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
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
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
The thesis (working title: 'Indigenous Education and Heritage Revitalization') focuses on the (possible) roles of tangible and intangible cultural heritage in the education of indigenous peoples in... Show moreThe thesis (working title: 'Indigenous Education and Heritage Revitalization') focuses on the (possible) roles of tangible and intangible cultural heritage in the education of indigenous peoples in Taiwan, against the background of worldwide discussions and studies of the possibilities to create and implement adequate and desired forms of bilingual and intercultural education in indigenous communities (as recommended by UNESCO and reaffirmed in the U.N. Declaration of the Rights of Indigenous Peoples, adopted in 2007). The research is not simply focused on the indigenous peoples in Taiwan, but situates their experiences in a global perspective (ranging from the case of the Maori in New Zealand to that of the Frisians in the Netherlands and the First Nations in Canada). The idea of the author is to create an important value of this dissertation is that it not only explores the theoretical and practical dimensions of indigenous education models, but also examines the issues of identity and proposes possibilities for national mainstream society to understand, acknowledge, and appreciate cultural diversity. Show less
Bedachtzame revolutionairen (Cautious revolutionaries) analyzes debates among the opposition in Czechoslovakia and the German Democratic Republic (GDR) during the last fifteen years of communist... Show moreBedachtzame revolutionairen (Cautious revolutionaries) analyzes debates among the opposition in Czechoslovakia and the German Democratic Republic (GDR) during the last fifteen years of communist rule. It compares how during the 1970s and 1980s the East German and Czech opposition movements debated several issues (the relevance of socialism, the tension between peace and human rights, cultural criticism and environmental activism), how they reacted to the Soviet reforms that from 1985 onwards changed the political landscape in Central and Eastern Europe, and, finally, how they acted during the breakdown of the communist regimes in 1989. Contrary to what current historiography suggests, this book argues that reform socialism, cultural criticism and a critical attitude towards Western consumer society and party democracy were not themes unique for the East German opposition. However, the division of Germany and the permanent flow of emigration to the West did have a decisive impact on the social composition and political outlook of the opposition in the GDR, which, unlike the Czechs, almost completely lacked leading intellectuals and was far more optimistic about the prospects of a reformed socialism. Show less
In our modern society we rely on information and communication technology for the spee, efficiency and security of many of our daily transactions and interactions. The use of these technologies... Show moreIn our modern society we rely on information and communication technology for the spee, efficiency and security of many of our daily transactions and interactions. The use of these technologies almost always entails the keeping of electronic records. These are of great interest to law enforcement and intelligence agencies since they can be used to profile and monitor (potential) suspects. While this can enhance the security of our society, it may also form a potential threat to privacy and (individual) liberty.Software agents are intelligent computer programs able to perform tasks without direct human supervision. As such, they have the potential to overcome the information overload. In this thesis the use of software agents for surveillance purposes is examined. The goal of the thesis is to determine wether the legal framework for the protection of privacy and liberty in both the Netherlands and the United States is still adequate in the light of agent-enabled surveillance. In particular, the thesis explores wether the right to privacy is still an adequate means of protecting (individual) liberty in a society where software agents are able to overcome the information overload. Show less
In our modern society we rely on information and communication technology for the speed, efficiency, and security of many of our transactions and interactions. The use of these technologies almost... Show moreIn our modern society we rely on information and communication technology for the speed, efficiency, and security of many of our transactions and interactions. The use of these technologies almost always entails the keeping of electronic records. These are of interest to law enforcement and intelligence agencies since they can be used to profile and monitor (potential) suspects. While this may enhance the security of our society, it may also form a threat to privacy and liberty. Up until now, the sheer amount of data available in the information society has acted as a de facto safeguard for privacy and liberty. However, advances in the science of artificial intelligence, most notably in the area of software agent technology, are quickly removing the information overload. Software agents are intelligent programs able to perform tasks without human supervision. In this thesis the use of agents for surveillance purposes is examined. The goal of the thesis is to determine whether the legal framework for the protection of privacy and liberty in the Netherlands and the United States is still adequate in the light of agent-enabled surveillance. In particular, the thesis explores whether the right to privacy is still an adequate means of protecting liberty. Show less
Human rights are a source of friction between Southeast Asian and European governments. Southeast Asian politicians generally emphasise principles of sovereignty and non-interference in internal... Show moreHuman rights are a source of friction between Southeast Asian and European governments. Southeast Asian politicians generally emphasise principles of sovereignty and non-interference in internal matters, while their European counterparts tend to champion democracy, human rights and good governance beyond their borders. The differences in approach, however, do not seem as daunting today as they once did. Show less
What can international civil society do to further justice for victims and survivors of war crimes and crimes against humanity in cases where perpetrators will never be brought to trial? Is it time... Show moreWhat can international civil society do to further justice for victims and survivors of war crimes and crimes against humanity in cases where perpetrators will never be brought to trial? Is it time to look beyond official state and international organs? Initiatives from civil society can return dignity to survivors, empower ordinary people, educate the public and create lasting records where official justice has been denied. Show less
Yes, according to two landmark decisions of 2006. In January, the High Court of South Korea ordered Dow Chemical and Monsanto, US producers of Agent Orange used during the Vietnam War, to... Show moreYes, according to two landmark decisions of 2006. In January, the High Court of South Korea ordered Dow Chemical and Monsanto, US producers of Agent Orange used during the Vietnam War, to compensate South Korean troops affected by the agents. In June, a French court ordered both the French government and the state railway company SNCF to compensate two families of Jews deported during the Nazi occupation. Will these rulings have any effect on similar cases pending elsewhere? How might they affect law governing the responsibility of non-state actors for crimes under international law? Show less
Beginning in October 2005 a new campaign against Cambodia was launched in the international press. It alleged, as does much news from that country, heavy-handed repression and human rights... Show moreBeginning in October 2005 a new campaign against Cambodia was launched in the international press. It alleged, as does much news from that country, heavy-handed repression and human rights violations by Prime Minister Hun Sen, citing, among other sources, Brad Adams - a prominent figure in the international NGO Human Rights Watch, which like all such self-defined organisations is assumed by the public to be defending the true and the good. Show less
