Issue 2, 2017
The May issue of the Nordic Journal features four research articles on the following topics: online privacy and data protection, human dignity and the right to health, the problem of land grabbing in Ethiopia, and honour-related violence and children’s rights.
Husen Ahmed Tura has written a hugely important article about the impact of land laws on smallholders’ and indigenous peoples’ right to adequate food in Ethiopia. The author offers a thorough analysis of Ethiopia’s land laws and practices and the importance of secure land rights for the enjoyment of the right to adequate food. Tura argues that Ethiopia violates its international obligations to respect, protect and fulfil the right to adequate food by enacting laws that facilitate arbitrary land grabbing and dispossession of smallholders without just compensation. Tura explains why land grabbing exacerbates food insecurity, and suggests some legal reform possibilities.
Rikke Frank Jørgensen and Tariq Desai provide a unique overview of the case law concerning privacy rights brought against the Internet giants Facebook and Google. The authors provide a detailed comparison of privacy protection in US and Europe. By analysing the complaints against these powerful online platform powerhouses, Jørgensen and Desai show the strengths and weaknesses of the current systems of privacy and data protection. They argue that both the European and US systems fail to address or question the business model behind these platforms - the incentives driving companies to maximise data collection.
Kenneth Acheampong has undertaken a case study analysis of a Botswana High Court case, Tapela and Another v Attorney General and Others, concerning the right of two HIV-positive non-citizen prisoners to access antiretroviral (ARV) medication at state expense. The government denied them ARV treatment on the basis that they were not citizens, even though the treatment was availed to citizen inmates. On 22 August 2014, the Botswana High Court in Gaborone ordered the government of Botswana to provide ARV medication to the prisoners. Acheampong argues that the case judgment affirms that the right to life entails the right to health. Acheampong shows how the judgment in Tapela is a potent example of the interrelatedness of human rights, and the importance of human dignity and a broad and pro-person interpretation of constitutional law.
Lisa Grans examines how international human rights law offers protection of children from honour-related violence. Grans shows how the positive obligations of states to protect children’s physical and psychological integrity often is a difficult balancing act between the child’s right to physical integrity against his or her right to private and family life. The article considers the extent of protection offered against less severe forms of honour-related violence through a comparison with corporal punishment. Grans outlines some important issues that must be taken into account when deciding how to effectively protect an individual against honour-related violence.
Nordic Journal of Human Rights
Husen Ahmed Tura – ‘Linking Land Rights and the Right to Adequate Food in Ethiopia: Normative and Implementation Gaps’, pp 85-105
Rikke Frank Jørgensen and Tariq Desai – ‘Right to Privacy Meets Online Platforms: Exploring Privacy Complaints against Facebook and Google’, pp 106-126
Kenneth Acheampong – ‘Human Dignity and the Human Rights of Botswana Prisoners of Foreign Origin Living with HIV/Aids’, pp 127-145
Lisa Grans – ‘Honour-Related Violence and Children's Right to Physical and Psychological Integrity’, pp 146-161
‘On Fantasy Island, Britain, Europe and Human Rights’ – Conor Gearty, review by Matthew Saul, pp 162-163
‘The Legitimacy of International Criminal Tribunals’- Nobuo Hayashi and Cecilia Bailliet (eds), review by Juan Pablo Perez-Leon-Acevedo pp 164-16
‘Blurring the Lines: Market-Driven and Democracy-Driven Freedom of Expression’ - Maria Edström et al (eds) review by Tijana Milosevic, pp 167-169