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Article

E Pluribus Unum? Racial Injustice in the US and the International Response

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords UN human rights machinery, prohibition of discrimination, segregation in the US, racial discrimination, UN Human Rights Council
Authors Thamil Venthan Ananthavinavagan
AbstractAuthor's information

    The UN issued a scathing report in 2016 stating that “[I]n particular, the legacy of colonial history, enslavement, racial subordination and segregation, racial terrorism and racial inequality in the US remains a serious challenge.” After international slave trade, abolition of slavery, Jim Crow laws, civil rights struggle, ongoing systemic police brutality against African Americans and a prison machinery with a high prison rate with African Americans inmates the question remains: has racial discrimination ever ended in the US? The rising strength of a white supremacist movement poses another significant threat to the national cohesion of different communities in the US. Moreover, it reveals the dormant white nationalism that has awakened in light of policies and rhetoric animated and nourished by leading politicians in the country. To this end, this paper will investigate the following question: what is the impact of the colonial past on the US and how did the UN respond to this past? Finally, what will be the role of the UN to enhance the US human rights infrastructure for African Americans and ameliorate their situation in light of rising white supremacism?


Thamil Venthan Ananthavinavagan
Lecturer, Griffith College, Dublin.
Article

Access_open The Dutch International Responsible Business Conduct Agreements

Effective Initiatives?

Journal Erasmus Law Review, Issue 4 2019
Keywords IRBC Agreements, effectiveness, OECD due diligence, access to remedy
Authors Martijn Scheltema
AbstractAuthor's information

    This contribution analyses the effectiveness of the Dutch International Responsible Business Conduct (IRBC) agreements and suggests some avenues for improvement. Several challenges in connection with effectiveness have been identified in evaluations of the IRBC agreements, and these are used as a starting point for the analysis. The focus is on three themes: (i) uptake, leverage and collaboration; (ii) implementation of OECD due diligence including monitoring and (iii) access to remedy. This contribution shows that low uptake may not be a sign of ineffectiveness per se, although in terms of leverage a sufficient number of participants or collaboration between agreements seems important. In connection with due diligence, it is recommended to align the implementation of OECD due diligence. Furthermore, an effective monitoring mechanism by a secretariat, as is currently implemented in the Textile agreement only, is most likely to bring about material changes in business behaviour. Other types of supervision seem less effective. Access to remedy poses a challenge in all IRBC agreements. It is recommended that the expectations the agreements have on access to remedy be clarified, also in connection with the role of signatories to the agreements in cases where they are directly linked to human rights abuse. Furthermore, it is recommended that a dispute resolution mechanism be introduced that enables complaints for external stakeholders against business signatories, comparable to that of the Textile agreement. However, rather than implementing separate mechanisms in all agreements, an overarching mechanism for all agreements should be introduced.


Martijn Scheltema
Martijn Scheltema is Professor of Private law at Erasmus School of Law, Erasmus University Rotterdam.
Research Notes

Paid Digital Campaigning During the 2018 Local Elections in Flanders

Which Candidates Jumped on the Bandwagon?

Journal Politics of the Low Countries, Issue 3 2019
Keywords local elections, candidates, campaign spending, digital campaigning
Authors Gunther Vanden Eynde, Gert-Jan Put, Bart Maddens e.a.
AbstractAuthor's information

    This research note investigates the role of paid digital campaigning in the 2018 local elections in Flanders. We make use of the official declarations which candidates are legally required to submit. In these declarations, candidates indicate whether and how much they invested in online campaigning tools during the four months preceding the elections. We collected data on a sample of 3,588 individual candidates running in the 30 municipalities of the Leuven Arrondissement. A multilevel logistic regression model shows that the odds of spending on digital campaigning increases among incumbent aldermen and local councillors. The latter finding supports the normalization thesis of digital campaigning. The results also show that scale is important – the more potential voters a candidate has, the higher the odds that the candidate invests in digital tools.


Gunther Vanden Eynde
Gunther Vanden Eynde is a doctoral researcher at the KU Leuven Public Governance Institute. His research interests include political finance, campaign spending and the social media campaigns of Belgian political parties and their candidates.

Gert-Jan Put
Gert-Jan Put is a Senior Researcher at the Research Center for Regional Economics, KU Leuven. His research focuses on candidate selection and intra-party competition, and has been published in Political Behavior, Party Politics and Electoral Studies.

