|
|
¡Qué hay de nuevo!
|
|
Corte Interamericana de Derechos Humanos
|
|
Boletín No. 179, Año 9, 2016
|
|
|
Si tiene problemas para visualizar este mensaje haga clic
aquí |
|
|
|
|
SKYPE
|
|
WHATSAPP
|
|
FACEBOOK
|
|
TWITTER
|
|
CORREO
|
|
|
|
NGO Justice: African Rights as pseudo-prosecutor of the Rwandan Genocide.
Luc Reydams.
|
|
|
|
En: Human Rights Quarterly.
Vol. 38, No. 3 (2016)
|
Resumen: A London-based start-up NGO named African
Rights became famous overnight in 1994 by publishing a detailed 750
page volume about the Rwandan genocide less than three months after it
had ended. The report and subsequent African Rights publications named
hundreds of names of alleged génocidaires and purported to lay
the groundwork for their criminal prosecution. Based on numerous
interviews, the article shows that African Rights was coopted in the
first weeks of the genocide by the Rwandan Patriotic Front (RPF) and
that the report was produced with its active support. The article
further shows that after 1994, African Rights gradually became a
single-issue NGO (focused on the Rwandan genocide) and proxy for the new
RPF-dominated Rwandan government. In 2003, African Rights became an
outright RPF-front organization funded by and working closely with the
RPF's intelligence apparatus. Besides telling the untold story of
African Rights, the article demonstrates the impact of its publications
on the International Criminal Tribunal for Rwanda, on scholarship, and
on mass media. It concludes that African Rights was instrumental in
shaping and spreading an easily consumable one-sided narrative of the
Rwandan conflict and that the resulting pensée unique contributed to RPF impunity.
|
|
|
Women's progress and women's Human Rights.
Martha C. Nussbaum.
En: Human Rights Quarterly.
Vol. 38, No. 3 (2016)
|
|
|
|
Resumen: Focusing primarily on CEDAW (The
Convention on the Elimination of all Forms of Discrimination Against
Women), this article examines the role that international human rights
law plays in the advancement of the protection of human rights of women.
My general conclusion will be that international human rights law is
one small, but not utterly insignificant, aspect of the success of the
women's movement, important more for its role in enabling the movement
to grow and prosper than for what it does in and of itself. Indeed, I
claim, human rights law lags well behind the women's movement in some
crucial ways. Nonetheless, it is worthwhile that documents like CEDAW
exist, and not merely for their direct legal value (which can be
questioned). Documents help people to network across national boundaries
and to develop a sense of common purpose, a common language, a common
set of demands, and a sense that progress is being made; all of which
are incredibly important for a movement, especially an international
one, and especially for members who feel isolated or relatively
powerless. In a few cases, moreover, CEDAW has had a real, if limited,
legal significance, when implemented by friendly jurists. I suggest that
the influence of international human rights law ought to be assessed,
often at least, in this broader way, looking at the role of documents in
political and social movements. |
|
 |
Rethinking what is necessary in a democratic society:
Militant democracy and the Turkish State.
Kathleen Cavanaugh y Edel Hughes.
En: Human Rights Quarterly.
Vol. 38, No. 3 (2016)
|
| |
|
|
|
|
Resumen: Questions relating to contemporary
understandings of democracy continue to preoccupy the academic
landscape, from politics to law—how does one define democracy; is it
necessary to recalibrate the concept of democracy to meet the
exigencies of the current global security “crisis” and, following from
this, how does one understand (and control) the democratic relationship
of representation and accountability between citizen and state?
Although those writing on the recalibration of democratic theory come
from different points of departure, they often arrive at a similar
conclusion; namely that this global era poses significant challenges to
contemporary understandings of democracy. This article
identifies and focuses on one challenge posed by the concept of
“militant” democracy against the backdrop of the Turkish case. |
|
|
The United Nations Working Group on Arbitrary Detention:
Procedures and summary of jurisprudence.
David S. Weissbrodt y Brittany Mitchell.
En: Human Rights Quarterly.
Vol. 38, No. 3 (2016)
|
|
|
|
Resumen: For nearly twenty-five years, the United
Nations Working Group on Arbitrary Detention has provided a
well-respected jurisprudence on fundamental human rights, such as:
Freedom of expression and religion; limits on administrative detention;
restrictions on discrimination in detention; and violations of the right
to fair trial. The Working Group has amassed a unique collection of
legal principles applicable to individuals detained by the United
States, including asylum seekers, immigrants, and refugees. The
decisions of the Working Group have also applied to non-state actors. |
|
|
Translating law into practice:
Museums and a human rights community of practice.
