Those who believe – including those who believe divergently and those who disbelieve – can clash in daily life with others who believe or disbelieve differently. They can come into conflict with... Show moreThose who believe – including those who believe divergently and those who disbelieve – can clash in daily life with others who believe or disbelieve differently. They can come into conflict with laws and regulations or with state institutions that disturb, interfere with their lives based on those beliefs. When these conflicts reach the courts, they are adjudicated under the freedom of religion and belief. Sometimes, similar cases lead to different outcomes in different jurisdictions. The notion that judicial interpretation matters for human rights is almost uncontested. This study is interested in the standard interpretations of the freedom of religion and belief by the Supreme Court of Canada, the Constitutional Court of South Africa, and the European Court of Human Rights. From each of these Courts, 15 cases were selected and systematically analyzed to reconstruct the standard interpretations. They have been compared to find similarities and differences, in terms of optimal protection of believers. The study also analyses and compares the standard interpretations from the perspective of Cass Sunstein’s judicial minimalism. The ultimate goal is to find best practices for optimal protection of believers in the judicial interpretation of the freedom of religion and belief and to enable possible judicial borrowing. Show less
The right to be protected against discrimination, which is enshrined in international and national human rights catalogues, pertains to us all as individuals. And this fits the ambition of the... Show moreThe right to be protected against discrimination, which is enshrined in international and national human rights catalogues, pertains to us all as individuals. And this fits the ambition of the modern human rights discourse to protect everyone against the power of public institutions as well as private persons and groups. But in many liberal democracies there are often only some groups protected against discrimination and merely in certain situations. This entails both legal-theoretical and practical dilemmas. In the first place because such provisions transgress the boundaries of legitimate state conduct as provided by our rights. But also because many people who need protection against discrimination will lack it. In addition, there is the risk that old stigmas are enforced or new one’s created. Moreover, such a course of action suggests a hierarchy of suffering wherein the suffering of some has priority over that of others. Last but not least, group-based protection against discrimination might engender a struggle within and between groups for the available assistance. On account of the foregoing, one may recommend that the Dutch hate speech ban, quota laws, and institutional opinions that speak out against discrimination – which are currently group-based – can benefit from a more general approach. Show less
The thesis concerns a theoretical and doctrinal study of the justification of extraterritorial human rights obligations of states. It uses the search and rescue of migrants at sea as a case study... Show moreThe thesis concerns a theoretical and doctrinal study of the justification of extraterritorial human rights obligations of states. It uses the search and rescue of migrants at sea as a case study to explore how power and causal relations inform the justification of relations of duty under human rights law compared to and in light of obligations arising under the international law of the sea. Show less
Labour exploitation of migrants is a serious problem worldwide, also in Europe and in the Netherlands. Since the entry into force of the Palermo Protocol (2000), labour exploitation has been... Show moreLabour exploitation of migrants is a serious problem worldwide, also in Europe and in the Netherlands. Since the entry into force of the Palermo Protocol (2000), labour exploitation has been regarded as a form of the criminal offense of human trafficking. This means that the approach is largely aimed at the most serious forms of exploitation and at criminal prosecution of the perpetrators. The legal position of the victims is subordinate to the criminal proceedings. This study focuses on the rights of migrants to protection against labour exploitation; in the EU and in the Netherlands in particular. Labour exploitation is herein defined as a violation of labour standards laid down in different jurisdictions. Based on an analysis of human rights, criminal law, the right to free movement of persons and migration law for third country nationals, how protection is offered to migrants against labour exploitation. The research identifies the rights that migrants can derive from these four jurisdictions and analyses how access to these rights are facilitated by the state. Due to this combination of aspects, this study contributes to increasing insight into migrant's rights to protection against labour exploitation by the state. Show less
