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
When nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the... Show moreWhen nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the overlapping phenomena of shrinking civic space within authoritarian, hybrid, and democratically backsliding regimes, and state backlash against international courts, NGOs navigate two potential levels of state backlash against human rights accountability. Building on the interdisciplinary scholarship on legal mobilization, we develop an integrated framework for explaining how states' two-level (domestic and international) backlash tactics can both promote and deter NGOs' strategic litigation at international human rights courts (IHRCs). States' backlash tactics can influence NGOs' opportunities, capacities, and goals for their human rights advocacy, and thus affect whether and how they pursue strategic litigation at IHRCs. We elucidate the value of this framework through case studies of NGOs' litigation against Tanzania at the African Court on Human and Peoples' Rights, an understudied IHRC. Drawing on an original data set, interviews, and documentation, we process-trace how Tanzania's various backlash tactics influenced whether and how NGOs litigated at the Court. Our framework and analysis show how state backlash against human rights accountability affects NGOs' mobilization at IHRCs and, relatedly, IHRCs' opportunities for influence. 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
The COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down... Show moreThe COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down measures, which resulted in last-minute order cancellations , non-payment of the already purchased resources and already made products, and hence terminations of employment contracts. International organisations and non-governmental organisations have called upon MNEs to take their corporate social responsibility (CSR) and honour the contracts. The aim of this article is to analyse to what extend this moral appeal is also a (quasi-)legal appeal following from international norms on CSR. After an assessment of the main labour law problems caused by the COVID-19 pandemic, an analysis follows on each of the identified problems. The conclusion of the analysis is that MNEs indeed are not only morally obliged to take their responsibility, but also based on the (quasi-)legal international CSR norms. Show less
This Italian version of this article is online at www.articolo29.it/genius, the English version at scholarship.law.duke.edu/djcil/vol24/iss1/4, the Dutch version at hdl.handle.net/1887/24920, and...Show moreThis Italian version of this article is online at www.articolo29.it/genius, the English version at scholarship.law.duke.edu/djcil/vol24/iss1/4, the Dutch version at hdl.handle.net/1887/24920, and the Vietnamese version at hdl.handle.net/1887/24934.The right to establish and develop relationships with other human beings was first articulated — as an aspect of the right to respect for private life — by the European Commission of Human Rights (in 1976). Since then such a right has been recognised in similar words by national and international courts, including the U.S. Supreme Court (Roberts v. U.S. Jaycees), the European Court of Human Rights (Niemietz v. Germany), the Constitutional Court of South Africa (National Coalition for Gay and Lesbian Equality), and the Inter-American Court of Human Rights (Ortega v. Mexico). This lecture traces the origins of this right, linking it to the meaning of the word ‘orientation’ and to the basic psychological need for love, affection and belongingness (Maslow 1943). It proposes to speak of ‘the right to relate’, and argues that this right can be seen as the common theme in all issues of sexual orientation law (ranging from decriminalisation and anti-discrimination, to the recognition of refugees and of same-sex parenting). This right can be used as the common denominator in the comparative study of all those laws in the world that are anti-homosexual, or that are same-sex-friendly. The right to establish (same-sex) relationships implies both a right to come out, and a right to come together. The right to develop (same-sex) relationships is being made operational through legal respect, legal protection, legal recognition, legal formalization, and legal recognition of foreign formalization. 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
