DSpace Angular :: Browsing 01. Global Campus Human Rights Journal by Title

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The 17 October 2019 protests in Lebanon: Perceptions of Lebanese and non-Lebanese residents of Tripoli and surroundings

(Global Campus of Human Rights, 2020) Dahrouge, Elias ; Nammour, Jihad ; Lotf, Ahmed Samy ; Abualroos, Karim ; Ait Youssef, Iasmin ; Al-Burbar, Eman ; Al-Salafi, Azal ; Alsheikh Ali, Rana ; Arbi, Chiraz ; Benyahya, Khawla ; Bhatti, Sarah ; Cavalluzzo, Francesco ; Comaro, Elena ; Daniaud, Elise ; El-Zein, Jamal ; Fares, Asmaa ; Hosta Cuy, Elena ; Lavigne Delville, Solene ; Maaninou, Nouha ; Olea Corral, Andrea ; Pannunzio, Marta ; Ramdani, Adel ; Salloum, Hazar ; Werf, Charlotte : van der ; Yousef, Nedaa

Starting from 17 October 2019, Lebanon had witnessed an unprecedented wave of mass protests and mobilisation across its territory. This so-called Thawra came to question the state’s social contract, which is built on a peculiar political system: sectarian con-sociationalism. Characterised by institutionalised clientelism and systemic corruption, coupled with an unprecedented economic crisis, the system recently showed its limits. Tripoli is Lebanon’s second-largest and most deprived city. Yet, it hosted the largest protests across the country, aptly referred to as the ‘bride of the revolution’. To better understand the city’s dynamics in this respect, field research was conducted there in January 2020. Using a combination of quantitative and qualitative methods, the study reflects on Tripoli’s residents’ perceptions about the protests. Beyond focusing exclusively on the city’s Lebanese residents, it gives some important insights into its vulnerable Syrian and Palestinian refugee inhabitants. The study also demonstrates that, surprisingly, Tripoli’s citizens have nuanced perceptions about these protests. It reveals through charts how divergence in some of these perceptions depends on conditions such as employment, sex, age and nationality. Finally, it gives some tangible insights into Tripoli’s level of mobilisation, engagement, and inclusion of women in the wave of protests. Key words: Middle East; Lebanon; mobilisation; protests; refugees

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A critical review of the relationship between academic freedom and democracy in Ghana’s public universities: From pre-independence to the Fourth Republic

(Global Campus of Human Rights, 2021) Appiagyei-Atua, Kwadwo

The present work undertakes a critical assessment of academic freedom at Ghana’s public universities. Attention is placed on how the laws enacted to regulate the functioning of public universities have influenced or are likely to influence respect for academic freedom in public universities in Ghana. The paper seeks to articulate a correlation between the democratic credentials and the level of respect for academic freedom on the country’s university campuses. Three key decisions taken by the present government which threaten academic freedom are discussed. They are: the incidents leading to the closure of the Kwame Nkrumah University of Science and Technology (KNUST) in October 2018; the tensions arising in the Technical University Teachers Association of Ghana (TUTAG); and the unsuccessful attempt by the government to enact the Public Universities Bill 2020. To deal with the threat to academic freedom through managerialism, the paper calls for the democratisation of academic freedom on university campuses. This is premised on the fulfilment of responsibilities attached to the enjoyment of academic freedom by members of the academic community—the university, academics and students—towards each other. The place of the State, as the principal dutybearer in the academic freedom matrix, is considered as pivotal in facilitating this process.

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A lack of legal frameworks for internally displaced persons impacted by climate change and natural disasters: Analysis of regulatory challenges in Bangladesh, India and the Pacific Islands

(Global Campus Human Rights, 2022) McNeill, Isaac ; Amin, Asma-Al ; Son, Giwoong ; Karmacharya, Swasti

The issue of internal displacement of persons (IDPs) due to climate change (CC) and natural disasters (ND) is an area of global concern. With the increasing impacts of CC and ND (henceforth written as CC-ND), forced displacement and relocation are the only cogent solutions, but at huge physical, economic, and psychological costs, causing imbalances in well-being. However, despite the recognition and efforts directed towards addressing climate change and tackling its impacts, the pathways to safe relocation and, possibly, avoiding displacement are still restricted by barriers for a majority of vulnerable populations who are directly exposed to and affected by the harsh impacts of CC, ND, and displacement. This study uses a comparative case study approach to critically examine the patterns of internal displacement due to the compounding impacts of CC-ND in Bangladesh, India and the Pacific Islands, and also examines the impact on the well-being of IDPs. Furthermore, the study also attempts to critically examine the legal frameworks of each of these case studies to identify their relevance and note any gaps in addressing the issue of CC-ND induced internal displacement. Finally, it attempts to make policy recommendations to better respond to this issue.

