Global Campus Open Knowledge Repository

Our Open Knowledge Repository is a digital service that collects, preserves, and distributes all digital materials resulting from the rich and varied production of the Global Campus of Human Rights. It is an ever growing collection which aims to give visibility to our research outputs, educational content, and multimedia materials; sustain open access for knowledge transfer; and foster communication within and beyond academia.

 

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Recent Submissions

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War as a Human Rights Matter: The European Court of Human Rights’ Approach to Armed Conflicts in the Light of the Inter-State Application Ukraine V. Russia (X)
(Global Campus of Human Rights, 2024) Brousek, Marie; Binder, Christina
This thesis explores the role of the European Court of Human Rights (ECtHR) in addressing human rights violations during armed conflicts, with a particular focus on the case of Ukraine v Russia (X), initiated following Russia's large-scale invasion of Ukraine in February 2022. The study offers a comprehensive analysis of the ECtHR's procedural and conceptual approaches in handling cases related to armed conflicts. It examines the procedural framework of the ECtHR, including the revival of inter-state applications, the granting of interim measures in conflict contexts, and the significance of third-party interventions. Conceptually, the research explores the extraterritorial application of the European Convention on Human Rights and its interaction with principles of Jus ad Bellum and Jus in Bello. Furthermore, the thesis evaluates the potential approach of the ECtHR in addressing human rights violations in the Ukraine v Russia (X) case, identifying specific procedural and conceptual challenges and providing recommendations. It also considers the implications of Russia's exclusion from the Council of Europe on the ECtHR's decisions. The findings demonstrate that, despite its original focus on peacetime, the ECtHR plays a pivotal role in ensuring accountability for human rights abuses during armed conflicts. The case of Ukraine v Russia (X) will set a precedent for how the European Convention should apply in future cases beyond Ukraine's conflict.
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The Hidden International Legal Obligation: The Prevention of Climate Statelessness
(Global Campus of Human Rights, 2024) Díaz-Quirós Diéguez, Adriana; Balázs, Majtényi
So far, academic literature has mainly approached the risk of "climate statelessness" of the populations of Tuvalu, Kiribati, the Maldives and the Marshall Islands from a reactive perspective, always renouncing their territory or their entire statehood as the only way to avoid their statelessness. This thesis, however, lays the legal foundations for a proactive response to this anomalous situation while proposing a scheme for its implementation. By analysing the case of these small island states from a human rights perspective, as statelessness is – among other things - a human rights issue, a violation of the right to nationality, and reviewing the international legal obligations of the various actors of the international community, mainly states (individually and collectively) and the UN, under international law and international human rights law, this thesis elucidates a general legal obligation to “prevent Human Rights violations”. Thus, it draws attention to the fact that preventing the climate statelessness arising from the loss of statehood due to the impact of climate change is a matter of fulfilling international legal obligations and responsibilities. Furthermore, it analyses the R2P implementation framework as a model to propose a coherent and operational framework for implementing this international legal obligation at the state and international community level.
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A Modern Tale of Frankenstein? How to Regulate Non-Consensual Sexually Explicit AI-Generated Deepfakes in the Metaverse
(Global Campus of Human Rights, 2024) Kolen, Elise; Benedek, Wolfgang; Tichy, Helmut
This thesis examines the emerging issue of non-consensual sexually explicit deepfakes (sexfakes) in the context of the Metaverse. The research focuses on two key issues: sexfakes as a gender-based phenomenon, and the applicability of current regulations on sexfakes in the Metaverse. The thesis takes a euro-centric approach and therefore analyses the current regulatory frameworks established by the Council of Europe (CoE) and the European Union (EU) on sexfakes and the Metaverse. The study reveals that while progress has been made in addressing sexfakes, current protections remain incomplete, leaving women inadequately safeguarded. The Metaverse presents further unique challenges in the regulation and enforcement of sexfakes, raising complex questions about identity, legal personality, avatar ownership, harm, perpetrator accountability, jurisdiction, and the right to be forgotten. This thesis argues that the EU's and CoE's stance that no new instruments are necessary may underestimate the transformative potential of the Metaverse, especially concerning gender-based cyber violence. It proposes to enhance current frameworks to specifically address sexfakes in the Metaverse by taking a proactive regulatory stance so that the Metaverse could be transformed into a safe and inclusive digital space for all.
