Non-Binary gender identity is slowly growing in visibility across the globe. In at least seven Member States of the Council of Europe, some judicial, administrative or legislative bodies have... Show moreNon-Binary gender identity is slowly growing in visibility across the globe. In at least seven Member States of the Council of Europe, some judicial, administrative or legislative bodies have already started organising a form of legal recognition for gender identities outside of the binary through the creation of ”third” gender categories and “X” gender markers. This trend is growing fast and the European Court of Human Rights should pronounce itself soon on a potential positive obligation to organize such recognition in the case of Y v. France (pending). In this context, this research reflects on the foundations and flaws of the organisation of gender registration in the Council of Europe Member States. The main focus in this sense is put on the human rights law framework of the Council of Europe and specifically the right to respect for private life (Article 8 of the European Convention on Human Rights (E.C.H.R.)), the prohibition of inhuman and degrading treatment (Article 3 E.C.H.R.) and the freedom of expression (Article 10 E.C.H.R.) in light of the prohibition of discrimination (Article 14 E.C.H.R.). Furthermore, it reflects critically on the recent legal developments that led to the use of “X” gender markers to highlight their inadequacy. In doing so, it points towards the possible abolition of gender registration – or at the very least its suppression from identity documents. Show less
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
Discrimination is still not sufficiently addressed within liberal democracies. Often only some groups are protected against discrimination and merely in certain situations. This leaves many who... Show moreDiscrimination is still not sufficiently addressed within liberal democracies. Often only some groups are protected against discrimination and merely in certain situations. This leaves many who suffer because of discrimination without recourse. And that is only one of the dilemmas with group-based approaches to the protection against discrimination. So why are these approaches so common? And can we find a viable alternative?In this new book, legal scholar Erwin Dijkstra answers these questions. His analysis is thorough, original, and thought-provoking. This makes Discrimination and the Foundation of Justice indispensable for anyone who seeks a better understanding of discrimination law, the relevant human rights context, and the debate on improving the protection against discrimination. That debate is brought to life through a thoughtful discussion of hotly debated topics like hate speech, affirmative action, and institutions that speak out against discrimination.As discrimination concerns us all, this book was written as a resource for all. It is meant to be read by those studying discrimination law professionally and the broader public alike. Show less
Any analysis of histories and cultures of remembrance, bears testimony to the witnessing of humans who have either lived through the experiences as insiders or who have not lived through the... Show moreAny analysis of histories and cultures of remembrance, bears testimony to the witnessing of humans who have either lived through the experiences as insiders or who have not lived through the experiences of the past as outsiders. The possibility of bearing witness to (remember) the horrors, trauma, and destitution of the human condition and to consider its implications for human rights education is what this anthology of essays is about. The editors, Anne Becker, Ina Ter Avest and Cornelia Roux, portrayed as insiders, cogently accentuate how human rights violations in South Africa and the Netherlands ought to be expiated through teaching and learning to justify and preserve dignity, self-respect, and freedom towards the advancement of affective life and humanity. Hopefully, through education, it is averred that degradation, inhumanity, and irresponsibility will be undermined and eradicated. The possibility that dignity and decency will remain in place and that it ought to be preserved at all costs even beyond the imagination, and rightfully so, seems to be at the centre of the editors’ concern for the cultivation of human rights education. In this way, apartheid, colonialism and other pervasive torments of human and non-human life should be distanced from genuine educational encounters. Show less
After years of violating the basic principles of human rights in the name of counterterrorism, Western democracies have begun to implement extraterritorial safeguards that extend protections under... Show moreAfter years of violating the basic principles of human rights in the name of counterterrorism, Western democracies have begun to implement extraterritorial safeguards that extend protections under the Convention against Torture to foreigners abroad. The case of the UK and the development of the “Principles” in 2019, however, presents a particular puzzle to policy-making research, as it challenges traditional hypotheses regarding the opening of problem windows within the Multiple Streams Framework. Accordingly, the UK presents an interesting case in which a powerful state willingly engaged in self-restraint, despite little electoral pressure to do so and a persistently high terrorist threat. Drawing on theory-building process tracing, this paper addresses this gap using data from semi-structured interviews with British policy experts to present a refined hypothesis, which can also be applied to policy fields of little public interest and processes of foreign policy-making. Show less
Energy is central to both the 2030 Agenda for Sustainable Development and the ParisAgreement and a prerequisite to the realization of human rights for billions of people.Yet the nexus between human... Show moreEnergy is central to both the 2030 Agenda for Sustainable Development and the ParisAgreement and a prerequisite to the realization of human rights for billions of people.Yet the nexus between human rights, climate change and energy remains underdevelopedin international law and practice. This article considers the potential and limitationsof a ‘human rights approach’ to energy to accelerate progress towards universalaccess to modern energy services while addressing climate change and inequalities. Itconsiders three distinct elements of a human rights approach to energy: a discursiveelement; a mainstreaming element; and a litigation element. In exploring the potentialcontributions of each of these elements to a just energy transition, it demonstrateshow a human rights approach to energy can help to address some of the shortcomingsof the Sustainable Development Goals related to energy and climate. 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
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
Foukona, J.; Khan, M.A.A.; Ly, R.; Middleton, C.; Nikku, B.R.; Quan, R.J.D.; ... ; Wewerinke-Singh, M. 2020
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
