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Classical Islamic marriage and divorce laws focus on both spouses' ability to perform sexually. In fiqh texts, sexual disability is considered a serious medical condition. The fiqh literature lists certain sexual disabilities unique to men, unique to women, or shared by both sexes. Infertility (ʿuqm) is not found in any of these early fiqh lists, although we have proof in various Islamic religious texts that fertility and procreation have always been highly valued in society. In contemporary fatwas (from the Sunni world), the picture appears reversed, as fertility is given priority over sexual performance. In this paper, I illustrate this shift in attitude between the classical legal texts and contemporary fatwas. Then, I offer possible explanations for it. Among the main motivations suggested for the change are feminist Muslim writings, a growing awareness of human rights in the Islamic world, advanced medical technology, and economic factors. [ABSTRACT FROM AUTHOR]

In this paper a framework is proposed for conceptualising 'fullest potential' towards which, according to the Convention on the Rights of the Child (CRC), children's education should be directed (Article 29). Children's development to their fullest potential is linked explicitly to their right to a standard of living adequate for their development (Article 27). The paper argues that focus on 'fullest potential' as a human rights issue exposes a tension between the rights of children, the obligations of parents to their children and the obligations of the state to support all children's development. [ABSTRACT FROM AUTHOR]

Human rights are the cornerstones of modern liberal democracies, but this does not mean that they can be taken for granted. Human rights need the support of the people. But how willing are people to support them? This question points to the problem of the legitimacy of human rights. This research paper focuses on judicial human rights such as freedom from torture, the rights of accused persons and the inviolability of the home. A quantitative, empirical survey was carried out among 2,244 German youth in the age group of 16 years, and this paper explores what attitudes these young German respondents have towards the rights referred to above. The assumption is that several other factors influence attitudes towards judicial rights; the paper considers human dignity, which is a constitutional right in Germany, but also religious beliefs, personality traits and society's socio-political perception. The findings show that only two judicial rights (freedom from torture and the inviolability of the home) are positively valued by the respondents. From all predictors included in the research survey, the two strongest are sex (being female) and a low degree of authoritarianism. The comparison of religious groups shows that Muslims differ strongly from Catholics, Protestants and non-religious youth. [ABSTRACT FROM AUTHOR]

The aim of this paper is to develop educational theoretical concepts for analyses and descriptions of the teaching and learning traditions in children's human rights and to illustrate its diversity. The paper suggests viewing human rights as a subject field for research and education and using curriculum theory -- particularly the concept of curriculum emphases -- as a tool for the analyses. Drawing on the results of a previous international study (Brantefors and Quennerstedt, 2016), four teaching and learning traditions of rights are identified: (1) the participation emphasis; (2) the empowerment emphasis; (3) the awareness of rights emphasis; and (4) the right respecting emphasis. With the curriculum emphases concept it is possible to define the main motives for teaching and learning, and also to see what is emphasised in education. In the last section, the traditions are applied and tested on empirical examples. The conclusion is that the emphases concept is a fruitful analytical instrument that makes the different traditions of the teaching and learning of children's human rights visible. [ABSTRACT FROM AUTHOR]

Foreign fighters have become inextricably linked to perceptions of human rights abuses in the Syria and Iraq wars, particularly since the Islamic State group founded its caliphate. This paper explores the human rights impact of foreign fighters in the conflicts, noting that while foreign fighters have been involved in grave human rights abuses, such behavior has not been uniform and must be differentiated by group and role. In this regard, it is argued that while foreign fighters have overwhelmingly had a negative impact on most human rights indicators, fighters in some groups have positively impacted the Right to Self-Determination. Further, the paper notes that while foreign fighters have been large-scale perpetrators of human rights abuses, one must also consider the propaganda value of such acts because foreign fighter-led violence is more newsworthy globally than local-led violence. [ABSTRACT FROM AUTHOR]

This paper describes the international and European sustainable public procurement framework. It assesses the relevance of the sustainable solutions and describes how the rules and other legal practices promote green, social and economic goals in the public procurement field. The analysis shows that the outlines of the consolidation of sustainable public procurement, at juridic levels, are emerging in Court decisions and orders from regulatory bodies. The changes affect the whole system of public procurement including the policies, rules and practices which influence business strategies. The paper also provides an overview of the transformation introduced by the 2014 European Public Procurement Directives. It focusses on the instruments available to public buyers and public authorities in order to achieve the European strategic goals included in the 2030 Agenda. Their purchasing power should be used to procure goods and services that foster innovation, respect the environment and fight climate change while improving employment, public health and social conditions, the so-called strategic use of public procurement in response to new challenges. It also examines the rules and provisions to implement Green Public Procurement (GPP) and Socially Responsible Public Procurement (SRPP) existing at EU Member States level. Finally, the paper discusses the level of commitment, the business strategies in place to implement, monitor and review sustainable public procurement as well as showcases ongoing organisational good practices and innovative project. [ABSTRACT FROM AUTHOR]

