EPDF and EPUB available Open Access under CC-BY-NC-ND licence. This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa. ...The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation. Chapters engage with crucial themes such as human rights approaches to climate governance, corporate liability and the role of gender in climate litigation.
The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and ...freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people's rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government's compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.
LGBTQ Economics Badgett, M.V. Lee; Carpenter, Christopher S.; Sansone, Dario
The Journal of economic perspectives,
04/2021, Volume:
35, Issue:
2
Journal Article
Peer reviewed
Open access
Public attitudes and policies toward LGBTQ individuals have improved substantially in recent decades. Economists are actively shaping the discourse around these policies and contributing to our ...understanding of the economic lives of LGBTQ individuals. In this paper, we present the most up-to-date estimates of the size, location, demographic characteristics, and family structures of LGBTQ individuals in the United States. We describe an emerging literature on the effects of legal access to same-sex marriage on family and socioeconomic outcomes. We also summarize what is known about the size, direction, and sources of wage differentials related to variation in sexual orientation and gender identity. We conclude by describing a range of open questions in LGBTQ economics.
This article focuses on the right to a healthy environment, which is a challenging aspect of international law because, until recently, it was not explicitly addressed at the global level. The United ...Nations' human rights instruments do not contain provisions related to the environment, but the approach of 'greening the existing' human rights can be observed in several forms, for instance, in general comments. International environmental law introduced a similar concept, the 'human rights approach', which connects environmental issues with human rights. We assume that these two concepts can serve as the foundation for declaring the right to a healthy environment but do not replace that. We argue that the global recognition of the right to a healthy environment could connect the two branches of international law and ease its fragmentation. This article aims to examine and evaluate the existing international legal background at the global and regional levels. While doing so, we will analyze the legally binding and soft law instruments and the relevant case law of international human rights law and international environmental law. The article emphasized the recent legal development, as the United Nations Human Rights Committee adopted 2021 resolution no. 48/13, which promotes the right to a clean, healthy and sustainable environment. Here, we also present suggestions for the further global elaboration of the right. On the one hand, the examination reveals that international law already has several instruments and concepts that can be considered a starting point for the declaration. On the other hand, we propose that innovation, new approaches should be expressed in the future, related to the right to a healthy environment.
Understanding whether laws shape or simply reflect citizens’ attitudes is important but empirically difficult. We provide new evidence on this question by studying the relation between legal same-sex ...relationship recognition policies (SSRRPs) and attitudes toward sexual minorities in Europe. Using data from the European Social Surveys covering 2002–2016 and exploiting variation in the timing of SSRRPs across countries, we show that legal relationship recognition is associated with statistically significant improvements in attitudes toward sexual minorities. These effects are widespread across demographic groups but are consistently larger for more conservative groups in countries with less gender equality. Our results suggest that laws can exert a powerful influence in shaping societal attitudes.
Abstract
This paper develops a taxonomy of political regimes that distinguishes between three sets of rights—property rights, political rights and civil rights. The truly distinctive nature of ...liberal democracy is the protection of civil rights (equal treatment by the state for all groups) in addition to the other two. The paper shows how democratic transitions that are the product of a settlement between the elite (who care mostly about property rights) and the majority (who care about political rights), generically fail to produce liberal democracy. Instead, the emergence of liberal democracy requires low levels of inequality and weak identity cleavages.
Trafficking in human beings is increasingly due to the greatest gain of the perpetrators. Human trafficking is a global humanitarian problem. With the involvement of many countries, both as a country ...of origin, destination and transit country, making this problem more complex. The complexity of the problems is increasing as the neighbors and organized transnational crime networks are organized. Thailand is one of the transit countries, sources, and destinations for international human trafficking. These conditions led to the Government of Thailand began to realize the urgency of the dangers of human trafficking. This problem is increasingly complex because human trafficking is related to child and female prostitution.
Sovereignty, security, rights, participation: these four macro-issues have been deeply affected by the impact of digital technologies on the inner infrastructures of public international law. But ...what role does international law play for the internet? And how have the internet and the platforms, rogue actors, cyber weapons, and multistakeholder approaches to law-making influenced international law? This book examines the reciprocal influences between digital technologies and public international law and contributes to further debunk the persisting myth of the internet as an unregulated space. By these means, it current and future fields of inquiry emerging from the interface between public international law and digital technologies which will become even more relevant in the future. With contributions by Angelo Jr Golia, Matthias Kettemann, Raffaela Kunz, Pia Hüsch, Edoardo Celeste, Uchenna Jerome Orji, Alena Douhan, Stefanie Schmahl, Rossella Pulvirenti, Adam Krzywoń, Katharina Luckner and Vera Strobel.
This article looks at securitization/humanitarianization dynamics in the EU external sea borders to track and critique the substantial transformation of the role played by human rights in the ...Mediterranean. Mapping the evolution of maritime engagement up to the ‘refugee crisis’, it is revealed how the invocation of human rights serves paradoxically to curtail (migrants') human rights, justifying interdiction (‘to save lives’), and impeding access to safety in Europe. The result is a double reification of ‘boat migrants’ as threats to border security and as victims of smuggling/trafficking. Through a narrative of ‘rescue’, interdiction is laundered into an ethically sustainable strategy of border governance. Instead of being considered a problematic (potentially lethal) means of control, it is re‐defined into a life‐saving device. The ensuing ‘rescue‐through‐interdiction’/‘rescue‐without‐protection’ paradigm alters the nature of human rights, which, rather than functioning as a check on interdiction, end up co‐opted as another securitization/humanitarianization tool.
PDF