Bart Maddens
Bart Maddens is a professor of political science at the KU Leuven Public Governance Institute His research interests include political finance, elections and multi-level systems. His work has been published in West European Politics, Party Politics and Electoral Studies.

Gertjan Muyters
Gertjan Muyters is a doctoral researcher at the KU Leuven Public Governance Institute. His research focuses on candidate turnover and political careers.
Article

How to Improve Local Turnout

The Effect of Municipal Efforts to Improve Turnout in Dutch Local Elections

Journal Politics of the Low Countries, Issue 3 2019
Keywords turnout, local elections, get out the vote, campaign, the Netherlands
Authors Julien van Ostaaijen, Sabine van Zuydam and Martijn Epskamp
AbstractAuthor's information

    Even though many municipalities use a variety of means to improve turnout in local elections, citizen participation in local elections is a point of concern in many Western countries, including the Netherlands. Our research question is therefore: How effective are municipal efforts to improve turnout in (Dutch) local elections? To this end, we collected data from three sources: (1) a survey sent to the municipal clerks of 389 Dutch municipalities to learn what they do to improve turnout; (2) data from Statistics Netherlands on municipalities’ socio-demographic characteristics; and (3) data on the turnout in local elections from the Dutch Electoral Council database. Using hierarchical multiple regression analysis, we found that the direct impact of local governments’ efforts to improve turnout is low. Nevertheless, some measures seem to be able to make a difference. The relative number of polling stations was especially found to impact turnout.


Julien van Ostaaijen
Julien van Ostaaijen is assistant professor of public administration at the Tilburg Institute of Governance (Tilburg University).

Sabine van Zuydam
Sabine van Zuydam is assistant professor of public administration at the Tilburg Institute of Governance (Tilburg University) and researcher at Necker van Naem.

Martijn Epskamp
Martijn Epskamp is a researcher of the municipality of Rotterdam (Research and Business Intelligence department)
Article

Split-Ticket Voting in Belgium

An Analysis of the Presence and Determinants of Differentiated Voting in the Municipal and Provincial Elections of 2018

Journal Politics of the Low Countries, Issue 3 2019
Keywords split-ticket voting, local elections, voting motives, Belgium, PR-system
Authors Tony Valcke and Tom Verhelst
AbstractAuthor's information

    This article tackles the particular issue of split-ticket voting, which has been largely overlooked in Belgian election studies thus far. We contribute to the literature by answering two particular research questions: (1) to what extent and (2) why do voters cast a different vote in the elections for the provincial council as compared to their vote in the elections for the municipal council?
    The article draws on survey data collected via an exit poll in the ‘Belgian Local Elections Study’, a research project conducted by an inter-university team of scholars.
    Our analysis shows that nearly 45% of the total research population cast a split-ticket vote in the local elections of 2018. However, this number drops to one out of four if we only consider a homogenous party landscape at both levels by excluding the numerous votes for ‘local’ lists (which occur mostly at the municipal level). This finding underlines the importance of accounting for the electoral and institutional context of the different electoral arenas in research on split-ticket voting in PR systems. In the Belgian context, split-ticket voting in 2018 also differed between the different parties and regions. Furthermore, it was encouraged by a higher level of education and familiarity with particular candidates. This candidate-centred and strategic voting was matched by party identification and the urban municipal context favouring straight-ticket voting. Other factors such as region, a rural municipal context and preferential voting seemed more relevant to determine voting for local parties than using the instrument of split-ticket votes as such.


Tony Valcke
Tony Valcke is Associate Professor at the Faculty of Political and Social Sciences of Ghent University (Belgium). He is a member of the Centre for Local Politics (CLP) and coordinator of the Teacher Training Department. His research, publications and educational activities focus on elections and democratic participation/innovation, (the history of) political institutions and (local) government reform, political elites and leadership, citizenship (education).

Tom Verhelst
Tom Verhelst is Assistant Professor at the Faculty of Political and Social Sciences at Ghent University (Belgium) and a postdoctoral research fellow at the Department of Political Science at Maastricht University (the Netherlands). His research focuses on the Europeanisation of local government (with a particular interest for the regulatory mobilisation of local government in EU decision-making processes) and on the role and position of the local council in Belgium and the Netherlands (with a particular interest for local council scrutiny).
Human Rights Practice Reviews

The Russian Federation

Journal East European Yearbook on Human Rights, Issue 1 2019
Authors Igor Bartsits, Oleg Zaytsev and Kira Sazonova PhD
Author's information

Igor Bartsits
Igor Bartsits is the Director of IPACS RANEPA, Doctor of Law, Professor, Honoured Lawyer of the Russian Federation.