In recent years, the European Union has done much to promote Corporate Social Responsibility (CSR) and to implement the UN Guiding Principles on Business and Human Rights (UNGPs). Through CSR, enterprises can contribute to the EU objectives of sustainable development and a competitive social market economy. For these purposes, the EU has used a smart mix of voluntary and mandatory actions. The paper provides an overview of these actions, starting from the 2001 Green Paper of the Commission. In particular, it will focus on the renewed EU strategy 2011–14 for CSR, which combines horizontal approaches to promote CSR with more specific strategies for individual sectors or policy areas. This document is a significant turning point because it offers a modern understanding of CSR as "the responsibility of enterprises for their impact on society". This new definition implies its possible configuration as a set of rules able to assume legal value and to produce legal effects. Thus, the paper analyzes the most significant actions and instruments adopted by the EU for the implementation of the 2011–14 strategy and the new notion of CSR. This analysis will make it possible to grasp the gradual evolution of the EU approach to CSR towards mandatory instruments, such as directives and regulations. In the most recent period, the EU approach seems more strongly oriented towards the adoption of mandatory due diligence legislation to enforce companies' socially responsible behavior in the post-Covid context. In conclusion, the paper addresses the role played by the EU in supporting and, where necessary, enforcing companies to conduct their business responsibly. [ABSTRACT FROM AUTHOR]

The Presbyterian Church in Taiwan (PCT) is the Protestant denomination with the longest tradition in the country. The central theological position of the church began to change in the late 1960s, and over the following decade the church became increasingly politically active and vocal in its support for human rights, minority rights, and democratization. This paper addresses the issue of human rights as narrated within the PCT, which explained its involvement in human rights with reference to its Christian beliefs. One outcome of the church's endeavors was that the people of Taiwan accepted the struggle initiated by the church and began to ask for free elections. Using the PCT as an example, the paper shows that religious bodies have the potential to be a positive force for change in society and that a Christian perspective on human rights can contribute to secular discourse on the topic. 摘要: 台灣基督長老教會是台灣歷史最為悠久的新教教派。長老教會的神學立場從上世紀 60年代晚期開始發生變化，在此後的幾十年中，教會在人權、少數群體權益和民主 化方面變得尤為政治活躍。本文探討了基督長老教會內部的人權敘事變化，這解釋 了長老教會在基督信仰體系下的人權活動參與。教會努力的結果之一是台灣人民接 受了教會發起的抗爭，開始要求自由選舉。以基督長老教會為例，本文表明宗教 團體有可能成為社會變革的積極力量，基督教對人權的看法可以促進有關該主題的世 俗討論。 [ABSTRACT FROM AUTHOR]

The secular approach to development has treated religion as anti-developmental. However, the history of how development was part of missionary activity, such as the provision of health and educational infrastructure in some African countries, has been widely acknowledged. In this paper, therefore, we contend that the marginalisation of religion in development discourse is a result of a faulty and fractured understanding of religion. We argue that sustainable development, if attainable in contemporary Africa, would require that organised and institutional religions in Africa as well as their religious cosmologies, convictions and orientations feature and remain integral to such processes. With reference to neo-Pentecostal economies in Africa, we intend to discuss why and how religion -- religious cosmologies, ontologies and institutions -- is indispensable in the sustainable development process in Africa. Specifically, keeping in focus the human dimensions of development, we intend to argue that the beliefs, teachings and activities of neo-Pentecostal churches on human salvation, progress and/or transformation, such as prosperity and wealth creation, which has seen them emerge on the socioeconomic scene, indicate the potentials of neo-Pentecostals in particular, and religion in general, to contribute immensely to sustainable development. This, however, is not to gloss over some of the challenges they potentially pose to sustainable development. [ABSTRACT FROM AUTHOR]

The People's Republic of China has been actively promoting its governance styles abroad. In Central Asia, these programs have increased rapidly both in terms of their frequency and scope. This paper documents 59 in-China training programs for Central Asian officials from 2007 to 2020, the majority of which concerned security management and involved Chinese technology and equipment transfers. It is evident that Central Asian governments are adopting surveillance practices that are based on Chinese security ideology. As Central Asian states absorb these governance models, a new set of security and human rights issues is emerging. [ABSTRACT FROM AUTHOR]

It is estimated that between 2008 and 2014, 4.7 million people were displaced due to natural disasters in Bangladesh and that by 2050, one in every seven people in Bangladesh will be displaced by climate change. The subject matter of this paper is based on a theoretical analysis of various existing social and legal barriers relating to climate displacement in Bangladesh. This article critically analyses the social and legal barriers to helping Climate Change Displaced People (cdp) by drawing on existing legal literature such as the Bangladeshi constitution and qualitative data from Bangladesh’s experience with cdp. Ultimately, this article corroborates the lack of a coherent human rights framework for cdp in Bangladesh and suggests international cooperation as a first step towards a functioning regime. [ABSTRACT FROM AUTHOR]

The aim of this study is to discuss the topic of plea negotiations in criminal procedures from a European perspective. The first part of the paper weighs up the advantages and disadvantages of the recent massive spread of negotiated justice in Europe and discusses the best way to reduce the risks involved with this phenomenon. The second part sets out to illustrate how the first EU Directives, adopted under Article 82 TFEU, have contributed to fairer legal institutions based on negotiations and agreements. The final part of the paper casts a glance at the future, and considers whether it would be appropriate for European institutions to adopt minimum standards on negotiated criminal justice. [ABSTRACT FROM AUTHOR]

