En: Human Rights Law Review.
Vol. 16, No. 3 (2016)
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Resumen: A comparison between United Kingdom (UK)
and Australian law concerning irreducible life sentences indicates that
human rights charters and/or other strong human rights guarantees in a
jurisdiction can produce improved protections for offenders against
penal populism. In a series of challenges to draconian state laws that
remove any possibility of parole from 10 notorious murderers, the
Australian courts steadfastly refused to intervene.
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Regulation of the private military and security sector: Is the UK fulfilling its human rights duties?
Nigel D. White.
En: Human Rights Law Review.
Vol. 16, No. 3 (2016)
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Resumen: There is a divergence in state practice
as regards the regulation of private military and security companies
(PMSCs), ranging from outright prohibition, to forms of licensing, to
voluntary self-regulation. This article considers the self-regulation
model as adopted by the UK in order to illustrate the compatibility of
such a regime with international norms, especially those guaranteeing
human rights. |
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Reinvigorating human rights for the Twenty-First Century.
Hurst Hannum.
En: Human Rights Law Review.
Vol. 16, No. 3 (2016)
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Resumen: This article calls for returning to
the notion of 'human rights' as international human rights law and
maintaining the distinction between law and morality or law and
politics. Recognizing that these concepts are created and enforced
differently does not diminish any of them; rather, it reinforces the
fact that social progress can only be achieved by appealing to law,
politics and morality, not by promoting human rights as a panacea that
can remedy all wrongs.
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Has intersectionality reached its
limits? Intersectionality in the UN Human Rights Treaty Body practice
and the issue of ambivalence.
Pok Yin S. Chow.
En: Human Rights Law Review.
Vol. 16, No. 3 (2016)
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Resumen: This article explores the significance
and limitations of intersectionality in the practice of those treaty
bodies. Drawing on the debates concerning the legality of recent bans on
religious expression, it further explores the potential application of
the concept in situations of 'ambivalence', that is, where individuals
embrace a mixed feeling towards two seemingly conflicting identities. |
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Procedural fairness as a vehicle for inclusion in the freedom of religion jurisprudence of the Strasbourg Court.
Saïla Ouald Chaib.
En: Human Rights Law Review.
Vol. 16, No. 3 (2016)
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Resumen: The increasing religious diversity in
western Europe poses challenges for courts, including the European Court
of Human Rights, whose jurisprudence on the right to freedom of
religion has been widely criticized for being too restrictive,
unprotective and non-inclusive. This criticism mainly refers to the
substantive aspect of the Court's case law. Indeed when dealing with the
question how the religious diversity can be best dealt with from a
human rights perspective, the first focus of the Court should relate to
the substantive inclusion of this diversity. |
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Does one swallow make a spring? Artistic and literary freedom at the European Court of Human Rights.
Eleni Polymenopoulou.
En: Human Rights Law Review.
Vol. 16, No. 3 (2016)
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Resumen: In a series of cases decided over the
last few years, the European Court of Human Rights has been increasingly
vindicating artistic freedom. It has been expanding the meaning of
'satire' as a form of art; excluding the protection of religious
sensibilities from the scope of Article 9; and gradually referring to
the defence of 'fiction' in literary cases. |
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The Freedom to publish 'irreligious' cartoons.
Neville Cox.
En: Human Rights Law Review.
Vol. 16, No. 3 (2016)
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Resumen: The attacks on Charlie Hebdo in January
2015 elicited an international reaction not merely of outrage in the
face of an act of violence, but of solidarity with the right of
journalists to publish irreligious cartoons—summed up in the ubiquitous
use of the phrase 'Je Suis Charlie'. The implication was that the
freedom to publish cartoons of this nature should be cherished and
protected. |
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Economic and social rights as a legal framework for building positive peace - A human security plus approach to peacebuilding.
Amanda Cahill-Ripley.
En: Human Rights Law Review.
Vol. 16, No. 2 (2016)
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Resumen: This article examines the exclusion of
economic and social rights from peacebuilding. The peacebuilding process
has become dominated by a liberal agenda resulting in a 'one size fits
all' model of peacebuilding. As a consequence, the inclusion of human
rights within the mandate of peacebuilding has also been limited to a
liberal conception of human rights constituting only civil and political
rights. |
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