Oleg Zaytsev
Oleg Zaytsev is the Dean of the School of Law, Doctor of Law, IPACS RANEPA.

Kira Sazonova PhD
Kira Sazonova is the Assistant Professor, Ph.D. in International Law, Ph.D. in Politics, IPACS RANEPA.
Human Rights Literature Reviews

Estonia

Journal East European Yearbook on Human Rights, Issue 1 2019
Authors Ingrid Kauler LLM
Author's information

Ingrid Kauler LLM
LLM (Advanced) on European and International Human Rights Law, Leiden University; Lawyer; Lecturer on EU Law, Tallinn University School of Governance, Law and Society; Study and Program Administrator for Master’s programmes in Law, Faculty of Law, Economics and Finance, University of Luxembourg.
Article

On Lessons Learned and Yet to Be Learned

Reflections on the Lithuanian Cases in the Strasbourg Court’s Grand Chamber

Journal East European Yearbook on Human Rights, Issue 1 2019
Keywords human rights, European Convention on Human Rights, European Court of Human Rights, Lithuania
Authors Egidijus Kūris
Abstract

    During the two-and-a-half decades while Lithuania has been a party to the European Convention on Human Rights, the Grand Chamber of the European Court of Human Rights has decided five Lithuanian cases. They all (perhaps but one) raised controversial issues not only of law but also of those pertaining to matters non-legal: psychology, politics, history and so on. There had been follow-ups to most of them, allowing for consideration as to the merits and disadvantages of the respective judgments. These cases are narrated on in their wider-than-legal context and reflected upon from the perspective of their bearing on these issues and of the lessons they taught both to Lithuania, as a respondent State, and to the Court itself.


Egidijus Kūris

    The Polish Supreme Court has held that a criterion of discrimination may also be a relationship of a social or familial nature that exists in the workplace and whose existence or absence on the part of the employee results in different treatment by the employer.


Marcin Wujczyk
Marcin Wujczyk is an attorney at law at Wardyński & Partners, Poland (https://www.wardynski.com.pl).

    In two appeal cases considered jointly, the Court of Appeal (CA) has ruled that it is not direct or indirect sex discrimination, nor a breach of equal pay rights, to provide enhanced pay for maternity leave and statutory pay only for shared parental leave (SPL).


Richard Lister
Richard Lister is a Managing Practice Development Lawyer at Lewis Silkin LLP.

Chris Straker
Chris Straker is a director, trainer and consultant at Restorative Thinking Ltd. (www.restorativethinking.co.uk) and a freelance restorative trainer registered with the Restorative Justice Council, UK.
Article

Reconciliation potential of Rwandans convicted of genocide

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Rwanda, genocide, perpetrators, posttraumatic stress, reconciliation
Authors Kevin Barnes-Ceeney, Laurie Leitch and Lior Gideon
AbstractAuthor's information

    This study examines the reconciliation potential of Rwandans incarcerated for the crime of genocide. Utilising survey data from 302 male and female prisoners incarcerated in the Rwandan Correctional System, this study explores genocide perpetrators’ depression, anxiety, anger-hostility and somatic symptoms, levels of posttraumatic stress, degree of social support and attitudes towards unity and reconciliation. The data demonstrate that engaging in killing can have deep psychological impacts for genocide perpetrators. The data indicate that although more than two decades have passed since the genocide, perpetrators are experiencing high levels of genocide-related posttraumatic suffering. Perpetrators are persistently re-experiencing genocide, purposefully avoiding thoughts and memories of the genocide, and experiencing physical and emotional arousal and reactivity. The sample had a strong desire for all Rwandans to live in peace and unity. There is, however, an urgent need for physical and mental health interventions, as well as services that facilitate the rebuilding of family relationships well in advance of release. Improving the physical and mental well-being of both perpetrators of the genocide and victims can only be a positive development as Rwanda continues to build a unified, reconciled and resilient future.


Kevin Barnes-Ceeney
Kevin Barnes-Ceeney is Assistant Professor at the Henry C. Lee College of Criminal Justice and Forensic Sciences, University of New Haven, West Haven, USA.

