Volume 7 (No 1-2)

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  • Item
    The State of exception: An insight into its theoretical background
    (Global Campus Human Rights, 2023) Ates, Dilan
    This article aims to carry out a critical examination of the state of exception within the context of modern constitutional state, to shed light on this legal anomaly that entails the suspension of rights, freedoms, and norms. The state of exception, wielding the power to annul the fundamental rights and freedoms enumerated and enshrined before it, finds its form in almost all manifestations of modern law (constitutions, laws, international law, conventions). The ambiguous position of the concept has widened the theoretical debates that accompany it. This article is an attempt to elucidate the theoretical discussions revolving around the state of exception: namely Carl Schmitt, Giorgio Agamben and Judith Butler’s perspectives. The central objective is to discuss one of the aspects of the intricate relationship between modern law and sovereignty.
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    Book Review: Takeh B.K Sendze, Adesola Adeboyejo, Howard Morrison and Sophia Ugwu (eds), Contemporary International Criminal Law Issues: Contributions in Pursuit of Accountability for Africa and the World (T.M.C Asser Press 2023) pp. 452
    (Global Campus Human Rights, 2023) Oyewole, Oriola O.
    This edited book provides a comprehensive analysis of various aspects of the international criminal justice system, focusing on the significance of international criminal law in achieving accountability for Atrocity Crimes in Africa and globally. The contributors examine the complexities and challenges involved in holding individuals accountable for these crimes, addressing concerns about legitimacy, the regionalisation of justice, the application of universal jurisdiction, and the importance of international cooperation. While acknowledging the marginalisation of female experiences in conflict, and the investigation and prosecution of conflict-related sexual and gender-based violence, it underscores the need for a thorough understanding of gender dynamics in conflict-related crimes and advocates for urgent action to address accountability gaps. Interestingly the themes of the book accentuate the sustainability of international criminal law. There is a demand for justice and accountability in Africa, highlighting the importance of engaging in productive conversations to develop and implement successful approaches to achieve these objectives.
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    Montenegro, a secular state? A discussion on the power of the Serbian Orthodox Church in Montenegro
    (Global Campus Human Rights, 2023) Pasić, Nejira
    This paper is concerned with explaining the reason for and how the Serbian Orthodox Church (SOC) managed to influence the perceptions of half of the population in Montenegro, thereby impacting the voting outcome of the 2020 parliamentary elections. The paper presents a historical overview of the political and religious situation in the country, focusing on the two main orthodox churches- the Serbian Orthodox Church and the Montenegrin Orthodox Church (MOC), as well as their relationships with the government of Montenegro and the president, Milo Đukanović specifically. The reason for the discussion between the SOC and the government was the passing of the law on the freedom of religion and legal property, article 52 to be exact. The paper also provides an insight into the agendas and rhetoric of both the SOC and MOC, as well as the Đukanović government. To address this issue properly, this paper combined various legal documents, such as the Constitution of Montenegro and the law of the freedom of religion and legal property issued in 2019, with various regional and global news outlets that reported on this heated argument between the two parties. The paper also provides an insight into the agendas and rhetoric of both the SOC and MOC, as well as the Đukanović government. Lastly, it serves as a study of the influence of religious institutions on democratic processes. The work concludes that the SOC in Montenegro still has a growing influence that has recently been exercised to impact their position and power through the shaping of public opinion.
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    The construction of global citizenship and human rights through graffiti in Europe
    (Global Campus Human Rights, 2023) Gutiérrez-Vicario, Marissa
    The article explores hip-hop culture’s global impact, specifically focusing on graffiti art to shape global consciousness and human rights education among youth. Originating in the Bronx in the 1970s, the art form of hip-hop emerged as a unifying force in traditionally marginalised communities and communities of colour, transcending borders to become a catalyst for social change around the globe. Emphasizing graffiti’s significance within hip-hop, the article delves into its role as a voice for marginalized communities and a form of resistance against societal norms. It examines how graffiti fosters a sense of global consciousness and reinforces human rights among young artists, particularly in the German hip-hop scene, creating inclusive communities and diverse spaces. The article examines specific educational initiatives like Hip Hop Mobil and the Graffiti Research Lab in Germany. It discusses how these initiatives have played pivotal roles in educating youth about hip-hop culture, using technology, and fostering cross-cultural connections through digital graffiti. Furthermore, the article raises critical questions about the future of graffiti, especially in its integration with digital technologies, and its potential to democratize public spaces further. Lastly, this article considers the evolving nature of graffiti to expand public participation, shape a collective global identity among youth, and help reinforce human rights within communities. In essence, the article highlights hip-hop culture’s transformative power, focusing on graffiti art as a tool that empowers marginalized community members, fosters a global sense of belonging, and encourages human rights activism among the younger generation while examining the trajectory of graffiti amidst technological advancements.
