Right-wing Research Articles

We are Who we Represent: A Theory of “Immersive” Representation in Student Activism

Abstract Children and young people have a right to freedom of association and to have their views given due weight when they act collectively. However, when they come together in groups to engage in collective action, in school and elsewhere, they are often criticised for not being “representative” of all/other young people. The concept, while frequently cited, remains undefined and fails to incorporate how young people understand, experience and enact representation. This article presents data from an empirical study with youth activists who established a Secondary Schools Students’ Union during the Covid-19 pandemic to lobby for change in education decision-making. The study was carried out as a collaboration between two university-based researchers and two secondary school students who were founding members of the union. Drawing on focus groups and interviews with union executive members, this article presents findings that convey young people’s navigation of adults’ perceptions of their representativeness, focusing on issues of legitimacy and efficacy. Based on this study, we propose a new youth co-authored and youth-informed theory of representation that conceptualises it as immersive and mutually symbiotic and, we suggest, enables meaningful implementation of child and youth activists’ civil and political rights.

The road (not) taken: implications of health-focused arguments for rights-based climate change litigation in Europe

ABSTRACT Rights-based climate change litigation has become central to advancing mitigation ambition across the globe. This article analyses trends in legal argumentation in such litigation at the supranational level and identifies two principal arguments commonly employed by litigants: the adverse effects of climate change on human health or culture. The study reveals that claims based on the European Convention on Human Rights (ECHR) almost exclusively engage with health-based arguments, while culture-based arguments are more prevalent in cases brought under the International Covenant on Civil and Political Rights and the American Convention on Human Rights. Various factors are explored to elucidate the reason for this distinction, including the types of applicants, the absence of an explicit right to culture in the ECHR, the European Court of Human Rights’ earlier environmental jurisprudence, and perceptions of justiciability. In doing so, the analysis sheds light on the potential implications of the differing approaches to rights-based climate change litigation before the European Court of Human Rights. This includes the Court’s landmark judgment in Verein KlimaSeniorinnen and others v Switzerland as well as implications for future cases. This research offers critical insights on the strategic direction of rights-based climate change litigation, including its possible limitations.

Legal Protection For Syrian Refugees In Jordan

This Study Aims To Clarify The Nature Of The Rights And Guarantees Provided By International Humanitarian Law To Syrian Refugees In Jordan. Study Employed Both The Legal Method And The Case Study Method. The Findings Indicate That Jordan Is Deeply Committed To Covenants Related To Refugee Rights, Particularly The International Covenant On Civil And Political Rights And The International Covenant On Economic, Social, And Cultural Rights. Jordan Has Ratified Most Of The Relevant Covenants And Agreements. Despite Not Being A Signatory To The 1951 Refugee Convention, Jordan Has Approached The Issue Of Syrian Refugees With A High Level Of Humanitarianism. The Jordanian Government Refers To Syrian Refugees As "Guests" Rather Than Refugees. The Study Recommends The Development Of A Clear And Specific National Strategy For Dealing With Refugees, Particularly If The Crisis Persists For Many Years. Additionally, It Emphasizes The Importance Of Considering The Unique Circumstances Of Asylum Seekers, Such As The Burden Of Proof And Their Psychological Condition.

Technology is never neutral: Robodebt and a human rights analysis of automated decision-making on welfare recipients

ABSTRACT Government agencies have embraced automated decision-making systems, particularly in welfare, despite the risk of mass-replicated erroneous decision-making creating systemic issues. This article uses Robodebt as an Australian case study with global ramifications to argue that government agency use of erroneous automated decision-making systems in welfare raises human rights concerns. First, this article examines the shortcomings of administrative law in a digital welfare context. Second, the article closely analyses the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights and identifies several human rights concerns raised by Robodebt. This article then examines ex-ante impact assessment models and concludes by recommending an obligation on government agencies to conduct a human rights impact assessment before deploying an automated decision-making system. By demonstrating the human rights implications on welfare recipients arising from automated decision-making systems, this article justifies the use of international human rights law as a complementary framework.