The phrase "evolving capacities of the child" appears twice in the UNCRC, under articles 5 and 14(2) in the framework of parental guidance. Yet the term "evolving capacities" appears over 80 times in the General Comments of the CRC Committee. This paper examines the Committee's use of "evolving capacities" in its General Comments, suggesting that the term has been treated as an enabling principle, an interpretative principle, and a policy principle within the framework of the UNCRC. A broad principle of evolving capacities has thus emerged under the UNCRC that informs not only the framework of parental guidance, but the whole of the Convention. However, the CRC Committee does not recognise "evolving capacities" as a general principle or otherwise under the UNCRC. This paper examines why this might be, and concludes that more consideration needs to be given to the role of "evolving capacities" as a principle under the UNCRC. [ABSTRACT FROM AUTHOR]

Artistic freedom of expression is guaranteed under the 1995 Constitution of the Republic of Uganda and other international instruments. This paper examines its application in all forms of art including paintings, music, poetry, novels, and plays. The paper examines the different legislation used in the restriction of artistic freedom of expression. It argues that these restrictions are contrary to the guarantees of freedom of expression provided in the Constitution and in various regional and international instruments. Part I of this paper gives a historical background to artistic freedom of expression noting how it has been suppressed since colonial times. Part II examines international protection of artistic freedom of expression while Part III analyses the protection of artistic freedom of expression in Uganda as guaranteed by the Constitution. Part IV analyses the legislation limiting artistic freedom of expression and highlights how these are incompatible with international and local human rights standards. Part V puts forward the case for artistic freedom of expression. Finally, Part VI provides the conclusion. [ABSTRACT FROM AUTHOR]

This paper proposes an index to measure the extent to which governments authorise arms transfers to places in which human rights are violated. Levels of democracy in the purchasing country are used as a proxy for that country's degree of respect for human rights. The paper then applies this index to test whether Robin Cook's 'ethical dimension' in foreign policy was applied to British arms transfers, and concludes that this was indeed the case, although its legacy did not survive to the end of Tony Blair's government. This index should be useful for academics, civil society groups, government departments and international organisations working with human rights or arms transfers. [ABSTRACT FROM AUTHOR]

The UNECE's Aarhus Convention is widely considered as a leading light in the area of environmental democracy. Its Compliance Committee is similarly innovative, being the first multilateral environmental agreement to allow members of the public to trigger its compliance procedure. In February 2004 the first case by a member of the public seeking a review of a State Party's compliance was submitted to the Compliance Committee. Since then a further fifteen cases from members of the public have been received. This paper contains a review of the Compliance Committee's pioneering work over the last two years. The paper begins with a brief background on the Aarhus Convention. It then describes the structure and modus operandi of the Compliance Committee. The cases brought before the Committee to date are then discussed, including where relevant the Committee's findings and recommendations and the Meeting of the Parties' decisions. The paper ends with observations drawn from the Committee's case work thus far. [ABSTRACT FROM AUTHOR]

The article discusses the legal treatment of honour crimes in Iraq and the Iraqi Kurdistan Region. It examines the judicial context in Kurdistan Region, focussing on the criminal justice system and law implementation mechanisms in relation to honourbased violence in general and honour killings in particular. The article draws on several years' research into honour crimes in the Iraqi Kurdistan Region, including an investigation into honour-based violence led by the University of Bristol between 2008-2010. The research involved 131 semi-structured interviews with stakeholders addressing honour crimes, including legal professionals, MPs, prosecutors, police officers, victims, women's rights activists, government officials and members of national and international agencies, including unami and undp. In doing so, the paper draws on original research involving thirty-four in-depth interviews with stakeholders working to address hbv in Kurdish communities in Britain: the interviewees included police officers, prosecutors, staff from government bodies and staff from women's non-governmental organisations. After exploring the role of 'shame' and 'honour' in Kurdish communities, and how value-systems predicated on gendered understandings of these concepts give rise to h b v, the paper offers a number of recommendations for improving policy and practice, especially in relation to police responses. In doing so, the paper draws on original research involving thirty-four indepth interviews with stakeholders working to address h b v in Kurdish communities in Britain: the interviewees included police officers, prosecutors, staff from government bodies and staff from women's non-governmental organisations. After exploring the role of 'shame' and 'honour' in Kurdish communities, and how value-systems predicated on gendered understandings of these concepts give rise to HBV, the paper offers a number of recommendations for improving policy and practice, especially in relation to police responses. The article will look at different sets of legal remedies for honour crimes along with the attempts and the challenges involved in establishing justice for women in the region tom by years of war, internal conflicts and the rise of radical ideologies in the form of political Islam. [ABSTRACT FROM AUTHOR]