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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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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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A she-cession? Exploring labour policy responses to COVID-19 and their impact on women's right to work in Europe

(Global Campus Human Rights, 2021) Altafin, Chiara ; Baiker, Manuela ; McCall Magan, Ríon ; Mancarella, Francesca ; Ferreira, Mariana

Women’s right to work in Europe has been disproportionately affected by the ongoing COVID-19 pandemic. This article explores how and to what extent certain European countries have developed labour policy responses reflecting a feminist human rights preparedness during the pandemic’s first two years. The impacts of the policies on women’s right to work in Italy, Portugal, Ireland and Germany are examined under critical policy analysis (CPA) methodology and from a human rights-based approach. Ultimately, it is argued that these states failed to immediately address the disproportionately gendered impacts in the labour market. Across all case studies, the analysis identifies a shortfall in protection for certain categories of women which has challenged the fulfilment of their right to work and left them in a state of ‘she-cession’. As a result, previous structures and tendencies defining the roles of women in society have been reinforced. In light of such unpreparedness, policy recommendations are elaborated upon from a feminist human rights perspective, in which attention is given to: intersectionality; dynamics of social hierarchies and power structures affecting access to rights; equal participation in policy decision-making; availability of data on the impact of states’ ongoing responses; and engagement with relevant stakeholders to monitor and ensure women’s enjoyment of the right to work.

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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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Africa’s democratic deficit: the role of the diaspora in bridging the gap between citizens and government

(Global Campus, 2019) Akech, Joseph Geng ; Assim, Usang Maria ; Mutambasere, Susan Chenai ; Ramakhula, Thabang ; Tutlam, Chaan Koang

Africa’s diaspora continues to play an indispensable role in shaping the continent’s social and political landscape. This impact has been felt since the struggle against colonialism to the contemporary challenges of democratisation. Recent developments in technology and the impact of globalisation have further amplified the power of the diasporas to influence events in their home countries. The trend in response by African governments has ranged from exclusion and isolation to cooperation and collaboration. Many African governments have been open to engagement with diasporas to facilitate financial investments, but have been more circumspect in allowing political participation by the diasporas. Can the diasporas play a positive role in facilitating and aiding Africa’s new impetus towards democratisation or will diasporas further fragment some of their already fragile home countries? This article discusses democracy in sub- Saharan Africa against the backdrop of the peoples’ lived realities, and explores the role of the diasporas in addressing challenges peculiar to the African context. It is argued that diasporas play a significant role in forging the development of democracy in their homelands. The article engages four claims to interrogate this position. First, it contextualises democracy as a reality in Africa. Second, it closely considers the participation by the diasporas. The third aspect involves an evaluation of Africa’s legal and political frameworks, followed by the proposal for a collaborative approach towards the diasporas, to improve democratisation in Africa. As such, the research question that the article seeks to answer is whether the diasporas play a role in forging the development of democracy in Africa. With the aid of a desktop approach that draws on experiences from selected countries, the article maps the way forward in fostering a better Africa’s diaspora continues to play an indispensable role in shaping the continent’s social and political landscape. This impact has been felt since the struggle against colonialism to the contemporary challenges of democratisation. Recent developments in technology and the impact of globalisation have further amplified the power of the diasporas to influence events in their home countries. The trend in response by African governments has ranged from exclusion and isolation to cooperation and collaboration. Many African governments have been open to engagement with diasporas to facilitate financial investments, but have been more circumspect in allowing political participation by the diasporas. Can the diasporas play a positive role in facilitating and aiding Africa’s new impetus towards democratisation or will diasporas further fragment some of their already fragile home countries? This article discusses democracy in sub- Saharan Africa against the backdrop of the peoples’ lived realities, and explores the role of the diasporas in addressing challenges peculiar to the African context. It is argued that diasporas play a significant role in forging the development of democracy in their homelands. The article engages four claims to interrogate this position. First, it contextualises democracy as a reality in Africa. Second, it closely considers the participation by the diasporas. The third aspect involves an evaluation of Africa’s legal and political frameworks, followed by the proposal for a collaborative approach towards the diasporas, to improve democratisation in Africa. As such, the research question that the article seeks to answer is whether the diasporas play a role in forging the development of democracy in Africa. With the aid of a desktop approach that draws on experiences from selected countries, the article maps the way forward in fostering a better Africa’s diaspora continues to play an indispensable role in shaping the continent’s social and political landscape. This impact has been felt since the struggle against colonialism to the contemporary challenges of democratisation. Recent developments in technology and the impact of globalisation have further amplified the power of the diasporas to influence events in their home countries. The trend in response by African governments has ranged from exclusion and isolation to cooperation and collaboration. Many African governments have been open to engagement with diasporas to facilitate financial investments, but have been more circumspect in allowing political participation by the diasporas. Can the diasporas play a positive role in facilitating and aiding Africa’s new impetus towards democratisation or will diasporas further fragment some of their already fragile home countries? This article discusses democracy in sub- Saharan Africa against the backdrop of the peoples’ lived realities, and explores the role of the diasporas in addressing challenges peculiar to the African context. It is argued that diasporas play a significant role in forging the development of democracy in their homelands. The article engages four claims to interrogate this position. First, it contextualises democracy as a reality in Africa. Second, it closely considers the participation by the diasporas. The third aspect involves an evaluation of Africa’s legal and political frameworks, followed by the proposal for a collaborative approach towards the diasporas, to improve democratisation in Africa. As such, the research question that the article seeks to answer is whether the diasporas play a role in forging the development of democracy in Africa. With the aid of a desktop approach that draws on experiences from selected countries, the article maps the way forward in fostering a better relationship between the diasporas and African governments to improve democratic governance, advocating a collaborative approach that is also cognisant of the important role of civil society in reaching the grassroots. The key findings indicate that while governments are open to engagement with the diasporas in the areas of development and investment, this is not the same in the case of political participation. This is based on the disregard of the minority view as used in the Western model of elective democracy. It is hoped that if consensus is used where the majority considers the positions of the minority, the issue of political participation would be greatly harnessed beyond the current trend.

