| 1. |
- Almahfali, Mohammed, et al.
(författare)
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Capitalizing on Freedom of Expression for Creativity : A Case Study of Dawit Isaak Library, Malmö, Sweden
- 2024
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Ingår i: Nordic Journal of Human Rights. - : Routledge. - 1891-8131 .- 1891-814X.
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Tidskriftsartikel (refereegranskat)abstract
- In democratic societies, cultural organizations function based on principles of freedom of expression. In non-democratic countries, promoting this fundamental value can be more challenging for such organizations and their actors. This paper explores potential interactions between structure and agency that can leverage freedom of expression, creating an environment conducive to development and creativity. Semi-structured interviews were conducted with human rights experts and employees of Dawit Isaak Library in Malmo, Sweden. The paper finds that capitalizing on freedom of expression is interdependent with other resources, and that financial autonomy is an essential aspect. This can be achieved through various means, including strategic partnerships, careful sponsorships, collaborations with like-minded cultural entities, and the establishment of independent financial foundations through endowment funds and crowdfunding initiatives. We argue that it is crucial to strengthen the efforts of institutions active in this domain while supporting individuals' and groups' agency to create change in non-democratic societies. The paper also emphasizes the role of cultural and symbolic capital, highlighting the significance of exercising caution and striking a balance between freedom of expression and other human rights principles to prevent conflicts and safeguard vulnerable groups' rights.
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| 2. |
- Anckar, Carsten, et al.
(författare)
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Diffusion and the Abolition of the Death Penalty : A Global Comparison
- 2024
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Ingår i: Nordic Journal of Human Rights. - : Routledge. - 1891-8131 .- 1891-814X.
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Tidskriftsartikel (refereegranskat)abstract
- We identify four patterns of diffusion that are likely to explain how trends in death penalty usage spread among countries. The first is geographic proximity, which creates dependency relations between nations that in turn affect the spread of changes in death penalty regimes. The second is global diffusion, meaning processes that spread ideas globally. The third is cultural homogeneity, which can be expected to be conducive for diffusion; studies show that countries similar in terms of language and religion influence each other to a great extent. Finally, similar colonial heritage, which can establish cultural and institutional ties between countries. This study encompasses all independent countries of the world over the period 1800 to 2021. In addition to measures of diffusion, a number of control variables are introduced. Relationships are measured using statistical techniques complemented by qualitative analyses.
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| 5. |
- Bergman Rosamond, Annika, et al.
(författare)
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Gender, Climate Breakdown and Resistance: The Future of Human Rights in the Shadow of Authoritarianism
- 2022
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Ingår i: Nordic Journal of Human Rights. - : Informa UK Limited. - 1891-8131 .- 1891-814X. ; 40:1, s. 133-152
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Tidskriftsartikel (refereegranskat)abstract
- In this article we examine the future of human rights by looking at how ‘authoritarianism’, in its multifaceted forms and manifestations, intersects with existing discourses on climate change, environmental protection, populism and ‘gender deviance’. By adopting an intersectional lens, we interrogate the emergence of the right to a healthy environment and reflect on whether it will help against the double challenge faced by human rights: of climate breakdown and rising authoritarianism. We study the link between authoritarianism and populism, focusing on far-right populism and the creeping authoritarian features that we can associate with far-right groups, both movements and parties. We also consider how certain understandings of nature and the environment are put forward by authoritarian regimes. This leads us to consider so-called ‘ecologism’ and the ways in which far-right movements draw upon green thought on the natural environment to further a gendered agenda based on conceptions of nature as a ‘national treasure’. These conceptions, as we demonstrate, go hand in hand with policies that promote national identity and directly undermine the rights of migrants, ethnic minorities, women and LGBT+ groups.
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| 6. |
- Gill-Pedro, Eduardo, et al.
(författare)
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The Duty of Mutual Trust in EU Law and the Duty to Secure Human Rights : Can the EU's Accession to the ECHR Ease the Tension?
- 2017
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Ingår i: Nordic Journal of Human Rights. - : Informa UK Limited. - 1891-8131 .- 1891-814X. ; 35:3, s. 258-274
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Tidskriftsartikel (refereegranskat)abstract
- The principle of mutual trust has been a central pillar of the European integration project, first as a tool for market integration, and as the European Economic Community became the European Union, as a mechanism for a more wide ranging integration of the legal orders of the member states. The EU now has legislation in place which imposes obligations on member states to trust each other's civil and criminal justice systems, immigration and asylum law, and family law. But these obligations of trust imposed by EU law may conflict with obligations that member states have to secure the rights under the ECHR. Accession by the EU to the ECHR was supposed to resolve this conflict, but in its Opinion 2/13, the Court of Justice appeared to have dealt a fatal blow to this solution. This article explains the tension between the EU principle of mutual trust and the duty to secure ECHR rights. The article examines the most recent case law of the CJEU and the ECtHR in order to assess whether a resolution of this tension has been found, and whether the EU's accession to the ECHR will be possible.