This article analyses the increasing use of administrative measures, such as travel bans and control orders, in the counter-terrorism context. On the basis of a review of the use of these measures in three selected states (the United Kingdom, France, and the Netherlands), the paper provides a critical assessment of the use of administrative measures in counter-terrorism. It identifies situations in which the use of administrative measures might be justified, and assesses the impact of the use of these measures on the protection of human rights. In conclusion, the paper recommends that limits and safeguards be established around the use of administrative measures in counter-terrorism. [ABSTRACT FROM AUTHOR]

Establishing human rights benchmarks for a rigorous engagement with informal justice systems and plural legal orders has become a significant concern for the United Nations. Through resolutions of the General Assembly, attention has been drawn to ensuring that legal systems reflect cultural diversity and within the domain, especially of indigenous peoples' rights, importance has been placed on securing and recognizing these distinct legal, socio-political, and cultural institutions because of their role as viable, accessible, affordable, and culturally relevant forms of dispute resolution. The UN Human Rights Committee has also observed that there should be interaction and reconciliation between formal and informal justice systems. This determination to engage with informal justice systems has also extended to the work of UN agencies such as UNDP, UN Women, and UNICEF who recognize that rule of law promotion must be responsive to the realities of countries where reform is to be undertaken, and should be carried out by focusing on developing bottom up approaches to reform. This paper responds to the increasing engagement with informal justice systems and a global audit culture by proposing a framework for evaluation that is reflective of these realities. [ABSTRACT FROM AUTHOR]

The paper discusses the potential impact of the World Health Organisation (WHO)'s recommendations and guidelines on the assessment of the State's right to regulate by investment tribunals, and on the assessment of the State's decision to limit and/or suspend certain human rights for reasons of public interest and in cases of emergency by human rights Courts. [ABSTRACT FROM AUTHOR]

Growing multipolarity in international affairs together with the rise of non-state actors do require us to re-think what constitutes sustainable development, in general, but also how economic growth can be respectful of the environment and individual rights. The People's Republic of China (China) does constitute an important part of that story. This paper aims to analyse China's discourse, laws, and policies on sustainable development at both national and international levels. It situates sustainable development in the broader context of China's current development policy; addresses the ways in which China engages with multilateral and bilateral institutions (i.e. legal instruments) in the area of sustainable development; as well as assesses the scope and limitations of China's focus on sustainable development in the context of Outward Foreign Direct Investment in the framework of the Belt and Road Initiative. [ABSTRACT FROM AUTHOR]

With the legislative proposals presented as the New Pact on Migration and Asylum on 23 September 2020, the European Commission sought to overcome the political impasse in reform efforts of the Common European Asylum System. A key element of this legislative package is the broader use of border procedures. The rationale is that by 'keeping' certain asylum seekers at the borders or in transit zones, return policies would become more effective. This paper undertakes a legal assessment of the proposed border procedures in light of legal obligations arising from the Human Rights to liberty and freedom movement. It argues that the qualification of asylum seekers' entry as unauthorised seemingly pushes into a gap in human rights law, allowing for detention and area-based restrictions. However, a reconstruction of the applicable human rights standards shows that the blanket use of such measures is in fact unlawful, such that the proposal will have to be amended in that regard. [ABSTRACT FROM AUTHOR]

International law has been characterised by two interconnected and yet opposite trends. On the one hand, from World War II onwards, States have demonstrated an increasing commitment to human rights by concluding several multilateral treaties. Along with substantive provisions, these conventions have also established courts and quasi-judicial bodies charged with monitoring compliance by States Parties. Given the impact of these supervising mechanisms, States Parties have often refrained from expressing their consent to the treaty-based petitions systems. On the other hand, far from benefiting from a special legal regime, human rights treaties are governed by the general principles on the law of treaties. As a result, States Parties can enter reservations, understandings and declarations (RUDs) to avoid certain treaty obligations. To this purpose, using an approach based on the statistical data available, this paper analyses these two main "strategies" to which States Parties can resort in order to partially circumvent their obligations, assessing their possible impact vis-à-vis States' compliance rate with human rights provisions. [ABSTRACT FROM AUTHOR]

This paper reviews five selected major decisions by domestic courts of Korea from the second half of 2022 to the first half of 2023 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases. [ABSTRACT FROM AUTHOR]

Rached Ghannouchi and his Islamic movement Ennahda had received a popular mandate to write a post-revolution constitution for Tunisia. However, Ghannouchi preferred national consensus over using his party's political strength. Ennahda relinquished power in 2014 and announced to abandon religious activism in 2016. The paper explains Ghannouchi's politics of Islam, which he now calls, "Muslim Democracy (Ghannouchi, 2016)," and his thoughts on key modern political concepts. Ghannouchi, instead of a Sharia state, advanced the agenda of Dawla Madniya or Civilian State (Zidan, 2014). Ghannouchi, in his pre-uprising writings, has widely discussed 'state,' 'secularism,' 'democracy,' 'civilization,' and fundamental human rights. Ghannouchi sought national consensus by sharing a common viewpoint for Tunisia's transition from dictatorship to a civilian state. The article analyses Ghannouchi's writings and his opinion on key Islamic issues on which he differs from contemporary Islamic groups of Egypt, Pakistan, Iran, or elsewhere. [ABSTRACT FROM AUTHOR]