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The ambivalent role of diaspora engagement for the homeland in the Balkans

(Global Campus, 2019) Alibašic, Mubina ; Davidović, Emilija ; Kapetanović, Sabiha ; Remiddi, Adriano ; Zejnilović, Edima

Diasporas have become significant role players in the democratic lives of their countries of origin. Such dynamic is particularly evident in the South East European context, a region characterised in contemporary history by massive movement, displacement and outflow of populations. This article aims at exploring the dichotomies that the diasporas’ political, economic and cultural involvement in the homeland present, including the discourse over its positive and negative features, hence tackling the issue of its potential to give rise to controversy. In fact, in addition to exerting a pro-active role for the democratic and socio-economic development of their home countries, diaspora communities may also embrace antagonistic approaches, countering certain transformation processes, state-building agendas or favouring one elite rule over another. Through a set of cases from the South East European context, the research addresses the regional, therefore global, question of how diaspora groups transnationally participate in the life of their home states, what their objectives are and how they may hinder democratisation processes, acting as incubators or accelerators of – potentially violent – change.

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An examination of the protection of the rights of internally displaced persons in Europe: From the Kampala Convention and the UN Guiding Principles on Internal Displacement to a European convention

(Global Campus Human Rights, 2022) Aliozi, Zoi ; Dor, Stav ; Gscheidlen, Anne Sophie ; Passuello, Chiara ; Drnovsky, Adam

At a time when violence and climate change are causing the displacement of millions of individuals globally, this article argues that the protection of the human rights of internally displaced persons (IDPs) should be put at the top of the European agenda. In light of Russia’s invasion of Ukraine, it is more important than ever that Europe creates its own legal protection framework. This article addresses the two major drivers of internal displacement, climate and conflict, and their impact on the rights of IDPs. It examines the existing framework of IDP protection in humanitarian law, the UN Guiding Principles on Internal Displacement, the African Union’s Kampala Convention, and the existing case law of the European Court of Human Rights (ECtHR) pertaining to IDPs’ rights. Through a human rights lens this article analyses both the merits and gaps of existing frameworks from which a European convention must learn. Using climate justice, intersectionality and psychological approaches, inter alia, it elaborates on various shortcomings identified in the areas of climate-induced displacement, mental health and the protection of vulnerable groups of IDPs, on which a European framework on IDP protection must expand. The goal of this article is to examine the above-mentioned issues not only in the context of current challenges but also in relation to future developments, since we will see further increases in internal displacement due to both armed conflict and climate change.

