The Human Rights Act: A View from Below

The paper is based on survey work undertaken in the Cynon valley, south Wales, an area of high social deprivation. We interviewed local solicitors to establish their understanding and usage of the Human Rights Act (HRA). Outside of south Wales there is evidence of growing awareness and involvement of specialist practitioners in human rights actions. This we call a top-down process. Our work starts at the other end: a bottom-up account of high-street, small-practice solicitors.     

国际人权法的晚近发展及未来趋势

国际人权法的迅速发展对以国家利益为核心的传统国际法和国际秩序提出严峻挑战。从过去单一强调"国家安全"到人本回归;从"保护的责任"概念的提出,强调国家主权更意味着对人民的保护责任。这些有关国家与个人关系的理念上的变化,表明国际社会越来越强调个人的价值和尊严,国家主权受到越来越多的限制。而国际刑事法院的建立和联合国人权理事会的诞生,则彰显了国际社会意欲强化国际人权法的实施监督机制的决心,这是国际人权法未来发展的趋势。     

Disability Rights Commission: From Civil Rights to Social Rights

This paper argues that, although originally conceived as part of the ‘civil rights’ agenda, the development of disability rights in Britain by the Disability Rights Commission (DRC) is better seen as a movement towards the realization of social, economic, and cultural rights, and so as reaffirmation of the indissolubility of human rights in the round. As such, that process of development represents a concrete exercise in the implementation of social rights by a statutory equality body and a significant step towards the conception of disability rights as universal participation, not just individual or minority group entitlement. The paper considers the distinctive features of that regulatory activity. It asks what sort of equality the DRC set out to achieve for disabled people and where, as a result, its work positioned it on the regulatory spectrum. From the particular experience of the DRC, the paper looks forward to considerations of general relevance to other such bodies, including the new Equality and Human Rights Commission.     

Human Rights Law: Australia and Slovenia

The human rights legal framework of Australia and Slovenia are vastly different. This article explores the evolution of human rights laws of Slovenia and Australia. While the study and comparison of Australia and Slovenia is uncommon, and not often used as an example to highlight aspects of human rights, both states have a long history of cooperation. The first Slovenian reportedly arrived in Australian in 1855. Since then, and particularly following World War Two, there has been a steady stream of Slovenian’s migrating to Australia. Slovenia upon independence prepared a new constitution that reflected the democratic human rights of the European Union, in 1991, and ratified the European Convention on Human rights in 1994. This article highlights how the opportunity Slovenia had to develop a new constitution, they were able to include many human rights that are often found in legislation. Australia’s constitution came into effect in 1901. Being more than 100 years old, there has been no attempts to revise the Australian constitution and expand the current express human rights. This article will determine whether the European Union’s human rights laws have not only influenced Slovenia’s human rights laws, but also Australia’s. This article suggests that Australia has much to learn from the Slovene experience, but is constrained by its constitution and region. This article highlights how a state formed in recent times, has had the opportunity to develop a constitution that reflects modern day human rights while an older state with longer established democracy has fallen behind in its protection of human rights.     

气候变化救济的审思与突破：以人权法为视角的展开

全球气候变暖不仅直接触发了环境危机,更间接地威胁到人类所享有的各项基本人权。在国际气候变化机制关于损害赔偿的规定尚处于行为义务的前提下,在《巴黎协定》纳入人权视角后,随着气候变化诉讼的发展,已经挖掘出人权法体系在气候变化救济方面所具有的巨大潜力。2018年,联合国人权事务委员会通过《关于生命权的一般性意见》,将气候变化与生命权进行对接,不仅回应了《巴黎协定》对于人权的关注,更验证了在人权法语境下为气候变化提供救济不失为一项可行性选择。尽管该视角仍然面临一些待解问题,但却可以与国际气候变化机制互为补充,为气候变化救济带来另一个维度的曙光。     

The Law Lords and Human Rights

This article presents an empirical analysis of the impact of the Human Rights Act on the House of Lords. Drawing on a database of judgments from 1994 to 2007, changes in judgment‐giving behaviour are identified by charting patterns of agreement and dissent across different categories of case. Voting records are also examined in order to identify whether significant differences exist between individual Law Lords in their approach to human rights cases.     