There are very few states in the world, if any, that are in full compliance with human rights norms. Instead, states tend to comply with some articles of a human rights treaty extensively, only up... Show moreThere are very few states in the world, if any, that are in full compliance with human rights norms. Instead, states tend to comply with some articles of a human rights treaty extensively, only up to certain extent with some, and openly violate others. Up to now, we have not been able to unravel these patchworks of compliance. This study presents a political dialogue model to start this process of unraveling. It shows how political decision-makers create patchworks of compliance, as they need to mediate between the mismatching norms of different national and international communities. When successful, such dialogues allow decision-makers to make small improvements in human rights compliance. However, when communities are not sufficiently represented in the dialogue or their norms are being violated, harmful backlash effects against human rights can develop. This study has a mixed-methods approach. It analyzes the implementation of the Convention on the Elimination of all forms of Discrimination Against Women and the International Covenant on Civil and Political Rights in a global quantitative study and two in-depth case studies of Jordan. Show less
Collective identity can be altered by attacking culture’s tangible components (a temple) which are often a manifestation of or a support to their intangible (spiritual practice). That... Show moreCollective identity can be altered by attacking culture’s tangible components (a temple) which are often a manifestation of or a support to their intangible (spiritual practice). That identity can also be altered by attacking culture’s intangible in isolation (prohibition of spiritual practice). The research determines the extent to which international adjudicatory mechanisms have considered the causes, means and consequences of intentionally attacking culture’s tangible and intangible components. The research then brings their separate practice together. Based on treaty law, culture will be placed in a legal mould. Culture can be anthropical or natural, movable or immovable, secular or religious, tangible or intangible, regardless of terminology (cultural property, cultural heritage, intangible or tangible cultural heritage). Culture will then be placed in a judicial mould, in order to consider how natural and legal persons can invoke cultural damage in judicial proceedings. Culture is a legacy-oriented triptych made of local, national and international panels. While each panel makes sense in isolation, they are best understood when viewed together. State responsibility and individual criminal responsibility-based jurisdictions have accepted that attacking culture may be both tangible-centred and heritage-centred in terms of typology of damage. They have further recognised that the victims of such attacks can be natural persons as members of the collective or the collective as the sum of natural persons. But the victims can also be legal persons which may participate in judicial proceedings and seek reparations for harm sustained as a result of damage inflicted to their property (a museum’s building as well as its artefacts). Show less
International environmental treaties and soft law instruments stress international cooperation as a fundamental principle in the governance of natural resources shared by two or more states.... Show moreInternational environmental treaties and soft law instruments stress international cooperation as a fundamental principle in the governance of natural resources shared by two or more states. However, tensions between national interests and the common interests of the states sharing natural resources can make it difficult for states to cooperate. Meanwhile, the sustainable management of the resource in question and the human rights of the populations involved can be affected. This dissertation examines principles of international law applicable to the governance of resources that are significant to the world’s population, that have the potential to be a source of conflict, and whose governance presents problematic aspects. The selected principles are sovereignty, community of interests, common concern of humankind, public participation and sustainable development. The first two chapters focus on transboundary freshwater resources, underground and surface waters respectively. Chapter 3 and Chapter 4 focus on the atmosphere, addressing atmospheric degradation and climate change respectively. Chapter 5 focuses on marine resources beyond national jurisdiction or ‘ocean global commons’. Each chapter identifies problems concerning the selected principles and their application to shared resource governance, puts forward original and cogent arguments to address said problems, and suggests ways in which the principles could contribute to the sustainable governance of shared natural resources. Show less
One Health calls for cross-disciplinary collaboration in health policy out of a recognition of interdependency between human and non-human animal health against the backdrop of ecological... Show moreOne Health calls for cross-disciplinary collaboration in health policy out of a recognition of interdependency between human and non-human animal health against the backdrop of ecological processes. As a new perspective on health policy, it lacks sufficient engagement with justice. A moral right to health is proposed as a means to instill justice in One Health thought and practice. This act itself prompts a reevaluation of such a moral right from both an ecological and interspecies perspective. The thesis follows up on the Great Ape Project (GAP) by setting off from human rights as well as highlighting morally relevant similarities shared amongst human and non-human primates, to then question inherent anthropocentrism. The right to health complements the set of basic negative rights defended by GAP. It does so by developing an interest-based theory of moral rights in line with the work of Alasdair Cochrane, albeit (1) critical of his denial of animal freedom, and (2) more elaborate on the right to health. These rights are brought to bear on the various interfaces between human and non-human great apes, using One Health as a framework for integrating apparently disconnected practices, so as to work towards an interspecies health policy. Show less