Theoretical and Legal Foundations for the Protection of Environmental Rights as Part of Political Rights in Kyrgyzstan

This article examines the theoretical and legal foundations for the protection of environmental rights as integral components of political rights in the Kyrgyz Republic. It explores the evolution of environmental rights within the broader framework of human rights and political freedoms, highlighting their significance in the context of sustainable development and democratic governance. The study analyzes the existing legal frameworks, including constitutional provisions and international agreements, that support the recognition and enforcement of environmental rights in Kyrgyzstan. It also addresses the challenges and opportunities in integrating environmental rights into the political rights discourse, emphasizing the role of civic engagement, public policy, and legal reforms. The findings underscore the importance of strengthening legal mechanisms to ensure the effective protection of environmental rights as fundamental political rights, contributing to the overall enhancement of environmental governance in the Kyrgyz Republic.

National Characteristics of the Kyrgyz Republic Regarding the Priority of Human Rights and Freedoms

This article discusses the national characteristics of the priority of political rights and freedoms of individuals and citizens in the Kyrgyz Republic. The authors examine the development of normative legislation in the Kyrgyz Republic. At the current stage, an important part of the human rights institution and its further phased development since independence are highlighted. The necessity of maintaining a balance between the priority of human rights and freedoms and national security is noted.

Anti-Populism of the Left, Right, and Centre: Varieties of Anti-Populist Party Politics in the European “Populist Moment”

AbstractThis paper examines varieties of anti-populist party politics from left to right that emerged against the backdrop of the much-discussed “populist moment” of the mid- to late 2010s in Europe. Situating the analysis in the special issue’s interest in an “anti-populist moment” that discursively co-constituted this “populist moment,” the paper keys in on the anti-populist campaign discourses of three political parties that took centre stage in the 2017 national parliamentary elections in their respective countries: GreenLeft in the Netherlands, the Christian Democratic Union (CDU) in Germany, and the Civic Democratic Party (ODS) in the Czech Republic. Drawing on and further developing a discursive approach to anti-populism as a political logic following Essex School or post-foundational discourse analysis, the paper identifies three distinct anti-populist constructions of the perceived threat of “populism”: a left-wing agonistic equating of populism with right-wing politics, a liberal-conservative claim to the centre ground against a horseshoe-like populist threat from left and right, and a right-wing appeal to resist an unholy alliance of “populists and communists.” The analysis situates each variety of anti-populism diachronically in these parties’ previous discursive-strategic orientations, especially their anti-far-right (GreenLeft) or anti-communist (CDU, ODS) appeals, as well as their subsequent developments over time.

Central banks, economic statecraft and offshore banking: Comparing financial internationalization strategies in Latvia and Estonia

Small states play a critical role in the operation of the Global Wealth Chains, storing capital assets and funnelling financial flows. However, the knowledge of how such practices of financial transit emerge remains scant. Focussing on the 1990s as the formative decade of post-Soviet capitalism, the article focuses on the variegated financial internationalization in the Baltics, as Latvia developed a vibrant offshore banking sector, whereas Estonia pursued complete Westernization in bank ownership. Challenging the literature that relates the emergence of Baltic offshore finance with right-wing politics, and existing trade and cultural links with Russia, the article argues that the varieties of financial internationalization in the Baltics were due to ‘economic statecraft’ by the Central Banks (CBs). Drawing upon a survey of CB reports, parliamentary speeches, press archives, memoirs, and elite interviews, the article argues that the Baltic CBs’ path-setting decisions shaped the two distinct financial internationalization paths through three interventions: currency reforms, agenda setting, and banking regulation. Drawing on the literature on social embeddedness of CBs, the article attributes the differences in the two CB approaches to their informal alliances with broader society – domestic financiers in Latvia and the government in Estonia.

Pansy asses and terrorists: Sensibilities of anti-environmentalist toxic speech against Extinction Rebellion Finland

Hate speech against environmental activists has been on the rise globally, alongside a forceful criminalization of the climate movement in Western Europe. This article analyses anti-environmentalist speech and actions against Extinction Rebellion (XR) Finland, an environmental movement that employs non-violent direct action and civil disobedience to persuade individuals and institutions to address the ongoing ecological emergency. The materials consist of online commenting evoked by the news coverage of XR Finland’s protests in October 2022 and May 2023, and ethnographic data from the protest sites. The data ranges from scorn and stigmatizing insults to fantasies of violence and physical assaults at the demonstration sites. The article discusses this data through the concept of toxic speech and explores the different sensibilities of such speech: (1) the ironic and dismissive sensibility, (2) the emotionally invested sensibility and (3) the punitive, resentful sensibility. This article highlights how these sensibilities and related affective practices are embedded in and compounded by gendered, class-based, ageist and ableist systems of power and argues that anti-environmentalist toxic speech contributes to environmental activism’s delegitimization and stigmatization. It suggests that toxic speech normalizes violence towards activists and can ultimately violate activists’ civil and political rights.

