Issue 1, 2017
The Nordic Journal of Human Rights spring issue of 2017 features four research articles covering a wide range of human rights topics: the Convention on the Rights of Persons with Disabilities, tort law and human rights in business, the right to health care in Sweden, and legal regulation of religion in Myanmar.
Spring issue of the Nordic Journal of Human Rights, now available online! (Photo by: Anne Christine Lie)
On 24 November 2016, Jenny Goldschmidt held the annual Torkel Opsahl Memorial Lecture at the Norwegian Centre for Human Rights in Oslo, Norway. Goldschmidt is Emeritus Professor in Human Rights Law, and former Director of the Netherlands Institute of Human Rights. In this article, adapted from her lecture, Goldschmidt reflects on the innovative power and transformative potential of the Convention on the Rights of Persons with Disabilities (CRPD), in light of ideological discussions and approaches to questions about equality. Goldschmidt argues that the principles embedded in the CRPD have broader implications for human rights development.
Carola Glinski discusses the relationship between John Ruggie’s “Protect, Respect and Remedy Framework” and the UN Guiding Principles on Business and Human Rights and tort law. The analysis shows striking similarities between the duty of care element of the tort of negligence and the due diligence requirements set forth by Ruggie. Glinski further argues that the interplay between the Ruggie Framework and Guiding Principles, transnational business self-regulation and tort law could lead to an upward helix development of the consideration of human rights in corporate practice and in raising legal requirements for parent and core companies.
Anna Lundberg and Mikael Spång examine the content and scope of the right to health care for irregularised persons in Sweden in light of recent legislation. Lundberg and Spång provide an overview of the legislative changes and the inconsistencies in discussions on the right to health care for irregularised migrants. The authors argue that the Act on Health Care to Some Foreigners Who Reside in Sweden Without the Necessary Permits (2013) use “deportability” as a legal category and basis for health care. Lundberg and Spång’s study explains why this is problematic and why it undermines irregularised migrant’s right to health.
Iselin Frydenlund examines four laws passed in Myanmar in 2015 that ostensibly seek to “protect race and religion”. The laws seek to regulate marriages between Buddhist women and non-Buddhist men, to prevent forced conversions, to abolish polygamy and extra-marital affairs, and to promote birth control and family planning in certain regions of the country. Frydenlund investigates the rationale behind the new legislation and explains how two Buddhist protection movements and fear of “Islamisation” played a key role in passing this legislation.
Articles are available from Taylor & Francis for download.
Nordic Journal of Human Rights
(2017) Volume 35, Issue 1, pp 1-84.
Jenny E. Goldschmidt - ‘New Perspectives on Equality: Towards Transformative Justice through the Disability Convention?’, pp 1-14
Carola Glinski - ‘The Ruggie Framework, Business Human Rights Self-Regulation and Tort Law: Increasing Standards through Mutual Impact and Learning’, pp 15-34
Anna Lundberg and Mikael Spång - ‘Deportability Status as Basis for Human Rights Claims: Irregularised Migrants’ Right to Health Care in Sweden’, pp 35-54
Iselin Frydenlund - ‘Religious Liberty for Whom? The Buddhist Politics of Religious Freedom during Myanmar’sTransition to Democracy’, pp 55-73
‘Economic, Social, and Cultural Rights in Armed Conflict’, Giles Giacca - review by Thomas Bundschuh, pp 74-79
‘Justice in Conflict: The Effects of the International Criminal Court’s Interventions on Ending Wars and Building Peace’, Mark Kersten – review by Joanna Nicholson, pp 80-82