The dissertation examines the justification and conditions of global citizenship and the relation between global citizenship education and education in general. An applicable concept of... Show moreThe dissertation examines the justification and conditions of global citizenship and the relation between global citizenship education and education in general. An applicable concept of cosmopolitanism is derived from both a historical and conceptual analysis and by means of a comparative method lessons are drawn from (the history of) Afghanistan and the detrimental effects of foreign intervention on the formation of a democratic nation-state. The case for new forms of a cosmopolitan concept of democracy is made, applicable to an interdependent and globalising world. This philosophical analysis is applied to the present-day educational systems of both the Netherlands and Afghanistan. From this a starting point for a proposal towards world citizenship education is derived. In this research the case of the human rights violation of Farkhunda is used as a benchmark for the validity of the discussed theories. Show less
Although human rights have been heralded as the great hope for contemporary pursuits of equality and justice, they are increasingly challenged by present-day globalisation developments. This... Show moreAlthough human rights have been heralded as the great hope for contemporary pursuits of equality and justice, they are increasingly challenged by present-day globalisation developments. This includes the outsourcing of control to private actors and third states as well as the redrawing of membership categories through ‘crimmigration’ strategies. Looking at migration detention and imprisonment, this book examines to what extent human rights can remain of relevance as a protection framework where such globalisation trends occur. It does so by focusing on macro-level developments as well as on two case studies concerning Australia/Nauru and Norway/the Netherlands. Likening human rights to elephants, both being majestic yet critically endangered, the book argues that an interdisciplinary approach to human rights is long-overdue. Based on analysis of globalisation developments and the veracity and resilience of international human rights law instruments, including the ECHR and ICCPR, it presents an innovative multidimensional framework of protection that incorporates not only the value of human rights law, but also that of human rights morality, protest, and discourse. The book therewith positions human rights analysis squarely at the crossroads of law and social science, giving rise to both hope and concern for the future of the human rights project. Show less
Are states allowed to prohibit the importation of products made by children? Can foreign investors claim compensation when their host state raises the minimum wage? And could trade and... Show moreAre states allowed to prohibit the importation of products made by children? Can foreign investors claim compensation when their host state raises the minimum wage? And could trade and investment agreements be used to foster decent work, instead of being mere vehicles for economic liberalization? These questions are at the heart of the debate about the interactions between the international legal regimes for trade, investment and labour. This dissertation examines the ways in which international trade and investment law enables and constrains the ability of states to regulate labour. It looks at the effects on domestic labour law, the legality of trade measures responding to ‘unfair’ conditions in exporting countries, and the challenge of fragmentation between the legal framework of the ILO and labour clauses in trade and investment agreements. In addition to analyzing the interactions between the relevant norms, it explains how linkages between international economic law and labour navigate between two notions: fair competition and fundamental rights. This study is agnostic about which of these objectives ought to shape international law, thus allowing a critical examination of the relevant rules of public international law, as well as legal and economic scholarschip. Show less
This thesis examines the legal responsibility for human rights violations that may occur in the context of border control or return operations coordinated by the EU agency Frontex. Imagine,... Show moreThis thesis examines the legal responsibility for human rights violations that may occur in the context of border control or return operations coordinated by the EU agency Frontex. Imagine, for example, that during a border control operation at sea, a vessel forces a boat carrying migrants back to its place of origin, which may be in violation of the rights of persons on that boat. The operation is hosted by State A, coordinated and financed by Frontex, but the vessel in question is from State B. The contributions by State A, B, and by Frontex to the violation vary in nature and degree. But which contribution leads to legal responsibility? The thesis concludes that direct responsibility typically lies with the host state. In addition, participating states who contribute large assets and Frontex will often incur responsibility together with the host state, predominantly on the basis of their obligations to protect or supervise. However, the study also exposes just how difficult it may be for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU’s external borders. This casts doubts on whether the current legal framework offers them an effective remedy. Show less
