Document and Analyze: The Legacy of Klemperer, Fraenkel and Neumann for Contemporary Human Rights Engagement

Human rights discourse has been criticized for being legalistic, decontextualized, and failing to focus on factors explaining violations. Victor Klemperer’s diaries chronicled the life and suffering of a German Jew in Nazi Germany and the manipulation of language by a totalitarian regime. Ernst Fraenkel’s Dual State and Franz Neumann’s Behemoth set out theories offering profound insights into the legal and political nature of the Nazi system. Revisiting their work from a human rights perspective is richly rewarding, providing examples of engaged scholarship that combined documentation and critical analysis. Their writings hold important lessons for contemporary human rights engagement and its critics

The Prohibition of Torture and Persons Living in Poverty: From the Margins to the Centre

Torture of persons living in poverty has traditionally been at the margins of human rights interventions that have primarily focused on political and conflict related torture. This article examines the extent to which the evolving practice of human rights bodies and organisations evidences an emerging paradigm shift. It finds that a combination of a growing body of empirical research, novel approaches by human rights organisations and the work of bodies such as the Subcommittee on Prevention of Torture has increasingly brought into focus the heightened vulnerability to torture resulting from economic marginalisation and discrimination. Drawing on evidence of innovative practices, the article develops the framework for a contextual approach to the interpretation and implementation of States’ obligations under the prohibition of torture that is alive to the realities of systemic violence and the nexus between poverty and torture