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    A prolegomenon on deepfakes and human rights in the African Charter
    (Global Campus Human Rights, 2023) Jimoh, Mujib
    Deepfake, the manipulation of videos, audio and images using Artificial Intelligence (AI) technology, is popularly gaining attention in different areas of law since its first creation in 2017. Recent scholarships have considered its impacts on evidence law and proofs in courtrooms. Other areas of law that have been tested with deepfake include criminal law, torts, intellectual property and national security law, among others. In Africa, one of the challenges in addressing issues relating to deepfake is illiteracy. Most Africans are said to be ignorant of what deepfake is. Yet, with its nature and as a form of AI, deepfake impacts almost all known human rights since human rights are interdependent and interrelated. This paper seeks to introduce and underscore the impacts of deepfake on human rights in Africa, particularly the rights contained in the African Charter on Human and Peoples’ Rights (African Charter). Although an analysis of the impact of deepfake on all the rights contained in the African Charter is outside the scope of this paper, the most impacted human rights—the right to dignity, privacy and information—will be discussed. As a prolegomenon (introduction) on this topic, the paper aims to highlight the human rights violations in the creation of deepfakes in Africa. The paper argues that while most deepfakes are created by private individuals, under the ‘duty to respect’ framework of human rights, both individuals and State Parties have obligations to respect human rights.
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    The paradox of child participation in child labour: An interface between statutory and customary child labour laws in Malawi
    (Global Campus Human Rights, 2023) Mauluka, Gift ; Kaime, Thoko
    The ratification of the International Labour Organisation’s Convention 138 on Minimum Age and Convention 182 on the Worst Forms of Child Labour, as well as the enactment of the Employment Act, 2000 and the Child Care, Protection and Justice Act, 2010, among other critical legislation by the Malawi government, was a contribution towards the elimination of child labour. These efforts have been complemented by the reinforcement of customary laws and an inclusive formulation of rules and regulations set by traditional and religious leaders at the community level. Despite these efforts, child labour is on the rise. The interface between statutory and customary laws in the fight against child labour raises questions about the contributions that each of them or their combination is making in ending child labour. This paper examines various reasons and tensions associated with the application of these laws, simultaneously or independently, in the effort to combat child labour. Application of weak legal pluralism, where modification of the existing norms and practices is allowed while allowing room for input from statutory law, is being suggested as one of the ideal integrations of laws in the fight against child labour and ensuring their meaningful participation.
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    A monster called justice: Female incarceration and motherhood in Mexico’s prison system
    (Global Campus Human Rights, 2023) Giacomello, Corina
    Female incarceration has been growing at a higher rate than the general prison population around the world and Mexico has been no exception: between 2000 and 2022 the country has witnessed an increase of the female prison population by 100%, vs a 60% global tendency. The main cause for women’s incarceration is theft, followed by more serious crimes, such as kidnapping and homicide. Most women in prison come from poor households, have basic schooling and are primary or sole caregivers of small children. Despite a growing international and national attention to the issue of women in prison and the impacts of female incarceration on small children, the Mexican prison system is not legally designed nor practically equipped to uphold children’s rights and mainstream a children rights’ perspective in the adult criminal justice system. This paper aims at analyzing the conditions of female incarceration in Mexico and its impacts on children, with a focus on those living with their mothers. It is based on publicly available quantitative data and literature review as well as on semi-structured interviews and focus groups with women in prison from 2005 onwards and, more recently, with women detained in the country’s federal female prison “CPS femenil Morelos” in 2023. It also draws from the lived experience of formerly incarcerated women.