Seven decades since its recognition in the preamble to the Constitution of the World Health Organization (1946), the right to health has increasingly attained a prominent position in human rights... Show moreSeven decades since its recognition in the preamble to the Constitution of the World Health Organization (1946), the right to health has increasingly attained a prominent position in human rights law. Nevertheless, worldwide people, especially those most in need, face serious impediments when it comes to the enjoyment of their right to health. Therefore, despite the absence of worldwide consensus as to its meaning and its various aspects, we need to move from the conception and recognition of the right to health to its actual realization, namely beyond the international formulation of the right to health. This requires a better understanding of the State measures required with the aim of bringing the right to health closer to national realities (e.g., economic austerity etc.)and in the daily lives of individuals. Τhis research aims to examine the national implementation of the right to health and particularly the Greek context as it relates to the right to health. For this reason, the main questions that are analyzed: i. What primary standards derive from the right to health on the basis of human rights law? and ii. Is the right to health being (effectively) implemented in Greece (or not)? Show less
Within the framework of social law, the position of temporary agency work has always been a source of some debate. There is an area of tension between the aim for more flexible types of labour on... Show moreWithin the framework of social law, the position of temporary agency work has always been a source of some debate. There is an area of tension between the aim for more flexible types of labour on the one hand and maintaining decent labour relations on the other. For that reason the ILO has engaged in private labour intermediation ever since it was founded. While there was a tendency to forbid, or at least restrict private intermediation in the early years, gradually it became more accepted that, among others, temporary agency work had its merits and that a total ban was useless. In 1997, this culminated in ILO-convention 181, which received wide support. This did not put a stop to the discussion about non-standard types of paid employment. Which types of labour can be considered decent? How do they relate to the human rights? What are the effects of globalisation? At the European level, too, close attention was paid to (for instance, cross-border) temporary agency work. Lastly, the Netherlands itself has it own unique type of public-private regulation. The starting point is the question whether Convention 181 still has value. What are the developments in the social domain with regard to temporary agency work? How do they relate to the various types of flexible labour that are gradually catching up with temporary agency work? The fact that Convention 181 features among the most ratified ILO conventions that have been effected since 1990 makes clear that it is clearly meeting a need. While Convention 181 has met with policy competition from developments such as: decent-isation, human rightification, IFA-isation and Europeanisation, they have not affected its value. Convention 181 advances decent flexibility and fights informal labour and human trafficking. Show less
Consumers have many possibilities to undergo a form of screening to acquire health information via the Internet or otherwise by purchasing health checks, medical check-ups, total body scans and... Show moreConsumers have many possibilities to undergo a form of screening to acquire health information via the Internet or otherwise by purchasing health checks, medical check-ups, total body scans and direct-to-consumer (DTC) genetic tests. More and more providers place screenings on the market before they have been assessed properly. In the Netherlands the Act on population screening ( __Wet op het bevolkingsonderzoek__) sets strict quality criteria for screening. In accordance with this Act a licence is required for offering and performing screening with ionising radiation or for detecting (risk factors of) cancer and untreatable diseases. This system, which aims to protect individuals against health damage and also to ensure patients (rights), wards off __commercial screening__ of the Dutch market. In society this meets with criticism. Individuals increasingly perceive the limited access to screening as an unnecessary restriction of their self-determination. However, the Dutch State has a special responsibility regarding the health of individuals. This thesis focuses on the following central question: __What are the normative criteria for the access to and supply of genetic screening from constitutional and European law perspectives?__ As a corollary the author will explore what this means for the Dutch legal framework regulating genetic screening, particularly DTC genetic tests. Show less
This research offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children’s rights perspective. It examines the ICC provisions and its case... Show moreThis research offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children’s rights perspective. It examines the ICC provisions and its case law, evaluating whether these meet international children’s rights standards, particularly as regards the protection of child victims and witnesses, their participation as victims in ICC proceedings and their role as beneficiaries in reparations. The manuscript proposes recommendations that could be adopted in order to guarantee children’s rights in ICC proceedings. The research is a useful tool for practitioners as well as for academics, both in the area of international criminal law as well as children’s rights. Show less