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| 7. |
- Hellqvist, Sara
(författare)
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Access to Justice for Wrongful Conviction Claimants in Sweden : The Final Legal Safeguard and Levels of (In)accessibility
- 2021
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Ingår i: Nordic Journal of Human Rights. - : Informa UK Limited. - 1891-8131 .- 1891-814X. ; 39:3, s. 320-338
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Tidskriftsartikel (refereegranskat)abstract
- Although there is no common right to contest convictions in Europe, the prevention of miscarriages of justice plays a central part within the European legal framework and the formulation of human rights, and scholars have described the conviction of innocents as one of the biggest justice gaps in contemporary society. However, little attention has been focused on directing a critical gaze at the legal path individuals are obliged to take towards possible exoneration, i.e. the post-conviction review process. Drawing on legal claims relating to potentially wrongful convictions in Sweden, the aim of this article is to examine the accessibility of this remedy. The findings were studied through the lens of access-to-justice theory and illustrate the difficulties these persons have formulating a satisfactory application unless they receive legal support. This suggests that, in practice, having access to the review remedy is in many cases equivalent to having access to legal assistance. Yet convicted persons are generally not entitled to any legal support once the appellate procedure has come to an end. The worst-case scenario is that a lack of resources may result in potentially innocent persons remaining convicted for crimes they have not committed.
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| 8. |
- Holm, Fanny, 1980-
(författare)
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Extraterritorial Justice : Can Swedish Trials Provide Remedies to Victims of Atrocity Crimes?
- 2021
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Ingår i: Nordic Journal of Human Rights. - London : Taylor & Francis. - 1891-8131 .- 1891-814X. ; 39:3, s. 300-319
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Tidskriftsartikel (refereegranskat)abstract
- Accountability for serious human rights violations and atrocity crimes has established itself at the top of the international community’s legal agenda, not least to serve justice to the victims of the crimes. Efforts to refer the atrocities in Syria to the permanent International Criminal Court have been in vain, highlighting the need for third states exercising extra-territorial jurisdiction. Sweden has answered the call to investigate the crimes, and the strong position afforded to victims of crime in the Swedish criminal justice system suggests that it is well-suited to provide them the justice they are entitled to. This article draws on the experiences gained in the seven trials to date in which victims have participated, to assess the extent to which international legal obligations towards the victims are implemented and were accessible to the victims. Through analysis of legal documents and interviews, the author demonstrates that, while the Swedish system has been fulfilling a wide range of international legal obligations towards victims of crime, the remoteness in time and place, the large number of victims involved and other specifics of the investigations and trials, challenge several central aspects of the Swedish system, such as the right to information, support and reparation.
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| 9. |
- Holm, Fanny, 1980-
(författare)
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Successful human rights implementation? Victims of crime and the Swedish example
- 2022
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Ingår i: Nordic Journal of Human Rights. - : Routledge. - 1891-8131 .- 1891-814X. ; 40:4, s. 529-548
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Tidskriftsartikel (refereegranskat)abstract
- Consideration of victims and how best to acknowledge their rights and position in the criminal prosecution process has become an intrinsic part of the drafting and negotiation of new international criminal law instruments. In studies of states’ implementation of international victims’ rights, Sweden often places at the top of the class. This article challenges the concept of successful implementation of human rights norms by critically analysing the conformity of Swedish law with international legal obligations towards victims of crime. It further contributes to existing literature describing the factors that may facilitate or obstruct such implementation, and demonstrates that Sweden’s position as a model of successful implementation is more the result of the historical position given to victims of crime in the country than of its commitment to live up to its international obligations. The article also raises doubt as to the Swedish government’s commitment to assuring that Swedish national law upholds its present conformity with international law norms, protecting victims into the future.
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| 10. |
- Johansson Lopez, Sara
(författare)
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Protecting Traditional Knowledge: Lessons from Global Case Studies : by EvanaWright, Cheltenham, UK, Northampton, USA, Edward Elgar, 2020, 288 pp., £20/$26, ISBN 9781788978842
- 2023
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Ingår i: Nordic Journal of Human Rights. - : Taylor & Francis. - 1891-8131 .- 1891-814X. ; 41:1, s. 123-125
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Recension (refereegranskat)
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