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Corte Interamericana de Derechos Humanos
Boletín No. 195, Año 9, 2016
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Confronting the Dictatorial Past in Tunisia: Human Rights and the Politics of Victimhood in Transitional Justice Discourses Since 2011.
Kora Andrieu.
En: Human Rights Quarterly.
Vol. 38, No. 2 (may. 2016).


Resumen: While the goals of transitional justice encompass more than the law, the field has been long-dominated by a legal paradigm that defines it primarily as a judicial answer to mass atrocities. Throughout this legalistic approach, the field of transitional justice built itself in a stated opposition to politics and put forward its own discourse of "depoliticization" as an intrinsic value. This article explores, through an analysis of Tunisia, the limits of such detachment of the field of transitional justice from politics. Discourse on "facing the past" in Tunisia was rapidly instrumentalized in a political fashion: by putting forward specific types of victims or by promoting certain forms of reparations. A different account of Tunisia is explored, and thereby, a different form of political project also emerges.


The Rights of Man and the Rights of the Man-Made: Corporations and Human Rights.
Turkuler Isiksel.
En: Human Rights Quarterly.
Vol. 38, No. 2 (may. 2016).



Resumen: This article critically examines the incipient arrogation of human rights discourse in the context of international investment arbitration, ere the claims of firms are often articulated and adjudicated with language and standards borrowed from human rights law. This development, which the article describes as the dehumanization of human rights, is part of a larger process whereby international economic institutions accord legal recognition and certain protections to private economic actors. The article traces the important implications of business corporations being considered as bearers of human rights for determining the proper scope and purpose of international human rights norms, and for conceptualizing their relationship to constitutional democracy.


Human Rights and the use of Autonomous Weapons Systems (AWS) During Domestic Law Enforcement.
Christof Heyns.
En: Human Rights Quarterly.
Vol. 38, No. 2 (may. 2016).

   

Resumen: Much attention has been paid during the last couple of years to the emergence of Autonomous Weapons Systems (AWS), weapon systems that allow computers, as opposed to human beings, to have increased control over decisions to use force. These discussions have largely centered on the use of such systems in armed conflict. However, it is increasingly clear that AWS are also becoming available for use in domestic law enforcement. This article explores the implications of international human rights law for this development. There are even stronger reasons to be concerned about the use of fully autonomous weapons systems—AWS without meaningful human control—in law enforcement than in armed conflict.


Chronicity and Pseudo Inheritance of Social Exclusion: Differences According to the Poverty of the Family of Origin Among Trash Pickers in León, Nicaragua.
José Juan Vázquez y Sonia Panadero.
En: Human Rights Quarterly.
Vol. 38, No. 2 (may. 2016).


Resumen: This article analyzes different aspects of people (n = 99) who make their living collecting trash from dumps in León, Nicaragua, one of the countries with the lowest levels of development in Latin America. This group is difficult to access, heavily stigmatized, lives in chronic and extreme poverty and their families were also poor. The results show that the pickers in León whose families were poorest had the highest illiteracy rates, were poorest in health, had experienced more stressful life events, and had poorer future expectations. Negative health and life circumstances, low levels of education, and fatalism may lead to the pickers' situations of social exclusion becoming chronic.


Nepali Widows' Access to Legal Entitlements: A Human Rights Issue.
Pamela G. Poon, Kiely Houston, Abina Shrestha, Rajin Rayamajhi, Lily Thapa y Pamela J. Surkan.
En: Human Rights Quarterly.
Vol. 38, No. 2 (may. 2016).

   

Resumen: Despite legal reforms, Nepali widows face barriers in exercising their property rights. This article provides a qualitative perspective on Nepali widows' understanding of their rights and their ability to pursue legal entitlements due to widowhood. In-depth interviews and focus groups were conducted with seventy-six Nepali widows, four paralegals, and three key informants. They demonstrate that widows have limited success in exercising their property rights and seeking government benefits primarily because of a dominant patriarchal society, familial traditions, and bureaucratic restrictions. Nepali widows' continued denial of property constitutes a human rights violation that Nepal's new government should seek to redress.


Questioning Samuel Moyn's Revisionist History of Human Rights.
Sarita Cargas.
En: Human Rights Quarterly.
Vol. 38, No. 2 (may. 2016).


Resumen: The foundations of human rights are a contested subject, including whoinfluenced them and what they are. The historiography may be divided into two sides: the continuous history group and the recent origins group. The former consists of scholars who find that human rights began in much earlier time periods and evolved into today's human rights regime. However, the latest trend is to argue against a progressive history. Samuel Moyn most popularly represents it in his books: The Last Utopia: Human Rights in History and Human Rights and the Uses of History. He claims that today's human rights ideology arrived on the world stage de novo in 1977 with President Jimmy Carter's inaugural address. This article demonstrates four weaknesses in Moyn's findings calling into question the revisionist history.


How International Human Rights Transformed the US Constitution.
David L. Sloss.
En: Human Rights Quarterly.
Vol. 38, No. 2 (may. 2016).


Resumen: Adoption of the UN Charter and the Universal Declaration of Human Rights created a new international norm prohibiting racial discrimination. This antidiscrimination norm had been a part of the "paper Constitution" in the United States since the adoption of the Fourteenth Amendment. However, it did not become a part of the living Constitution until the Fourteenth Amendment was subjected to the magnetic pull of international human rights law. Adoption of the Charter sparked a chain of events culminating in the Supreme Court decision in Brown v. Board of Education, which heralded the end of apartheid in the United States.


Forced Marriage, Slavery, and Plural Systems: An African Example.
Jody Sarich, Michele Olivier y Kevin Bales.
En: Human Rights Quarterly.
Vol. 38, No. 2 (may. 2016).


Resumen: This article traces the position of forced and child marriages in international law, and investigates how legality becomes a moveable target when legal systems exist in parallel. Despite international and African Union conventions on slavery and human rights declaring that marriages not based on the full and free consent of both parties are considered a violation of human rights and a form of slavery, these practices persist. These instruments are assessed to gauge the level of conformity (or variance) of African state practice where forced marriages commonly occur. Importantly, the reasons behind noncompliance and the impact of legal pluralism are explored in African states where forced marriages commonly occur.



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