The thesis analyses international law and practice in relation to terrorism and counter-terrorism in the post 9/11 environment. It finds terrorism to be a term of acute and wide-ranging political... Show moreThe thesis analyses international law and practice in relation to terrorism and counter-terrorism in the post 9/11 environment. It finds terrorism to be a term of acute and wide-ranging political significance yet one which is not defined under generally accepted treaty or customary international law. Despite this, a detailed international legal framework existed before 9/11 but has been supplemented since then, that provide the parameters for state responses to international terrorism. The thesis explores the proliferation of counter-terrorism practice on national, regional and international levels since 9/11 alongside this framework. Many particular responses and the legal issues they give rise to are explored, including Guantanamo and other examples of arbitrary detention, extraordinary renditions, targeted killings, terrorism trials, the erosion of safeguards against torture, sanctions regimes, surveillance pr actices, the prohibition on ‘association’ and the increasingly ‘preventive’ role of criminal law. It is suggested that this practice does not reveal seismic Grotian moments of international legal transformation, gaping holes in international protection or the need for new law. It does however reveal certain characteristics as regards the approach to the legal framework, which include extreme selectivity of application, a spreading ‘exceptionalism,’ distorted ‘purposive’ legal interpretations, excessive secrecy, arbitrariness and a lack of accountability. Evolving international reactions, including judicial reactions, have been and will continue to be critical to the ultimate impact of the ‘war on terror’ on international standards. The study questions the long term implications of the ‘war on terror’ for states and individuals responsible, for third states and for the international rule of law Show less
Since the 1990s, the number of National Human Rights Institutions (NHRIs) has grown rapidly worldwide. NHRIs are widely believed to be able to contribute to the realisation of human rights, by... Show moreSince the 1990s, the number of National Human Rights Institutions (NHRIs) has grown rapidly worldwide. NHRIs are widely believed to be able to contribute to the realisation of human rights, by embedding international norms in domestic structures. Promoting Human Rights: National Human Rights Commissions in Indonesia and Malaysia addresses this issue by a comparative analysis of two NHRIs in Southeast Asia. It traces the development of both organisations since their inception, as well as their performance and effectiveness in three case studies regarding the freedom of religion, the right to a fair trial and the right to adequate housing. It reveals that the manner in which NHRIs address human rights issues differs between categories of rights, and that the promotion of international human rights standards is often hampered by the contestation of these norms, both within and outside of the organisation. At the same time, this study highlights some of the contributions the NHRIs have made to the realisation of human rights in challenging circumstances. The author therefore argues that NHRIs play a crucial role in making human rights an integral part of both the state and society. Show less
Het komt in Nederland gelukkig niet vaak voor maar soms is wetgeving in strijd met mensenrechten. Burgers kunnen deze schending in Nederland bij de rechter aan de orde stellen. Wat kan de rechter... Show moreHet komt in Nederland gelukkig niet vaak voor maar soms is wetgeving in strijd met mensenrechten. Burgers kunnen deze schending in Nederland bij de rechter aan de orde stellen. Wat kan de rechter doen als hij hen gelijk geeft? Over wat voor gereedschap beschikt de Nederlandse rechter? En gebeurt het ook weleens dat de rechter helemaal niets doet? Die vragen staan centraal in dit boek. Het geeft een uitgebreid overzicht van de constitutionele remedies in de gereedschapskist van de rechter. Het gaat vervolgens in op het gebruik van de rechter om weliswaar vast te stellen dat wetgeving in strijd is met mensenrechten, maar daaraan geen gevolgen te verbinden omdat daarmee ‘de grenzen van de rechtsvormende taak van de rechter zouden worden overschreden’. De rechter vindt het oplossen van de mensenrechtenschending dan een zaak van de politiek. Kan hij dat eigenlijk wel doen? Ubi ius ibi remedium: waar recht is, moet toch ook een remedie zijn? En doen rechters in andere landen dat ook? Het boek bevat een analyse van de eisen die het Europese recht stelt, en een rechtsvergelijking met de constitutionele stelsels in Duitsland, het Verenigd Koninkrijk en Canada Show less
The book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945... Show moreThe book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then. A detailed examination of the proceedings of the United Nations Conference on International Organization in San Francisco demonstrates that the drafting of the United Nations Charter was significantly influenced by global moral values, i.e. globally shared beliefs distinguishing right from wrong, good from bad, and the current from a preferable state-of-the-world. A common desire to eradicate war, poverty, inhuman treatment, and to halt the exploitation of peoples, has led to an affirmation of the values of peace and security, social progress and development, human dignity and the self-determination of all peoples. All these values ended up in the UN Charter. The book further analyzes how the United Nations, and especially its General Assembly, has continued to influence the maturing of global morality through contributions to the values-debate, and to the translation of these values into the language of international law, including the law on the use of force, sustainable development, human rights and the right to self-determination. Show less