Jennifer A. Orange.
En: Human Rights Quarterly.
Vol. 38, No. 3 (2016)
|
| |
|
|
|
|
Resumen: This article uses the community of
practice framework conceived by Jean Lave and Etienne Wenger to
demonstrate how museums form communities to support practices that aim
to improve the human rights experiences of marginalized groups. The
recent rise of a human rights museum practice provides rich examples of
how communities of practice are formed around human rights. Museums
are involved in legal practices at all moments in law’s narrative arc,
from the initiation of claims to ordering remedies. The framework
describes how communities support learning difficult knowledge, and how
new norms are established, strengthened and shared amongst particular
groups. |
|
|
Freedom of religion and apostasy:
The Malaysian experience.
Nehaluddin Ahmad, Ahmad Masum y Abdul Mohaimin Ayus.
En: Human Rights Quarterly.
Vol. 38, No. 3 (2016)
|
|
|
|
Resumen: Freedom of religion is a basic need
central to the nature of human beings. Man needs a belief, authority or
power to guide him to the right path and to achieve the objectives of
his life. From the very beginning, man has realized the importance of
safeguarding the freedom of religion, such as through the enactment of
laws. The right to freedom of religion is one of the fundamental rights
guaranteed in many international and regional human rights instruments.
In Malaysia, the safeguard of this fundamental right is provided under
Article 11(1) of the Federal Constitution, albeit with limitations.
Freedom of religion is a set of beliefs and essentially an intensely
personal matter; therefore, it is inevitable that the protection of
religious rights is particularly problematic for states that face
significant challenges in framing laws that strike the proper balance
between permitting freedom of religion and religious practices on the
one hand, and protecting the rights of non-adherents on the other hand.
Lately, we have witnessed this same struggle play out in Malaysia. In
particular, there are areas where religious, cultural, and ethnic
interests are competing and clashing over controversies regarding
apostasy, conversion, and deviationist Islam and related activities.
This article aims to look into these issues with a view of giving a
clearer picture to the public on how religious freedom is approached
under the Malaysian Federal Constitution. This article concludes that in
Malaysia, there is a need for reform as far as freedom of religion is
concerned. This is due to the fact that, although Article 4(1) of the
Federal Constitution declares the document to be the supreme law of the
Malaysian Federation, a wide gap has developed between theory and
practice. For example, in relation to Islamic matters, a silent and
informal rewriting of the Constitution seems to have taken place. |
|
|
Human Rights as Peacemaker:
An integrative theory of international human rights.
David E. Guinn.
En: Human Rights Quarterly.
Vol. 38, No. 3 (2016)
|
|
|
|
Resumen: To enhance and expand human rights,
advocates have increasingly reached to include international
humanitarian law (IHL) and international criminal law (ICL) as bodies
of law also based on the ideal of human dignity and worth. However,
while human rights clearly express a moral dimension, the human rights
project did not originate as a movement of moral reform, but rather as a
means of sustaining peaceful coexistence. To demonstrate the salience
of this perspective, I will begin by reviewing the development of human
rights, humanitarian law, and international criminal law in light of
how they promote peace by protecting human dignity. |
|
|
Linking Discourse and Practice:
The Human Rights-Based Approach to Development in the Village Assaini Program in the Kongo Central.
Tine Destrooper.
En: Human Rights Quarterly.
Vol. 35, No. 2 (2013)
|
|
|
Resumen:This article examines the meaning and
relevance of a human rights-based approach to development (HRBA) for
actors on the ground. It is one of the first scholarly studies to
empirically analyze the operationalization of this approach. We use a
new frame of analysis and new empirical material on the Kongo Central
province in the Democratic Republic of the Congo to examine how this
approach is brought into practice. This article is inspired by the
widespread international acclaim for HRBAs as well as by the critical
literature on this approach. It was found that there is a wide gap
between the conceptualization of the HRBA at the international level and
its operationalization on the ground, but that some dimensions are
less problematic than others. This article will argue that a deficient
implementation challenges the legitimacy of the HRBA, and of the human
rights framework more broadly, and that more attention to the
operationalization and implementation of this approach is needed in
order to reap its potential benefits.
|
|
No hay comentarios:
Publicar un comentario