Treatment of Non-Muslim Minorities in Islamic Nations: Prophetic Principles

This study aimed to clarify the prophetic rules concerning the relationship with non-Muslims in the Islamic society. The descriptive approach is used, and the findings revealed that the Prophetic controls in this regard are intellectual and cultural controls such as endorsing religious pluralism and ensuring learning and education without corruption or promoting atheism, as there is no compulsion in religion while guaranteeing the right to build and restore churches and places of worship. The study also reveals political and human rights controls such as respect for a decent life, and the sanctity of the human soul, which cannot be robbed or diminished except under legal conditions. These controls appear in prominent rights such as the right to citizenship, the right to political and professional work, and the right to justice. There are also economic and financial controls such as justice in acquiring rights and performing duties in a way that guarantees non-Muslims their economic stability. These include the right to protect money, freedom to work and earn, the right to guarantee the treasury, and their right to alms from rich Muslims. The results also showed social and family controls such as good family cohabitation and maintaining social ties and bonds. These controls are represented in the right to cohabitation, and the right to marry and divorce.

The curious genealogy of the “executive state”: A critical review of the latest administrative reform in Greece

Abstract This article critically discusses the latest reform of the Greek administration system, which took the form of an Act establishing an “executive state.” It intends to make two contributions to the existing literature. First, it offers a critique of the executive state. Existing critiques generally focus on the bureaucratic concentration of powers in the office of the Prime Minister or the abandonment of positive elements found in previous reform attempts. However, they largely accept the reform as a technical response to the crisis. In contrast, this article presents a comprehensive critique that fully addresses the historic origins and contemporary significance of the notion and institutional forms of the executive state, revealing it as a political, rather than technical, measure that reflects deeper views about the relationship between the state, the economy, and society. Additionally, the article assesses the two main effects of this administrative reform—the centralization and depoliticization of policymaking—as manifestations of an authoritarian shift. The second contribution concerns the literature on authoritarian liberalism, which examines the authoritarian tendencies inherent in liberal forms and ideals. While several authors have explored the authoritarian tendencies of institutional reform in the face of crisis, this article seeks to explore the authoritarian phenomenon as part of a process of market capture and to examine its effects specifically on administrative law and structures. Ultimately, this article argues that administrative reform in Greece follows a rather sinister genealogy, and must be understood as an essential counterpart to the generalized and sustained attack on social and political rights following the dictates of the market.

HUMAN RIGHTS AND CRIMINAL PROCEDURE

Human rights in criminal processing are crucial for ensuring justice and protecting individual freedoms within legal systems. This paper examines the integration of human rights standards throughout various stages of criminal processing, from arrest and investigation to trial and sentencing. It highlights key rights, such as the right to be free from torture and inhumane treatment, the right to legal representation, the right to be informed of charges, and the presumption of innocence. The influence of international human rights instruments, including the Universal Declaration of Human Rights (UDHR) and the on Civil and Political Rights (ICCPR), on shaping national policies and practices is explored. Additionally, the paper addresses contemporary issues such as discrimination, wrongful convictions, and the impact of technological advancements on privacy rights. The study underscores the need for continuous reforms and robust oversight mechanisms to ensure that criminal processing aligns with human rights principles, ultimately fostering a fair and equitable justice system.

Redefining Protection: Challenges and Solutions in Safeguarding Religious Minorities within International and Regional Legal Frameworks

This paper examines the challenges in defining and safeguarding religious minorities within international and regional legal frameworks. It explores the main research question of how existing legal instruments and definitions impact the protection of religious minorities and aims to propose recommendations for improving these protections. Through a literature review and critical analysis of international and regional legal frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and various regional instruments, the paper identifies significant gaps and inconsistencies in current protections. Key issues highlighted include the lack of a universally accepted definition of religious minorities, the limitations of international and regional instruments, and the varying interpretations of religious rights by bodies such as the European Court of Human Rights. The paper concludes with recommendations for clearer definitions, more robust legal provisions, and enhanced international and regional cooperation to better safeguard the rights of religious minorities. The findings emphasize the need for more effective approaches to protecting religious diversity and ensuring proper representation.

