 2023-08-29 Mohammed Almahfali, Mark LeVine, Abdulghani Muthanna
The Arab world faces serious challenges in the protection of human rights. Merely criticising government policies towards human rights has long meant risking one’s freedom, if not life. Yet despite...
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Reaching the limit: access to remedy through nonjudicial mechanisms for victims of business-related human rights abuses The International Journal of Human Rights (IF 0.991) Pub Date : 2023-08-25 Kari Otteburn
Due to barriers to remedy through national and international legal fora, nonjudicial mechanisms (NJMs) are very often the only options for victims of transnational business-related human rights abu...
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After choice, after justice?: race, reproduction, and the uncertain futures of feminist political desire The International Journal of Human Rights (IF 0.991) Pub Date : 2023-08-04 Samantha Pinto
ABSTRACT This essay engages contemporary narratives of black maternal ambivalence to unsettle residual attachments to choice within the frame of reproductive justice. The contemporary fiction of Brit Bennett’s The Mothers and Tayari Jones’s An American Marriage, as well as Black feminist work on Assisted Reproductive Technologies, reconsider the difficult ways that race and ‘choice’ have been in tension
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Closing the circle of implementation: the sustainable development goals, universal periodic review, and the rights-based approach to development The International Journal of Human Rights (IF 0.991) Pub Date : 2023-08-01 Joel E. Oestreich
The Universal Periodic Review has given UN development agencies an opportunity to further reframe their work as rights-promotion. The UPR consists of regular reviews of state reports on their human...
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A response to decentralised governance of human rights: a Children's Rights Approach in Wales The International Journal of Human Rights (IF 0.991) Pub Date : 2023-07-24 Rhian Croke, Simon Hoffman
ABSTRACT The dominant arrangement for governance in many States which are party to international human rights treaties is decentralisation. This puts implementation of human rights in the hands of institutions which are geographically closer to intended beneficiaries. Decentralisation to different levels of government introduces complexity, risk and opportunity to the governance of human rights. In
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In the break (of rights and representation): sociality beyond the non/human subject The International Journal of Human Rights (IF 0.991) Pub Date : 2023-07-12 Marie Petersmann
ABSTRACT Nonhuman interests are today routinely articulated in a register of ‘rights’. ‘Rights of nature’ and ‘animal rights’ have expanded the vernacular of liberal rights beyond the human subject, thereby arguably entering the realm of ‘post-human rights’. For such rights to be enforced, however, they must be recognised within a legal order and mediated by human subjects speaking on behalf of nonhuman
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The interior castle of conscience vs. new human rights in the age of neuroscience and neurotechnology The International Journal of Human Rights (IF 0.991) Pub Date : 2023-07-13 Oktawian Nawrot, Piotr Szudejko, Valeri Vachev
In the article ‘Towards new human rights in the age of neuroscience and neurotechnology’, published in 2017, Ienca and Andorno review the current stage of neuroscience and neurotechnology developme...
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Protection of privacy in Bangladesh: issues, challenges and way forward The International Journal of Human Rights (IF 0.991) Pub Date : 2023-07-13 Md. Toriqul Islam
Nowadays, privacy emerges as one of the most desired human rights. It is crucial for the fullest development of the physical and mental growth of human beings. Due to constant progress and subseque...
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Innovating in uncharted terrain: on interpretation and normative legitimacy in the CESCR’s General Comment No. 25 on the right to science The International Journal of Human Rights (IF 0.991) Pub Date : 2023-07-13 Andrew Mazibrada, Monika Plozza, Sebastian Porsdam Mann
Science permeates almost every aspect of society, yet the human right to science remains neglected. In 2020, the Committee on Economic, Social and Cultural Rights published its General Comment No. ...
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After rights, after Man? Sylvia Wynter, sociopoetic struggle and the ‘undared shape’ The International Journal of Human Rights (IF 0.991) Pub Date : 2023-07-06 Louiza Odysseos
ABSTRACT Decolonial and post-colonial critiques have shown how rights naturalise a normatively white, Western bourgeois, and appropriative subject, while negating other forms of being and subjectivity. Given the disquiet around rights and their subject, reimagining the subject of rights calls on us to think ‘after rights?’. Thinking ‘after rights?’, and insisting on the question mark, I argue, entails
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The right to freedom of thought: an interdisciplinary analysis of the UN special rapporteur’s report on freedom of thought The International Journal of Human Rights (IF 0.991) Pub Date : 2023-06-29 Patrick O’Callaghan, Olga Cronin, Brendan D. Kelly, Bethany Shiner, Joel Walmsley, Simon McCarthy-Jones
In 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief presented his ‘Report on Freedom of Thought’ to the United Nations General Assembly. This was the first substantive c...
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At-risk scholars in Europe: ‘academic humanitarianism’ in the name of science ‘here’ as opposed to the risk ‘there’ The International Journal of Human Rights (IF 0.991) Pub Date : 2023-06-26 Betül Yarar
Humanity is vividly witnessing the loss of life, the massive destruction, and human rights violations due to new authoritarian regimes and protracted wars that have intensified in the last few deca...
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The prevalence of identity among religious minorities in different human rights environments The International Journal of Human Rights (IF 0.991) Pub Date : 2023-06-23 Heiko Beyer
This paper investigates the correlations between the human rights situation and religious identity among minorities. It uses an integrated longitudinal dataset of the World Values Survey waves from...
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Forging new habits: critical drugs scholarship as an otherwise to rights The International Journal of Human Rights (IF 0.991) Pub Date : 2023-06-22 Kate Seear, Sean Mulcahy
ABSTRACT Global drug policy is currently dominated by great enthusiasm about human rights, including the idea that rights can generate less punitive approaches to drugs. But if human rights were an effective framework for the prevention of punitive approaches towards drugs, why haven’t they prevented them previously? One possibility is that rights are less reliable for those society considers ‘less