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    The impact of mandatory Hijab Laws on women’s rights in Iran: A human rights perspective
    (Global Campus Human Rights, 2023) Ali, Sajid ; Kayyal, Mahsa
    This article delves into the complex landscape of women’s rights in Iran, focusing on the profound impact of mandatory hijab laws imposed after the 1979 Islamic revolution. Against a historical backdrop of ongoing struggles for human rights, particularly concerning women, this paper aims to scrutinize the multifaceted violations arising from the implementation of hijab laws, revealing their ramifications on civil, political, religious, and economic rights. The study begins by contextualizing the historical evolution of women’s rights in Iran, contrasting the experiences under monarchy with the current regime. It highlights the distinctive nature of women’s rights violations post-revolution, emphasizing the coercive enforcement of discriminatory laws and its contribution to widespread protests both within Iran and globally. Central to the analysis is the examination of how mandatory hijab laws infringe upon women’s personal freedoms and jeopardize their fundamental rights. The recent outcry and resistance against these laws, exemplified by the nationwide protests triggered by the tragic incident involving Mahsa Amini, underscore the urgent need for political reevaluation and legal reform. The paper contends that these laws not only impede women’s participation in political, religious, civil, and economic spheres but also contravene Iran’s International Commitments and Human Rights Instruments. The article concludes by reinforcing the deep-rooted concerns about women’s rights in Iran, echoing the discontent that has persisted since the 1979 Islamic Revolution. The discriminatory impact of hijab laws is unveiled through the lens of the marginalized position of women in various fields, coupled with widespread discrimination and violations of their political, religious, and economic rights. As international scholars and experts question the compatibility of these laws with International Human Rights norms, the United Nations and other human rights organizations call for the Iranian regime’s adherence to international commitments, emphasizing the potential exacerbation of the vulnerable situation of women’s rights in the absence of such compliance.
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    Rethinking China’s challenge to human rights: The case of tourism development in Tibet
    (Global Campus Human Rights, 2023) Genoud, Christelle
    In recent years, the challenge that the Chinese Human Rights Narrative poses to the human rights regime has gained a special sense of urgency as the issue has become embedded into the larger geopolitical debate on China’s threat to the liberal world order. This article shifts the focus from the opposition between the liberal and Chinese Narratives to discrepancies between China’s Human Rights narrative and practices and challenges liberal human rights, which have been contentious from their inception. Ironically, the Chinese government does not live up to the narrative based on which it confronts liberal democracies. Through the case of tourism development in Tibet, the article illustrates that while China emphasises the right to development by promoting human rights for all individuals, the government’s implementation is anchored into violations of the cultural rights of ethnic minorities. With this perspective in mind, the study calls for a defence of human rights grounded on discrepancies between the narrative and actual practices rather than a status quo defence of the human rights regime.
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    The right to live or to live well? Refugees’ quest for entitlement: A reflection through Aristotle’s and Arendt’s lenses
    (Global Campus Human Rights, 2023) Fagard, Clarisse J.
    The term “life” is undoubtedly a concept that legislators can no longer fail to understand in present times, certainly with a burning migration crisis at the forefront. The study explores the intrinsic relationship between the concepts of “life” and “rights” through the lens of ancient philosophy, in particular Aristotle’ seminal writing. The distinction between “bios” and “zoe,” as recognised by the latter, is analysed and reconsidered in contemporary contexts, within the framework of modern human rights and the challenges posed by the global migration crisis. Challenging thereby the philosopher Agamben, who maintains a dichotomy between the biological and the political body—albeit blurred by his conception of “naked life,” the study argues for a nuanced interpretation of Aristotle’s oeuvre, allowing for the recognition of a complementary—if not inseparable—connection between biological life and political existence. Through a further interlacing with Hannah Arendt’s concept of “the right to have rights,” the article aims to apply this framework to refugees’ situations, emphasizing the intertwined nature of life and political recognition. In a forward-looking perspective, it is hoped to raise reflexive stances on the contemporary right to life, whose complete comprehending hinges on recognizing its innate political dimension.
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    Access to justice through the obligations developed by the United Nations Human Rights treaty bodies
    (Global Campus Human Rights, 2023) Aguirre, Cláudia : de Freitas
    Access to justice is not a new theme in the academic literature, and there are several approaches to the subject. Nevertheless, the objective of this article is not the analysis of access to justice in theory. Instead, it aims to reflect on it as a human right. Indeed, there is a close link between human rights violations and the need for remedies and/or access to justice mechanisms in general. In addition, the consideration of access to justice as a human right in itself and a precondition for all other human rights leads us to investigate the specific state’s obligations. Hence, the article focuses on the general comments/recommendations of UN treaty bodies, as they represent the authoritative interpretation of legally binding treaties, consequently establishing consolidated positions on the state’s obligations regarding access to justice. The article’s objective is, in a legal analysis, to identify the precise duties encompassing the right to access justice. By recognizing these obligations, the article aims to systematize some trends in their evolution, striving to pinpoint which vectors drive such tendencies, with a brief contextualization in the studies on the renewal waves of access to justice. Finally, after acknowledging these obligations/standards, their implications for realizing the right to access justice in practice from the perspective of states, treaty bodies, victims, and other human rights actors, are reflected upon.