The fragrance of ghee: food aesthetics, food insecurity and policy dreams

In this short article, we call for policy makers, activists and academics to take account of food aesthetics of economically and racially marginalised people – especially women – when understanding and intervening in food distribution. Although it may seem that aesthetics and poverty are mutually exclusive, and somewhat provocative to suggest that food aesthetics, when understood more expansively, aesthetics is an important aspect of domestic food work, as our findings from our research with British Bangladeshi women from Tower Hamlets on low incomes and responsible for social reproductive labour in their families and communities attest. We draw inspiration from feminist philosophy of food and taste, and everyday domestic aesthetics. Reflecting on our data, we combine these philosophies with Krishnendu Ray’s critique of food sociologists who imagine that people on low incomes lack a sense of beauty because their lives are dominated by their life of suffering. To conclude, we propose that food aesthetics should become part of the politics of food distribution and rights.

노동인권교육의 재구조화와 수업 전략들

Labor brings big effect on human life. Therefore, if we hope people live with human dignity, the whole human rights must be applied to labor. But, in now, the whole human rights is not applied to the current labor related human rights education. For example, in the current labor related human rights education, human rights in labor is limited to article 23, 24 of universal declaration of human rights, and political rights is not applied to labor. And the current labor related human rights education focus on civil rights rather than human rights, and the content of the current labor related human rights education is a little abstract. Therefore, the current labor related human rights education need to be reconstructed in perspective of the whole human rights. The Alternative labor related human rights education have to make contributions for students to has well being (eudaimonia) based on human rights, and to examine labor history critically in perspective of the whole human rights, and to examine the structure of labor in the contemporary society critically in perspective of the whole human rights and to make labor to be human rights friendly. And The Alternative labor related human rights education must teaches laborer’s political rights as well as labor’s three primary rights. And The Alternative labor related human rights education must make much efforts for youth’s labor and labor in future to be well-being(eudaimonia) based on human rights and make much efforts for the whole human rights to be applied to labor. Labor must not be performed only for economic logic. It must be performed for all people’s well-being and human dignity.

Feminist Movement in Turkey in the 1990s

According to a feminism worldview, women should have economic, social, civil, political, and cultural rights. For this, women need to go a long, controversial and interesting path. On the one hand, they are aware of their place in society, in the state, and on the other hand, they are trying to change the cultural norms that cause oppression. Turkey is the only country in which the majority of the population is Muslim, and at the same time, it is a candidate for EU membership. Turkey has managed to create a progress-oriented state. This is a well-planned and calculated path with predetermined steps, paved with the reforms of the founder of the republic, Mustafa Kemal Atatürk (1881–1938). The problem of feminism is one of the most lively topics in republican Turkey. The processes taking place in the Ottoman Empire at the end of the 19th century and at the beginning of the 20th century prepared a solid ground for further development of the feminist movement. On October 29, 1923, after Turkey was declared a republic, the feminist movement took a new direction. The feminist movement in Turkey went through three periods. The first period includes the processes of the collapse of the Ottoman Empire and “Europeanization”, which led to the advancement of the women’s problems to the fore and the active struggle for the rights and place of educated Ottoman women in society. The second period was determined by the civil law on the participation of women in elections, adopted in republican Turkey in 1926. And the third one was the period of the 1990s, when the feminist movement became more widespread and active. Feminist policies have been founded and carried out, the role of women in government structures has increased; feminist organizations were created in Istanbul, Ankara and Antalya, etc. In the 1990s, the movement of Muslim feminists, Islamist women, known as “Islamic feminism”, became active in Turkey. After the creation of the republic in Turkey, religious associations came under the direct subordination and control of the state. There have been prepared various projects to solve women’s problems. Centers for the study of women’s issues have been opened at universities. For the first time, women spoke openly about sexual freedom, etc.

Political and Constitutional Rights of Tribal Communities in Indian Constitution

The Constitution of India has laid down some basic provisions for the upliftment of the interests of the tribal community and its overall upliftment. Considering the social and economic situation in India, the scheduled tribes should get a fair place in the development of the country in the post - independence era, they should be developed in all respects and social and economic equality should be established, and the feeling of marginalization should not remain in the backward tribes. Specially, there is a provision in our constitution to reserve some seats in legislatures, ministries and administration for backward classes. While preparing the state constitution of the country, it is seen that important provisions have been made in the constitution for the scheduled tribes in order to establish economic and social democracy in the country. In order to establish economic and social justice, it was necessary to make special provisions for the backward classes.