社会性别与国际人权法

社会性别在 2 0世纪 80年代成为联合国框架下的一个重要分析范畴。社会性别分析超越了以往仅仅关注妇女为一个孤立群体的做法 ,强调审视政策、法律和项目对男女产生的不同影响和作用。女权主义法学引入社会性别分析透视普遍国际人权标准 ,提出从社会性别视角重新概念化国际人权规范与标准的必要性 ,以使其能够真正反映男女两性的经历、利益和需要 ,最终有利于保障两性平等和妇女平等享有各项人权和基本自由。联合国层面 2 0世纪 90年代以来致力于将妇女人权纳入人权活动的主流表明 ,社会性别主流化在日益发挥重要影响和作用     

Hierarchy in International Law: The Human Rights Dimension

Netherlands International Law Review -     

论国际人权立法的中国化——以民主权为中心

如何建立足以对接、通融国际人权理念的国内人权立法的整合机制,是国际人权立法中国化必须首先解决的问题。民主权是一种新兴的人权。民主权立法"中国化"面临着理念整合、合法性、有效性等困境,其具体克服路径即在于:通过直接进行普适性与特殊性的价值调适以实现理念整合,建构具备与公众参与及自治相关的正当程序内涵的立法制度,藉此导出各公共领域内民主权的具体内容并确立其实现与救济的相关法律制度。     

Kriangsak Kittichaisaree: International Human Rights Law and Diplomacy

Liverpool Law Review -     

社会保障的人权保护

国际人权条约将社会保障确认为人权的重要内容,使社会保障权表现为国家义务的形式,国家应努力创造条件使其向现实权利转化。从我国条约适用来看,已经生效的国际人权条约必须首先转化为国内法才能得到执行,表明了立法对于人权保护的重要性和基础性地位,而我国的社会保障立法滞后,难以满足现实需要。所以,应按照条约要求和国内实际情况,围绕社会保障权构建一个完备的权利保障法律体系,积极履行国际义务,加强社会保障的人权保护,促进社会保障权的实现。     

论国际人权法中的平等与不歧视

国际人权法对我国是越来越重要的领域 ,而几乎所有的国际人权文件都包含平等与不歧视的内容。平等与不歧视成为国际人权法的核心。本文着重论述和分析了主要的国际人权文件中有关平等与不歧视的规定 ,揭示了平等与不歧视既是一般原则又是一项独立的权利 ,从法律效力上讲 ,它已经具有了强行法的地位。国家在国际人权法下承担不歧视的积极义务。     

The Child in European Human Rights Law

This article examines the category of ‘the child’ in European human rights law, based on an analysis of the child‐related jurisprudence of the European Court of Human Rights. It argues that a full account of legal selfhood is constructed through the notion of ‘the child’ in this jurisprudence. The two notions – of ‘the child’ and ‘the self’ – are, from the outset, mutually dependent. The conceptualisation of ‘the child’ in human rights law is underpinned by an account of the self as originating in another and childhood is cast as enabling self‐understanding by making possible the formation of a narrative about the self. The vision of ‘the self’ that emerges is one of ‘the narrative self’, and I assess the implications of this both for the idea of childhood in which this narrative originates and for the vision of the human condition that is expressed in European human rights law more broadly.     

Social Movements and the Politics of Bureaucratic Rights Enforcement: Insights from the Allocation of Disability Rights in France

While research on legal mobilization shows how social movements contribute to the definition and implementation of rights, it remains excessively centered on litigation to the detriment of administrative rights enforcement. This article maps out how street‐level bureaucracies impact rights enforcement by distinguishing between allocation, access, and process, and analyzes how social movements intervene in these three aspects. It then focuses on allocation, using the case of French disability policy to analyze the forms of advocacy deployed by movement actors who take part in the rights allocation process at the local level. The article argues that conformity to institutional norms derives not so much from a pressure to conform as from the knowledge and experience of the limited means locally available to make rights effective. Further, it shows how advocacy is reframed from the defense of individual claims to a role of scrutiny and control of the bureaucratic allocation of rights.     

Islamic Law,Women's Rights,and Popular Legal Consciousness in Malaysia

Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question. The practical implications of these findings are demonstrated through examples of efforts by women's rights activists to reform family law provisions in Malaysia. The examples illustrate how popular misconceptions of Islamic law hinder the efforts of those working to reform family law codes while strengthening the hand of conservative actors wishing to maintain the status quo.