Eva Brems

Bio: Eva Brems is an academic researcher from Ghent University. The author has contributed to research in topics: Human rights & International human rights law. The author has an hindex of 15, co-authored 105 publications receiving 961 citations. Previous affiliations of Eva Brems include Brooklyn Law School & New York City Law Department.

Human Rights: Universality and Diversity

Abstract: General Introduction. Part One: Human Rights and the Universality Principle. I. Universality Concepts. II. Brief History of the Universality of Human Rights. Part Two: An Analysis of Non-Western Human Rights Claims. I. Introduction. II. Asian Human Rights Claims. III. African Human Rights Views. IV. Islam and Human Rights Views. V. Some Common Conclusions. Part Three: Inclusive universality. I. Introduction. II. Upholding the Ideal of the Universality of Human Rights. III. Necessary Consequences of the Universality of Human Rights: Toward Inclusive Universality. IV. Further Marking Out Inclusive Universality. V. Summing Up. Part Four: Legal Techniques for the Accommodation of Diversity. I. Introduction. II. Flexibility. III. Transformation. IV. Conclusion on Legal Techniques for the Accommodation of Diversity. General Conclusion. Bibliography. Index.

Enemies or Allies? Feminism and Cultural Relativism as Dissident Voices in Human Rights Discourse

Abstract: In recent years, feminism and cultural relativism have been among the most vigorous and the most visible critiques of dominant human rights discourse. On many issues feminists and cultural relativists have found themselves taking diametrically opposed sides. The manifest successes of feminist views inside the human rights system have sometimes been at the expense of cultural relativist views. This paper argues against such an antagonism. An analysis of both the feminist and the cultural relativist positions will uncover parallels and similarities in their respective claims. There seems to be enough common ground to allow for building a bridge between the two strands of thought. Instead of wasting part of their creative potential in opposing each other, feminists and cultural relativists could join forces and combine their insights into a constructive critique. In Parts II and III of this article the feminist and the cultural relativist

Procedural Justice in Human Rights Adjudication: The European Court of Human Rights

Abstract: The social psychological theory of procedural justice emphasizes the fundamental importance of procedural fairness judgments in shaping citizens’ satisfaction and compliance with the outcome of a legal process and in strengthening the legitimacy of legal institutions. This article explores the benefit of applying procedural justice criteria (participation, neutrality, respect, and trust) in human rights adjudication, with a particular focus on the European Court of Human Rights (ECtHR). It is argued that the ECtHR should take these criteria into account both at the level of its own proceedings and in evaluating how human rights have been dealt with at the domestic level.

‘Don’t Use a Sledgehammer to Crack a Nut’: Less Restrictive Means in the Case Law of the European Court of Human Rights

Abstract: Using a sledgehammer to crack a nut obviously is a disproportionate action, since one could use a nutcracker instead. Verifying whether there exists a less restrictive means (LRM) for a human rights restriction is a central question of proportionality analysis. This article provides both a theoretical discussion of the LRM test as developed within the German legal tradition, and an exhaustive analysis of the European Court of Human Rights' practice in applying LRM reasoning. In two recent Grand Chamber judgments, the Court has explicitly endorsed the LRM test as part of its proportionality analysis. Nonetheless, it appears that the Court has not fully made up its mind on the application of the LRM test, which is illustrated by the lack of consistency in applying LRM reasoning, the lack of clarity regarding the substantive or procedural nature of the test and the struggle in applying the test to scrutinise general measures.

‘Memory must be defended’: Beyond the politics of mnemonical security:

Abstract: This article supplements and extends the ontological security theory in International Relations (IR) by conceptualizing the notion of mnemonical security. It engages critically the securitization o...

International Human Rights Law: Imperialist, Inept and Ineffective? Cultural Relativism and the UN Convention on the Rights of the Child

Abstract: Against the background of the largely theoretical debate concerning the use and potential abuse of the cultural relativism argument by State elites, this article seeks to explore how, if at all, the cultural relativism argument is actually being deployed in practice by state delegates appearing before the UN Committee on the Rights of the Child. Based on the evidence from this analysis, it is contended that "cultural difference" remains a common and formidable argument but that the dynamics of this argument, as played out before the Committee, simply reflect the inherent limitations and fundamental weaknesses of an international legal system founded on a "society of States" in which the voices of the local and particular are effectively silenced.

Human Rights Act

Abstract: Two senior RCN advisers have published a guide for nurses on the Human Rights Act which came into force last month.