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Are smart walls smart solutions? The impact of technologically-charged borders on human rights in Europe

(Global Campus of Human Rights, 2019) Kieran, Bronagh ; Amorós Cascales, Fuensanta ; Thomi, Laura ; Veit, Meredith

This article reviews new technologies on the external border of the European Union, and the human rights ramifications of these developments. It utilises a multi-disciplinary approach, writing on the emerging technologies themselves, their impact on vulnerable groups, legal developments relating to privacy, and the political context informing migration policy. The first part outlines emerging trends in border technology. The discussion relies on examples beyond the European Union to inform its analysis, including case studies from the United States border with Mexico. Technological developments considered include thermal imaging; biometric data; virtual reality; artificial intelligence; and drones. The second part explores how vulnerable groups will be affected by the collection of biometrics at the external border of the European Union. This part explores how algorithms, far from being objective arbiters, in fact are repositories for the bias of the manufacturer. The article postulates that to tackle the proliferation of bias, it is necessary to have a diverse workforce creating these systems. Third, the article addresses the regulatory framework on data privacy in the European Union. The significance of a right to privacy post-9/11 context is described. The conception of data privacy of the General Data Protection Regulation (GDPR) is set out. This part first analyses how GDPR has affected the processing and storage of data in the EU and, second, draws out the implications for the data of migrants. Special emphasis is placed on the concept of consent, and the ability of migrants to refuse the collection of their data is put into question. Finally, the article turns to the political context. Arguing that right-wing populism is not inherently opposed to new technologies, the article points to populists’ reliance on social media to garner support. Furthermore, it is advanced that the potential for migrants’ human rights to be impinged by new technologies is compounded by the influence of right-wing populism on migration policy. Key words: smart borders; surveillance; consent; privacy; biometrics; human rights; vulnerable groups; securitisation; technology; artificial intelligence

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Armed conflict and national security depriving children of liberty in the MENA region: Case studies and good practices

(Global Campus of Human Rights, 2020) Jambi, Reham ; Arbi, Chiraz ; Werf, Charlotte : van der ; Lotf, Ahmed Samy

The UN Global Study on Children Deprived of Liberty outlines various pathways to detention in the contexts of armed conflicts and national security. A particular focus of this article falls on a comparative study between three case studies in the Arab region – notably Iraq & Syria (ISIS regions), Libya, and the Occupied Palestinian Territories (OPT). This comparative study is used in order to identify common problems as well as common good practices towards reaching a preliminary regional approach. With the defeat of ISIS, approximately 29 000 children have been detained in the northeast of Syria and in Iraq. Of those, only a limited number of children have been repatriated to their or their parents’ countries of origin, highlighting the overall reluctance of states to repatriate jihadist fighters for alleged security concerns. Detained children associated with ISIS are susceptible to radicalisation, aggravated socio-psychological harm and deprivation of the right to a normal childhood. The changing nature of armed conflict from ‘traditional’ wars to conflicts between non-state armed groups corresponds with an increase in the treatment of children as perpetrators rather than victims (especially in Libya). Children affiliated with terrorist groups are put to trial in circumstances that are contrary to international child justice standards. In the OPT, a high number of arrested children are mistreated, while they are also subjected to military courts and law. While states have the primary duty to prevent any potential security threats (including terrorism), protecting children from all types of violence is an obligation under international human rights law. Recognising the pressing need to liberate children from their precarious situation within detention camps, this article calls for concerted efforts to bring adequate solutions in accordance with international standards of justice for children in a way that promotes their rehabilitation and reintegration. Key words: children’s rights; armed conflict; national security; deprivation of liberty; children deprived of liberty; children in Palestine; children of ISIS; children in Libya; UN Global Study on Children Deprived of Liberty; deprivation of liberty on grounds of armed conflict; deprivation of liberty on grounds of national security

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The Armenian community in Iran: issues and emigration