Laurie Leitch
Laurie Leitch is Director, Threshold GlobalWorks, New York, USA.

Lior Gideon
Lior Gideon is Professor of Criminal Justice at the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice, New York, USA.

Christopher D. Marshall
Christopher Marshall is The Diana Unwin Chair in Restorative Justice, School of Government, Victoria University of Wellington, New Zealand.
Article

How framing past political violence affects reconciliation in the Basque Country

The role of responsibility attributions and in-group victimhood

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Political violence, apologies, in-group victimhood, responsibility attributions, Basque Country
Authors Magdalena Bobowik, Darío Páez, Nekane Basabe e.a.
AbstractAuthor's information

    The present study examines the impact of reminders of political violence with and without an apology on the desire for intergroup revenge in the context of political violence in the Basque Country. We expected attributions of responsibility and perceived in-group victimhood to explain these effects. A total of 257 Basque adults were assigned to three conditions: no reminder, reminders of political violence without an apology and reminders of political violence with an apology. Results showed that, as compared to no reminder condition, reminders of political violence without an apology led to assigning more responsibility to police forces and the Spanish state and less responsibility to Euskadi Ta Askatasuna (ETA) and Basque nationalism, as well as increased perceptions of in-group victimhood and the desire for intergroup revenge. Reminders of political violence accompanied by an apology activated less assignment of responsibility to police forces and the Spanish state, but more responsibility attributions to ETA and Basque nationalism, as well as activated perceptions of in-group victimhood. As expected, there was a sequential indirect effect of reminders without an apology (but not with an apology) on revenge through responsibility attributions and then perceptions of in-group victimhood. We discuss implications of these findings for intergroup relations in post-conflict contexts.


Magdalena Bobowik
Magdalena Bobowik is Post-doctoral Research Fellow at the Department of Social Psychology and Methodology of Behaviour Sciences at the University of the Basque Country, San Sebastian, Spain.

Darío Páez
Darío Páez is Full Professor at the Department of Social Psychology and Methodology of Behaviour Sciences at the University of the Basque Country, San Sebastian, Spain and at the Facultad de Educación y Ciencias Sociales, Universidad Andres Bello, Santiago de Chile, Chile.

Nekane Basabe
Nekane Basabe is Full Professor at the Department of Social Psychology and Methodology of Behaviour Sciences at the University of the Basque Country, San Sebastian, Spain.

Patrycja Slawuta
Patrycja Slawuta is a PhD Candidate at the New School for Social Research, New York, USA.

Sanja Ćopić
Sanja Ćopić is a Senior Research Associate, Institute of Criminological and Sociological Research and Victimology Society of Serbia, Belgrade, Serbia.
Article

Looking beneath the iceberg: can shame and pride be handled restoratively in cases of workplace bullying

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Bullying, victimisation, shame management, pride management, social connectedness
Authors Valerie Braithwaite and Eliza Ahmed
AbstractAuthor's information

    Central to restorative justice interventions that follow revised reintegrative shaming theory (Ahmed, Harris, Braithwaite & Braithwaite, 2001) is individual capacity to manage shame and pride in safe and supportive spaces. From a random sample of 1,967 Australians who responded to a national crime survey, 1,045 completed a module about bullying experiences at work over the past year, along with measures of shame and pride management (the MOSS-SASD and MOPS scales). Those who identified themselves as having bullied others were pride-focused, not shame-focused. They were more likely to express narcissistic pride over their work success, lauding their feats over others, and were less likely to express humble pride, sharing their success with others. In contrast, victims were defined by acknowledged and displaced shame over work task failures. In addition to these personal impediments to social reintegration, those who bullied and those targeted had low trust in others, particularly professionals. While these findings do not challenge macro interventions for culture change through more respectful and restorative practices, they provide a basis for setting boundaries for the appropriate use of restorative justice meetings to address particular workplace bullying complaints.


Valerie Braithwaite
Valerie Braithwaite is a Professor at the Regulatory Institutions Network, Australian National University, Canberra, Australia.

Eliza Ahmed
Eliza Ahmed is a visiting fellow at the Regulatory Institutions Network, Australian National University, Canberra, Australia.
Pending Cases

Case C-705/18, Part-time Work, Gender Discrimination

Agencia Estatal de la Administración Tributaria – v – SJ, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 13 November 2018

Journal European Employment Law Cases, Issue 2 2019
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