The paper offers an analysis of the case law of the European Court of Human Rights at the intersection of women's rights and religious freedom. It maps different configurations of gender and religious interests across the corpus of case law, and analyses the Court's intersectionality practice. [ABSTRACT FROM AUTHOR]

This article examines challenges in seeking justice for Conflict-Related Sexual Violence (CRSV) survivors in Kosovo. It analyses the roles and responsibilities of international missions and how deficiencies impact the prosecution and adjudication of CRSV by Kosovo's justice system. A key question is why two decades after the 1998–1999 war in Kosovo survivors of CRSV cannot find justice? The end of the international mandates, the large number of war crime cases transferred, unfinished files, and the necessity for specific expertise in handling the gender-based violence are some of the existing challenges which undermine the prosecution and adjudication of CRSV in Kosovo. The International Criminal Tribunal for the former Yugoslavia (ICTY) established accountability for sexual violence in armed conflicts. This article seeks to scaffold the ICTY experience by developing an accurate and comprehensive understanding of the nature of CRSV and by examining its impact on survivors and victims' alike. This paper then explores how a contexualist interpretation of international and domestic criminal law provisions can prioritise the prosecution of CRSV amid other pressing needs in Kosovo. [ABSTRACT FROM AUTHOR]

There is little consensus between European States regarding the legal treatment of surrogacy in general and of transnational commercial surrogacy in particular. Against this background, the jurisprudence of the European Court of Human Rights (ECtHR) in this matter is of particular significance since it provides some common ground for the legal treatment of transnational commercial surrogacy in Europe. For this reason, the present paper will outline the development of the jurisprudence of the ECtHR on transnational commercial surrogacy, giving particular attention to the Mennesson and Labassee decisions, the Paradiso / Campanelli case, and the 2019 Advisory Opinion. On this basis, it will conclude by underlining the importance of the best interests of the child principle in the jurisprudence of the ECtHR on transnational commercial surrogacy. [ABSTRACT FROM AUTHOR]

Export controls are domestic trade restrictions placed on technologies that have been determined to be important to the national security concerns of a country. In recent years, the policy purpose for maintaining export control regulations have shifted, and how these new export control regulations would interact with new emerging technologies is something that should be analyzed and considered. The passage of the United States (US) Export Control Reform Act (ECRA) of 2018 and the proposed regulatory changes for the European Union's (EU) Council Regulation (EC) No. 428/2009 have shifted the focus of dual-use export controls so that the national security goals of these controls have broadened to include economic security and human rights concerns. This paper argues that the infusion of geoeconomics into US national security considerations and the proposed expansion to include human rights considerations into EU export control regulations are made mutually exclusive of each other and were not made to expand the reach of export controls in a unifying way. Rather, the purpose and structural change to export control regulations serves to create more regulatory barriers on the trade of emerging technology industries that would not only impact the US and the EU, but also their international trading partners. [ABSTRACT FROM AUTHOR]

My aim in this paper is to show that the Iranian constitution, with respect to women's rights, is vague and ambiguous. If one only looks at the text of the constitution and its current interpretation, both cannot be considered as guaranteeing women's rights in the sense of modern human rights. But one can still ask the question: Could it not be the case that this arbitrary character of the constitution can be exploited? This is where the actual role of the people comes in, which is not the topic of this paper but its most important context. [ABSTRACT FROM AUTHOR]

Under the Treaty Establishing the Southern African Development Community (the Treaty) one of the institutions of the Southern African Development Community (SADC) was the Southern African Development Community Tribunal (the Tribunal). The Tribunal was established as the sole judicial organ of SADC. The Tribunal was established as part of the reorganisation of regional integration efforts within Southern Africa. The global atmosphere prevailing at the time the Tribunal was established, together with the lofty statements in the SADC's founding instruments, suggest that there was a regional commitment to the ideals of human rights, rule of law and democracy among SADC member States. The Tribunal's life, however, was short-lived. This paper analyses the prospects and lessons for regional integration within the SADC region from the perspective of the disbanding of the Tribunal and attempts to decipher the implications of the disbanding for regional integration in Southern Africa. [ABSTRACT FROM AUTHOR]

The coronavirus pandemic has significantly restricted children's opportunities for play and socialisation with friends in physical outside spaces. As a consequence, children's participation in educational, play and entertainment activities are now predominantly taking place online. One form of online play which has become immensely popular with a young audience, is esports. However, esports and the platforming of play have been associated with public health concerns and excessive commercialisation. This paper will therefore address these issues through the lens of children's rights, in particular the right to play and the right to protection from exploitation. It will explore whether esports can contribute to the realisation of the right to play and enable other rights such as the right to development, assembly and freedom of expression during COVID-19. [ABSTRACT FROM AUTHOR]