(Global Campus, 2019) Iskandaryan, Gohar

The Armenian-Iranian community has a history of around 400 years. According to official statistics, there were approximately 300 000 Armenians in Iran in 1960-1970. After the Islamic revolution in Iran in 1978-1979, a considerable number of Armenians fled from Iran. In addition, other reasons fuelling the emigration were the 1980-1988 Iran-Iraq war, the international sanctions against Iran and the harsh social-economic conditions in the country. Many Armenians remaining in Iran mostly live in the three communities of Tabriz, Tehran and Isfahan. Armenians are recognised by the state as a religious minority. The Constitution of Iran gives rights of domestic, cultural and religious autonomy to Armenians. At the same time, Islamic laws dictate certain limitations, notably in the spheres of equal employment opportunities, the court system and justice. Armenians in Iran adopt several approaches for retaining their Armenian identities, including the non-acceptance of mixed marriages. After the Islamic revolution, the Hebrew Immigrant Aid Society started to organise and support the emigration of Jews and other non-Muslim groups, thus propelling the next wave of the Iranian-Armenians’ exodus.

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Big Brother in the Middle-East and North Africa: The expansion of imported surveillance technologies and their supportive legislation

(Global Campus of Human Rights, 2019) El-Ashy, Ola ; Maroni, Ilaria ; Mizyed, Hazem ; Nammar, Razan ; Al-Maskati, Mohammed

The article analyses digital surveillance companies and the possibilities that technology makes available to oppressive regimes: from monitoring centres facilitating mass surveillance on all telecommunications, to firewalls that filter what users can access, and spyware that tap into the information stored in any personal device connected to the internet. This grim picture of new technologies becomes significantly darker when taking into account the volume of this ‘international repression trade’ and the market value of surveillance companies operating in states self-identified as democracies. Key words: digital rights; surveillance; cyber-crime legislation; right to privacy; freedom of expression; national security; cyberwar; information technology; human rights defenders

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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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Challenges to the EU in 2017: Brexit implementation, populism, and the renewed attempt at advancing the social dimension of the European integration project

(Global Campus, 2018-10) Altafin, Chiara ; Lamer, Wiebke

Over the last decade, the European Union has faced a number of challenges, several of which have also dominated the regional political climate during 2017. For the first time in history, one of its member states is leaving the EU. In many other EU countries, the phenomena of populism and Euroscepticism are on the rise, while terrorist attacks continue to occur, the migration crisis continues to question EU solidarity, and social and economic inequalities are increasing. In light of these manifold challenges, this article examines the EU’s renewed attempt to advance the social dimension of the European project against the backdrop of two related political developments: the implementation of Brexit and the election outcomes in key member states in 2017. Brexit and the rising influence of populist, Eurosceptic parties pose a threat to European integration and effective political leadership, which in turn hinders the ability of the EU to tackle the challenges it faces. At the same time, these political developments highlight the importance of the social dimension of Europe for a large part of the electorate. Brexit and the election outcomes in The Netherlands, France, the UK and Germany in 2017 demonstrate that many citizens are concerned about the social implications of globalisation, urbanisation and digitalisation, particularly in light of the financial and economic crises that many EU countries had to confront over the last decade. The final section of the article examines the EU’s renewed pledge to strengthen its social dimension through the European Pillar of Social Rights. It considers that the political landscape has started to shift towards a more social stance during 2017 and argues that the operationalisation of the European Pillar could revitalise the EU narrative and ground for social policies and, accordingly, the European integration project, which needs to deepen its social dimension in order to survive and prove that it is able to enhance the living standards of European citizens. Key words: European Union; Brexit; elections; political parties; populism; social Europe; European Pillar of Social Rights

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Child protection and EU cooperation between Eastern Partnership countries during 2018, with a focus on Armenia, Georgia and Ukraine