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    Combating climate change and promoting human rights through associativism
    (Global Campus Human Rights, 2023) Menezes, Anna Cláudia ; Belli, Lourega ; Voigt Pisconti Machado, Claudia
    Preserving nature and promoting human rights emerge as pressing challenges in contemporary society. Companies, as prominent economic agents, play a crucial role in building a more equitable and environmentally sustainable world. In this context, associativism stands out as a crucial tool, enabling companies to collaborate jointly with local communities and non-governmental organisations in the creation of projects and initiatives beneficial to all. In the realm of climate change, fossil fuels stand out as the primary emitters of greenhouse gases. Associativism emerges as a valuable tool in addressing climate change, through this collaborative approach, companies can cooperate with local communities and non-governmental organisations in designing projects and initiatives aimed at reducing dependence on fossil fuels and driving the transition to a low-carbon economy. This article investigates how companies, through associativism, can take effective measures for environmental preservation and the prevention of human rights violations in the context of climate change. The research was conducted through literature review and document analysis. The results obtained suggest that sustainable development practices adopted by companies committed to promoting the rights of nature and humans have the potential to reduce the environmental impact of business operations, promote social well-being, and strengthen collaboration between companies, local communities, and civil society organisations. Companies incorporating associational practices to drive sustainability are more likely to achieve the Sustainable Development Goals (SDGs) outlined in the UN’s 2030 Agenda.
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    The prohibition of the Russian Orthodox Church in Ukraine: Emergency and human rights
    ( 2023) Halieiev, Yaroslav
    This article aims to determine the evolution of the national security clause as a legal ground for the dissolution of religious organisations, in particular, the Russian Orthodox Church in Ukraine (ROCU) in Ukraine. The assessment is conducted through the prism of Art. 9 and Art.11 of the ECHR and purports to establish the conformity of the Ukrainian legislature with the ECHR. Apart from that, the article elaborates on the interplay between emergency law, martial law, and legislative amendments concerning the status of the Church. I argue that the ROCU matter has been securitised in two stages. Firstly, during the presidency of the fifth President of Ukraine, in 2018-2019, when the Ukrainian independent church was created under “national identity” and “national security” slogans. Later, in the aftermath of the Russian invasion of Ukraine in 2022 when, a spark of investigations showing collaboration between some representatives of the ROCU and Russia led to the weaponisation of the ROCU. Consequently, the national legislature has been amended to reflect on these issues. I submit that the Russian invasion of Ukraine in 2022 allowed the introduction of martial law as an emergency regime, under which Ukraine was able to derogate from major human rights instruments, including ECHR. Derogations allowed Ukraine to expand its margin of appreciation. However, the ECHR can exercise post-factum control on the measures taken in times of emergency. I believe that prohibiting the ROCU’s activities by legislative act will result in grave interference under the ECHR. Additionally, such a prohibition can fail to meet the requirements of the proportionality test, considering the current Ukrainian legislature. Also, the legislative changes raise the matter of attribution between the representatives of the ROCU and the ROCU as a religious organisation.
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    Universities’ responsibilities to respect and protect human rights transnationally: A critical discussion of collaboration and exchange between the UK and China
    (Global Campus Human Rights, 2023) Genoud, Christelle ; Pils, Eva
    Engaging with a debate on universities’ responsibilities to protect human rights amidst rising concern about the influence of autocratically governed China, we argue that the United Nations Guiding Principles on Business and Human Rights apply to universities, be it because universities are business enterprises, or because the principles contained in the UNGP are a fortiori relevant to universities. Drawing on the example of UK universities, we show that the UNGP are relevant for universities as “education providers and exporters” to protect academic freedom against China’s transnational repression. A review of selected current ‘hard’ and ‘soft’ law documents shows not only that to protect academic freedom, there is a need to further concretize the UNGP for the higher education sector, but also that effective protection requires corrections to universities’ overly commercialised funding structures.