In recent years, the Inter-American Court of Human Rights ("IACrtHR") has developed an innovative jurisprudence that has reaffirmed and further developed the right of indigenous peoples as an integrative part of the corpus juris of the international human rights law ("ihrl"). In fact, through a dynamic, systemic, evolutive and effective interpretation of the American Convention on Human Rights ("achr"), the regional tribunal has expanded the scope of protection of Article 21 achr (Right to Property) in a manner that includes the protection of the special relationship that indigenous peoples have with their traditional lands, territories and natural resources. Based on this interpretative development, the IACrtHR has further expanded the protection of indigenous peoples' communal property to guarantee their right to cultural identity and to a dignified life, that is, to live in accordance with their own cultural traditions and understanding of dignity. In this sense, specific safeguards against unjustified restrictions on the right to property, that could amount to a denial of the cultural survival of indigenous peoples, were jurisprudentially identified by the regional tribunal. This paper critically analyses the legal regime applicable for the protection of the right to traditional communal property of indigenous and tribal peoples in the Americas, as developed by the IACrtHR. In particular, it pays special attention to the methods of interpretation applied by the regional tribunal and the manner that has referred to the corpus juris of international human rights law that specifically protects and guarantees the rights of indigenous peoples. [ABSTRACT FROM AUTHOR]

Sri Lanka's past is stained by human rights violations. The end of the thirty-year old civil war created opportunities and expectations that the post-war period would usher in peace and reconciliation, but this has not materialised. Recently there have been significant and worrying challenges that has altered the environment for reconciliation and accountability leading to a new wave of violence and discrimination against minorities. Some of these broader challenges include excessive militarisation, the reversal of Constitutional safeguards though court rulings, political apathy towards accountability for war-time abuses, exclusionary rhetoric through the intensification of Sinhalization and a shrinking democratic space. These challenges are warning indicators of future conflict and increased human rights violations. The purpose of this paper is to therefore highlight the various abuses, including those legislative frameworks that discriminate against Sri Lanka's minorities and it advocates for actions in accordance with the country's obligations under international human rights law. [ABSTRACT FROM AUTHOR]

This paper explicates the conceptual background, design and first results of the empirical research project " The Rights of the Child and the School Subject of Religious Education " that aims to integrate children's rights into RE as well as into RE teacher education with a design-based research (DBR) approach. It starts by claiming a central significance of human rights for humanity and social cohesion in society and the world and therefore also for school education. It continues to clarify the relationship between human rights values and religious values and argues for a special potential and obligation of RE for promoting human rights and children's rights – which is to date only partly fulfilled in German RE. Building upon this, the sub-project " Human Rights Education for Religious Educators " (HRE4RE) is introduced. This research demonstrates that it is necessary to establish human rights and children's rights education for student teachers of RE, in order for them to be able to adequately integrate children's rights perspectives into school culture as well as into RE for generations to come. [ABSTRACT FROM AUTHOR]

Modern state boundaries often cut through territories currently or formerly occupied by indigenous peoples. In many cases, the unmitigated application of laws on movement across the border can interfere with the rights and way of life of an indigenous group. This paper considers recent legal developments in Canada and Norway concerning cross-border rights and claims. It highlights conflicts that have emerged between constitutional principles that are regarded as fundamental within the state and norms drawn from international law, and in particular the norms set by United Nations Declaration on the Rights of Indigenous Peoples. We focus on the constitutional jurisprudence on cross-border rights of indigenous peoples in Norway, and draw on the Canadian law as a means of demonstrating that the Norwegian approach is unduly restrictive. This, we argue, is primarily due to the preference of the Norwegian court for a paternalistic model of indigenous claims. We contrast this with the recent jurisprudence from the Canadian Supreme Court on cross-border claims, where the reasoning is closer to a model that gives priority to the recognition of indigenous rights, as required under the UN Declaration. The final section returns to Norway, to consider the impact of the European Convention on Human Rights ('ECHR') to Sami rights. The leading case is under review by the European Court of Human Rights, and accordingly the article asks whether the paternalist model will withstand the closer scrutiny against human rights standards. [ABSTRACT FROM AUTHOR]

This paper addresses the boundaries on restrictions of human rights imposed by the proportionality principle, examines the elements of the structure of this principle, and attempts to present the meaning of its elements consistently in terms of the potential for the protection of fundamental rights that are subject to restrictions. The main criticisms of some proportionality tests are considered, as well as ways to minimize the risks associated with the use of proportionality. These theoretical considerations are placed in the context of the jurisprudence of the Russian Constitutional Court, to demonstrate that the Court, instead of consistently applying proportionality tests, often draws generalized conclusions regarding the proportionality (or disproportionality) of restrictions and therefore tends to heighten some of the risks of applying the principle. One can observe some positive changes in the application of the principle, and in further requests for this. Conclusions are formulated concerning the improvement of the Court's activities in terms of a more consistent and structured implementation of the principle of proportionality. [ABSTRACT FROM AUTHOR]