(Global Campus of Human Rights, 2019) Muradyan, Mariam

This is a brief overview of progress and challenges in three Eastern Partnership (EaP) countries during 2018. The first part of the article analyses the commitments and obligations of three EaP countries under the international and regional frameworks, emphasising the relevant mechanisms and checks and balances. In this part the United Nations and Council of Europe mechanisms are considered. The cooperation framework between the European Union (EU) and the EaP countries is considered separately. Considering the fact that human rights protection has always been one of the key preconditions in developing political and economic cooperation between the EU and partner countries and the fact that the EU proclaims itself as a global actor, human rights and child protection are considered separate cooperation dimensions. In the second part the bilateral and multilateral cooperation with the EaP countries is categorised into three clauses. The clauses are built on the announced strategies and agendas of cooperation emphasising the slight deviations from the initial plans. Furthermore, the overview of selected achievements and perplexing challenges in human rights with the focus on child protection are described in Armenia, Georgia and Ukraine. Although some comparisons are drawn between the three countries, the contribution encourages the idea of considering each country individually bearing in mind the recent changes in political transformation both in domestic and international relations, economic declines and social transformations caused by the aftermath of the conflicts with Russia, as well as the advancements in fulfilling the bilateral agendas. The research shows that the announced targets and the EU’s commitments and actions in developing national judiciary, human rights protection and social systems in Armenia, Georgia and Ukraine are slow. Nevertheless, the delayed achievements in human rights and child protection do not hinder the nature of cooperation between the EU and EaP countries, displaying the weak connection of human rights conditionality in the external policy of the EU with its neighbours. Key words: human rights; child protection; European Union; Eastern Partnership; partnership clauses

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Child rights strategic litigation on deprivation of liberty for migration-related reasons: Review of selected cases in Asia and Europe

(Global Campus Human Rights, 2022) Altafin, Chiara

The position of children deprived of liberty for migration-related reasons entails key challenges to children’s rights and “child rights strategic litigation” (CRSL) emerges as one way to tackle them while feeding more broadly into national and international advocacy efforts. Litigation practice in this regard has emerged on the issue of deprivation of liberty in the third decade after the coming into force of the United Nations Convention on the Rights of the Child. This article analyses some pertinent litigation efforts undertaken in Asia and Europe. In considering selected case-law (already decided or in the process of litigation) at both national and international/regional levels, it addresses the main issues arising in relation to migration detention and children’s rights, how this litigation has been done, the actors involved, the legal standards employed, and eventually the courts’ reasoning. Concluding remarks for a children’s rights preparedness are articulated, reflecting on the pivotal importance of stakeholders’ approaches towards litigation strategies that are consistent with children’s rights and aim to advance children’s enjoyment of their rights, in order to contribute effectively to tackle such a harmful practice and bring changes against it. It is thus argued that CRSL can be a valuable means to advance access to justice for migrant children.

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Children’s deprivation of liberty as a tool of immigration and national security control in Europe? Unlocking captured childhoods by means of child-centred strategies and non-custodial solutions

(Global Campus of Human Rights, 2020) Altafin, Chiara ; Storbeck, Majsa ; Ninnin, Noémie ; Balnaves, Hugo ; Voziki, Vassia

This article explores children’s detention on immigration or national security grounds as affected by European states’ contemporary security rationale neglecting children’s rights. Attention is given to how non-custodial solutions and child-centred strategies could avoid the systemic deprivation of liberty for these reasons. In acknowledging the range of contemporary threats against the right to liberty and security of children, it is crucial to investigate the link between detention and security narratives, as children – a particularly vulnerable group – are affected disproportionately. The focus is placed on the situations in The Netherlands, France, Greece, Ireland and Cyprus. Concluding remarks are based on the case studies and the regional perspective taken beyond these cases, to draw arguments for law and policy changes at both levels. Key words: children’s rights; migration; national security; repatriation; detention; security rationale

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Children’s rights budgeting and social accountability: Children’s views on its purposes, processes and their participation

(Global Campus of Human Rights, 2020) Lundy, Laura ; Orr, Karen ; Marshall, Chelsea

Children’s rights budgeting is an international human rights priority and the focus of the UN Committee on the Rights of the Child’s 2016 General Comment on Public Budgeting for the Realisation of Children’s Rights. General Comment 19 was informed by a consultation that gathered the views of 2 693 children in 71 varied national contexts across all five UN regions. The article describes the process and findings of this consultation, setting out the views of children across the world as to how their governments should make spending decisions that are sufficient, equitable, efficient, transparent and participatory. The consultation provides unique insights into how children in very different contexts think about the ways in which their governments can and do allocate public funds for children and their families in ways that support or undermine the realisation of their rights. The article identifies some of the barriers to including children in decision making on public spending, but challenges assumptions that they are not able to be or interested in being involved. It suggests that if participatory budgeting is to be effective for children, it will require bespoke forms of social accountability. Key words: children’s rights; participation; budgeting; social accountability

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