Сучасні глобальні проблеми етнонаціональної політики України: на прикладі правового регулювання статусу національних меншин

The article is devoted to the analysis of the problems of ethno-national policy in modern conditions of the development of statehood and points to the prospects of improving the legislation in the context of ensuring the proper legal status of national minorities. The article examines the main problems in the field of ethno-national policy of Ukraine and legal regulation of the status of national minorities. The author emphasizes the absence of a single strategy for the development of ethno-national relations, which leads to fragmented legislation. The implementation of a comprehensive normative act could determine the direction of the development of statehood and form the ideological basis for future normative acts regarding the status of national minorities, indigenous peoples, and other ethnic groups. It is also emphasized that the issues of national minorities were often ignored in national law, and the legislative framework regarding indigenous peoples and the protection of the status of national minorities was formed mainly as a reaction to external circumstances, such as the occupation of the Crimean peninsula. Gaps in legislation make it difficult to ensure the rights of national minorities, in particular, due to the lack of up-to-date statistical data, since the all-Ukrainian population census was conducted only once in 2001. The author draws attention to the low level of tolerance in Ukrainian society, which is demonstrated by a survey conducted in 2022–2024. Respondents often do not consider their actions illegal or discriminatory towards Roma, but do not wish to have themin their environment. This indicates a lack of education regarding national characteristics as a factor of discrimination and a lack of attention on the part of the state to issues of language moderation and protection of the rights of national minorities. The lack of an effective policy of integration of national minorities is another significant problem. The legislator often considers national minorities as a group of citizens of a different ethnic origin living in Ukraine traditionally, which is a wrong approach. In order to improve ethno-national politics, it is necessary to solve problems in related areas, such as education, political rights, participation in local selfgovernment and the fight against hate speech.

Міжнародно-правові та національні гарантії реалізації права особи на захист життя і здоров’я

This article analyzes the norms of international and national legislation concerning the right of individuals to life and health protection, through the lens of their practical implementation. The study identifies the positive and negative aspects of the legislative regulation of the right to protection, examines the reasons for states’ non-compliance with certain international legal treaties, and offers several remarks on the effectiveness and feasibility of the established legal provisions. In particular, the publication emphasizes the high efficacy of the norms of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child in light of the practice of the European Court of Human Rights and the activities of UN specialized committees. At the same time, the paper criticizes the effectiveness of the provisions of the Geneva Conventions and their additional protocols due to the lack of proper mechanisms for their implementation and identifies the main reasons for states’ violations of the aforementioned international treaties. Among the main issues of the implementation of the norms of these conventions, the author identifies the lack of political will of the states, insufficient training and awareness of military personnel, non-compliance by states with international justice mechanisms, and the lack of effective control and monitoring of compliance with the norms of the conventions. Additionally, based on the analysis of the practice of applying the legal rules on necessary defense, the article highlights the urgent need to define the time limits of the defense situation and the criteria for determining the proportionality of actions during defense at the legislative level. Furthermore, to improve and eliminate inconsistencies between the provisions of the Criminal Code of Ukraine and the Constitution of Ukraine, the author proposes specific amendments to the Basic Law.

The role of international law in promoting and enforcing the rights of persons with disabilities

ABSTRACT International human rights apply to all persons. These are not only meant to protect all humans from discrimination, and inhuman, degrading, and cruel treatment, but also enforce humans’ civil, political, social, economic, and cultural rights. This study aims to focus on the role of international law in protecting the rights of persons with disabilities and unfolding their rights. The study found that international law has some transparent and clear standards for protecting the rights of people with disabilities compared to other people. However, the challenges are related to the enforcement of these standards and the enactment of treaties, binding to all the member states without interfering with their sovereignty. The study recommends that the international legal system should first be able to make sure that the language of rights is comprehendible for all the state parties and that they are properly briefed about the required change through change in the legal regime. Because, member states are not inclined to give up their norms, culture, and beliefs. This transformation will be achieved by first creating understanding and then implementing it.