The right to housing is a human right with broad but frequently overlooked implications, particularly in the urban environment. This difficulty is heightened in the context of what is known as the "financialization of housing". Financialization involves the interconnections between global financial markets and housing, and, at the extreme, has prompted a climate in which housing is conceived less as a social good and more as a commodity. The result of the financialization turn is cities with a severe lack of affordable housing, a reality that is now a global phenomenon. This naturally leads to economic exclusions and displacements from cities, but, on a deeper level, also entails major collective consequences for the social and cultural fabric. Financialization thus threatens the right to housing in cities, particularly when the right is examined and understood in its full sense. And yet, cities have a duty to ensure the right to housing even in the face of financialization. Drawing on the jurisprudence of the Committee on Economic, Social and Cultural Rights through its individual communications procedure, the European Court of human Rights, and domestic cases from South Africa and the United States, this paper aims to elucidate this duty of cities in the realm of housing. A substantive rather than purely procedural shape of protection for the right to housing is pushed, which deliberates the connections between housing and the wider societal context, and the implicated concerns of resources, property, and urban community. In present times, our appreciation of home as a necessary nexus of safety, comfort, and productivity has come to the fore, as have our fears around economic insecurity, forcing us to confront and closely interrogate the right to housing. [ABSTRACT FROM AUTHOR]

One of the most current challenges the Sami are facing is the rapid expansion of extractive industries throughout the Arctic region, creating obvious conflicts between states and Sámi people. European High North has already proven to be rich in mineral deposits. Furthermore, it is suggested that the world's largest remaining untapped gas reserves and undeveloped oil reserves are located in the Arctic. Therefore, there is a growing pressure to conduct extractive industrial activities on the territories important for the Sámi, for instance on reindeer herding areas and reindeer migration routes. The expansion of extractive industrial developments causes significant challenges to the enjoyment of their human rights, unless effective procedural measures are in place to mitigate adverse impacts. The aim of this paper is to explore the possibility of integrating human rights impact assessment (HRIA) in existing license granting mechanisms, to examine how particular companies comply with human rights norms applicable to local and indigenous, and to scrutinise the possibility of these and other Northern mining companies to carry out HRIA in the future. The integration of HRIA would ensure that the special status and interests of Sámi people is properly taken into consideration when planning and implementing extractive industrial projects. [ABSTRACT FROM AUTHOR]

This paper builds and tests a model of marriage as an incomplete contract that arises from asymmetric virginity premiums and examines whether this can lead to social inefficiencies. Contrary to the efficient households hypothesis, women cannot prevent being appropriated by men once they enter marriage if they command lower marriage market opportunities upon divorce. Because men cannot or do not commit to compensating women for their lower ex post marriage market opportunities, marriage is an incomplete contract. Men may seek to lower women's ex ante "market wages" in order to induce entry into joint production. Inefficient or abusive marriages are less likely to separate. Equalizing virginity premiums may reduce domestic and non-domestic violence. Female circumcision and prices women pay doctors to appear virgin before marriage in many countries suggest asymmetric virginity premiums continue to exist. Evidence from China and the US suggest asymmetric virginity premiums persist over economic development. Asymmetric virginity premiums are strongly positively correlated with female but not male virginity premiums. I use variation in religious upbringing to help estimate the effect of virginity premiums on gender violence in the US. The OLS relationship between virginity premiums and female reports of forced sex may be biased downwards if shame is associated with abuse and this shame is greater for women with higher virginity premiums. But the OLS relationship for males might not be biased downwards. Asymmetric virginity premiums are positively correlated with men forcing sex on women and paying women for sex. The model complements a growing empirical literature on inefficient households and human rights abuses, visible manifestations of female appropriability across time and space. [ABSTRACT FROM AUTHOR]

This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, ECHR. We analyse all the Courts' judgments on adoptions from care to find out what the Court means by a "family unit" and the "child´s best interest". Our analysis show that the status and respect of the child's de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court's understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities. [ABSTRACT FROM AUTHOR]

Corruption is a threat to human rights as it erodes accountability and violates many international human rights conventions. It also undermines basic principles and values like equality, non-discrimination, human dignity, and social justice - especially in African countries where democratic systems and institutional arrangements are less developed than in most European, Asian and American countries. Corruption occurs in both the public and private sectors and affects human rights by deteriorating institutions and diminishing public trust in government. Corruption impairs the ability of governments to fulfil their obligations and ensure accountability in the implementation and protection of human rights - particularly socio-economic rights pertinent to the delivery of economic and social services. This is because corruption diverts funds into private pockets - impeding delivery of services, and thereby perpetuating inequality, injustice and unfairness. This considered, the focus of this paper is on public procurement corruption. It is argued that by applying a human rightsbased approach to combating public procurement corruption, the violation of human rights - particularly socio-economic rights - can be significantly reduced. Through a human rights-based approach, ordinary people can be empowered to demand transparency, accountability and responsibility from elected representatives and public officials - particularly those involved in public procurement. In the paper, reference is made to selected aspects of the national legal frameworks of five African countries: South Africa, Uganda, Kenya, Nigeria and Botswana. [ABSTRACT FROM AUTHOR]

Foreign terrorist fighters raise security concerns with regard to their actions abroad but also their possible return to their home countries. This paper asks whether tough state responses and new powers such as detention and withdrawal of citizenship raise significant human rights issues. It looks firstly at the different types of rights in play before examining counter-terror legislation from countries such as UK, Australia and Canada. Discourses of the profiles of extremists can be reductionist, ignoring the complexity of the journeys in and out of violent extremism. Does imprisonment does have a deterrent effect? What is the impact on communities of rendering individuals stateless? How does legislation impact on freedom of speech? The paper looks at good practices in deradicalisation from different countries, before outlining three key propositions. First is a much wider public education forum which explains different types of rights and encourages dialogue about what rights take precedence in a security strategy. Second is the forging of long term partnerships with communities, to build trust rather than stigmatise; and third is a greater democratisation of security policy, using two-way information and learning, from sources such as former extremists as well as from the voices of youth. [ABSTRACT FROM AUTHOR]