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Legislation in the Age of Innovation: Regulating AI-Driven Child Sexual Abuse Material in the European Union. Fact or Fiction?
(Global Campus of Human Rights, 2024) Bergh, Cézanne : Van den; Nowak, Karol
This thesis, titled ‘Legislation in the Age of Innovation: Regulating AI- Driven Child Sexual Abuse Material (AI CSAM) in the European Union (EU) – Fact or Fiction?’, sheds light on the complexity of regulating AI CSAM in the EU – a minefield of legal, ethical, and practical deficiencies. It reveals the imperative to address these intertwined conundrums, which are essential to achieve effective EU regulation of AI CSAM. This material, comprising digitally manipulated content of real children and AI-generated fictitious CSAM, perpetuates real CSAM through Generative AI (GenAI) models’ training data and weights. This blurring line between real and AI CSAM compels the EU to deepen its understanding and develop more effective legal strategies. The current EU legislative landscape, including the CSA Directive, the proposed CSAM Regulation, and the AI Act, overlooks the intricacies of AI CSAM, rendering it ill-equipped to combat its creation and dissemination. Additionally, regulating AI CSAM aligns poorly with general EU principles and key criminal law requisites, such as criminal intent, identifiable victims, and causation of real harm. Extending the criminal focus to GenAI models and their owners further complicates the fit within the traditional framework. These legislative impediments pose grave ethical hazards, normalising child sexual abuse, obstructing criminal investigations, (re-)victimising children, and escalating financial sextortion. Given the severe infringement upon child dignity, integrity, privacy, wellbeing, and protection, as well as their best interests, effective practical legal solutions are urgently needed. Yet, current regulatory obligations for GenAI models and online platforms are practically limited, given their circumvention and ineffectiveness in detecting AI CSAM. Therefore, a more intrusive, paradigm-shifting approach, including expanded criminal accountability, could enhance practical effectiveness. However, its authoritarian implications, conflicting with EU human rights and democratic values, undermine its practical feasibility. This spurs further research to explore innovative ways to combat these legal, ethical, and practical hurdles impeding effective EU regulation, while maintaining a pragmatic outlook.
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Oil Extractivism and the Forgotten Rights of Children: A Mixed-Method Study of the East African Crude Oil Pipeline and Its Impacts on Children’s Rights
(Global Campus of Human Rights, 2024) Viola, Lucilla; Maubernard, Christophe
Oil extractivism driven by transnational corporations exacerbates existing inequalities, undermining children’s rights and welfare, thereby revealing a critical gap in international discussions on fossil fuels and children’s rights. This thesis explores the disproportionate impact of oil extraction activities on children, highlighting their marginalisation in global discourse despite their heightened vulnerability to climate change effects, as well as the environmental and social disruption caused by oil projects. Employing a mixed-methods approach, the study utilises a comparative methodology to analyse how oil extraction perpetuates neo-colonial power dynamics from the Global North to the Global South. It conducts systematic and empirical analyses of existing literature to gather the qualitative and quantitative data on children affected by the East African Crude Oil Pipeline (EACOP) in Uganda. Additionally, a comparative legal analysis comprehensively examines existing frameworks protecting children in extractive oil projects, proposing enhancements for improved corporate diligence by oil majors. The thesis proposes actionable recommendations to enhance children’s rights within the context of EACOP, led by the oil major holding the largest stake. Central to the thesis is the engagement of children as rights-holders and stakeholders in oil projects. This research is the first to focus on the condition of children within the EACOP project, aiming to influence corporate due diligence and raise awareness of child-welfare-based approach that ensures accountability for oil corporations.