La situation politique et sociale en Haiti : aout 1963

v, 27 leaves ; 28 cm

Unnatural Offences : obstacles to justice in India based on sexual orientation and gender identity

"This report employs a similar understanding of access to justice in the context of queer persons in India. As the observations by the Special Rapporteur above indicate, access to justice is both a procedural and substantive concept that includes several relevant rights, such as equality and nondiscrimination, the right to recognition as a person before the law, and the right to effective remedies.

Balancing Security and Human Rights: Post 9/11 Reactions in United States and Europe

The acts of 11 September 2001 demonstrated how vulnerable civilians are; in any part of the world, to terrorist attacks. This awareness led to a determined response by the international community to fight international terrorism iri all its forms. As governments and international organizations alike reevaluated the effectiveness and appropriateness of their counter-terrorist measures, the challenge emerged of conducting the fight against terrorism while respecting human rights and civil liberties. In fact, the wide consensus that actions are necessary to confront terrorism does not undermine the necessity to balance human rights considerations and preserve the democratic process. As portrayed throughout this book, measures to confront terrorism are multifaceted and complex. This chapter examines policies adopted to confront international terrorism, with special attention paid to their implications for:, human rights and personal freedoms, comparing the United States, the European Union and specific EU member states

Overcoming Liberal Democracy: “Threat Governmentality” and the Empowerment of Intelligence in the UK Investigatory Powers Act

The sudden rise of the socio-political importance of security that has marked the twenty-first century entails a commensurate empowerment of the intelligence apparatus. This chapter takes the Investigatory Powers Act 2016 as a vantage point from where to address the political significance of this development. It provides an account of the powers the Act grants intelligence agencies, concluding that it effectively legalizes their operational paradigm. Further, the socio-legal dynamics that informed the Act lead the chapter to conclude that Intelligence has become a dominant apparatus within the state. This chapter pivots at this point. It seeks to identify, first, the reasons of this empowerment; and, second, its effects on liberal-democratic forms, including the rule of law. The key reason for intelligence empowerment is the adoption of a pre-emptive security strategy, geared toward neutralizing threats that are yet unformed. Regarding its effects on liberal democracy, the chapter notes the incompatibility of the logic of intelligence with the rule of law. It further argues that the empowerment of intelligence pertains to the rise of a new threat-based governmental logic. It outlines the core premises of this logic to argue that they strengthen the anti-democratic elements in liberalism, but in a manner that liberalism is overcome

Joint Submission to the Human Rights Committee: Draft General Comment 36 on Article 6, on the Right to Life

Columbia Law School’s Human Rights Clinic, the International Commission of Jurists, the Open Society Justice Initiative, the American Civil Liberties Union, and Rights Watch (UK) welcome the opportunity to provide the Human Rights Committee (the Committee) with the following observations on its draft General Comment on Article 6 (the draft) of the International Covenant on Civil and Political Rights (the Covenant) on the right to life, ahead of its second reading

Lost in transition: linking war, war economy and post-war crime in Sri Lanka

Scholars continue to draw attention to the link between the war economy and post-war crime. The majority of these studies are about cases of civil war that ended with peace agreements. Sri Lanka’s civil war ended with a military victory for the state armed forces; thus, it can help shed new light on the above link. Situated in the war economy perspective, this article investigates the dominant types of crimes reported from post-war Sri Lanka and the mechanisms linking them with the war economy. The culture of impunity, continued militarisation and enduring corruption are identified as key mechanisms through which the war economy and post-war bodily and material crime are linked. It suggests, although the ‘victors’ peace’ achieved by state armed forces was able to successfully dismantle the extra-legal war economy run by the Liberation Tigers of Tamil Eelam, it was responsible for promoting criminality in the post-war period. Overall, this points to the urgency of breaking away from legacies of the state war economy in the post-war period, before introducing programs of longer term political and economic reform

‘Repeal the 8th’ in a Transnational Context: The Potential of SRHRs for Advancing Abortion Access in El Salvador

This article undertakes a discursive feminist reading of citizenship and human rights to understand, through the cases of Ireland and El Salvador, domestic abortion rights movements as part of a transnational women’s rights movement. While abortion has been partially decriminalised in Ireland, approximately 42 per cent of the world’s women1 of reproductive age still live in a country where abortion is prohibited entirely or only permitted to save a woman’s life or health (Singh et al., 2018, p. 4). In El Salvador, abortion is illegal and those suspected of having the procedure are prosecuted. As in Ireland, since 2012/2013 numerous controversies have brought the issue to wider public attention and have further galvanised the feminist movement to campaign for reform. Feminist abortion rights campaigns in both countries have connected important sites of activism and contestation: civil society, national parliaments, regional human rights systems and the United Nations

Unnatural Offences : obstacles to justice in India based on sexual orientation and gender identity

"This report employs a similar understanding of access to justice in the context of queer persons in India. As the observations by the Special Rapporteur above indicate, access to justice is both a procedural and substantive concept that includes several relevant rights, such as equality and nondiscrimination, the right to recognition as a person before the law, and the right to effective remedies.