The expansion of the research into children's rights during the last 20 years has constituted children's rights research as an established and legitimate field of study. The time may now be ripe to reflect on the work undertaken so far and to consider the future of children's rights research. In recent years, self-critical voices have surfaced within the research field, pointing out possible areas of concern. The ambition of this paper is to contribute to such deliberations within children's rights research. In the paper, comments and concerns that have been put forward are brought together and developed further, leading to the suggestion that research into children's rights issues will need to address three major challenges on the way forward: advancing critique, increasing theorisation and contextualising research. [ABSTRACT FROM AUTHOR]

By adopting a Global Human Rights Sanctions regime, the European Union took a new step in leveraging its power to respond to human rights violations globally. The regime has a general scope, and targets both state and non-state actors. This paper shows that this regime occupies a tension zone between two competing approaches to sanctions: a self-help approach that perceives sanctions as deriving authority from states' sovereignty and subservient to their foreign policy, and a global governance approach that views sanctions as deriving authority from and bound by the objectives of specific international legal regimes they enforce. The tension between these approaches comes into stark view when constructing the listing criteria and policy objectives of the sanctions, which determine the scope of targets and duration of measures. Whether and how subsequent practice resolves this tension will be determined by certain legislative and interpretive moves by the EU Council and Court. [ABSTRACT FROM AUTHOR]

This paper reviews three selected major decisions by domestic courts of Korea in 2022 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases. [ABSTRACT FROM AUTHOR]

Pandemics are associated with exponential mortality rates, creating heavy burdens on communities. The high death rates affect how societies traditionally conduct funerary practices as governments impose regulations on the preparation of bodies and the conduct of the funerals to stem the transmission of the virus. In societies associated with deeply entrenched customary funerary practices, such limitative measures attract defiance. The tensions between public health objectives and funerary traditions have played out in a number of societies resulting in litigation. At the core of the disputes is whether the right to manifest religion or belief can be upheld, and relatedly, whether the dead have rights to dignified burials irrespective of pandemics. During the COVID-19 pandemic, some courts had to grapple with these difficult questions. In this paper, I take a jurisprudential excursion on some disputes in Kenya, India and Sri Lanka to assess the adjudication of conflicts which arose from COVID-19 pandemic deaths. [ABSTRACT FROM AUTHOR]

As societal and community institutions, schools operate within certain worldviews. These worldviews impact the aims and objectives of schooling and therefore influence the culture of the school and classroom, not to mention the content of the curriculum and teacher practices. In this paper I consider the "traditional" African worldview of Ubuntu as a framework or a foundation for schooling and education to combat the alienation and discrimination faced by many students in the schools in Western countries which are pushing neo-liberal objectives but that lead them to violence and increasingly, to radicalization. I look at the recent phenomenon of radicalization that makes societies and nations unsafe, and some of the push and pull factors that are increasingly attracting some students in the contemporary world to extremist actions. While the threat of Islamic terrorism seems to have subsided, the threats from extreme right-wing nationalist and alt-right groups is increasing at a fast pace (Ghosh et al, 2016a; Eger and Valdex, 2014; Fadel, 2019; Jones, 2018). I contrast the concept of Ubuntu with Western values of humanism and analyze the core values of the Ubuntu worldview in pedagogical practices. I conclude that present punitive measures are ineffective in preventing radicalization which poses a security threat to all nations, but that schooling has an important role to play in combating this phenomenon through a worldview that is not only humanistic but different in its very understanding of what a human being is and therefore, in preventing schools from alienating individuals and groups. [ABSTRACT FROM AUTHOR]

At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century's end. This paper suggests that the United States' loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in the international system had ended the practice: the politics of American federalism and a system of racial subordination that excluded some juvenile offenders from the umbrella of child protection measures, a conclusion suggesting that racial prejudice has interfered with U.S. compliance with international norms of child welfare and juvenile justice. [ABSTRACT FROM AUTHOR]

The paper pursues the explanation that political leaders in Croatia and Serbia at the beginning of 1990s used different and sometimes conflicting historical narratives of the two biggest ethnic groups in Croatia (Croats and Serbs), manipulating those conflicting narratives and constructing nationalistic discourse in order to (re)-assure their power position. At the outset, the paper attempts to explain the term 'ethno-mobilisation.' In the following part the paper deals with the actors and means of ethno-mobilisation that was taking place in Croatia. In the third part the paper elaborates on the consequences of such ethno-mobilization policies. The paper finally underlines that in spite of the quite advanced minority legislation that emerged in early 1990s, realization of the rights of minorities, particularly Serbs, was often hindered by unjust bureaucratic processes and the absence of political will. [ABSTRACT FROM AUTHOR]