Showing papers on "Torture published in 2018"

Contestation and Constitution of Norms in Global International Relations

Abstract: Antje Wiener examines the involvement of local actors in conflicts over global norms such as fundamental rights and the prohibition of torture and sexual violence. Providing accounts of local interventions made on behalf of those affected by breaches of norms, she identifies the constraints and opportunities for stakeholder participation in a fragmented global society. The book also considers cultural and institutional diversity with regard to the co-constitution of norm change. Proposing a clear framework to operationalize research on contested norms, and illustrating it through three recent cases, this book contributes to the project of global international relations by offering an agency-centred approach. It will interest scholars and advanced students of international relations, international political theory, and international law seeking a principled approach to practice that overcomes the practice-norm gap.

Threat Perception and American Support for Torture

Abstract: When do Americans support the government’s use of torture? We argue that perceptions of threat undermine the extent to which American public opinion serves as a bulwark against government torture. Although surveys demonstrate that a slim majority of the American public generally opposes torture, using a nationally-representative survey experiment, we show that Americans are considerably more supportive of government abuse when it is directed at individuals who they perceive as threatening: specifically, when a detainee has an Arabic name and when the alleged crime is terrorism. Given the malleability of public opinion as a potential constraint on abuse, our results underscore the importance of institutional protections of human rights.

Torture and the limits of democratic institutions

Abstract: What are the limits of democracy’s positive influence on human rights? In this article, we argue that contested elections and powerful courts provide leaders with different incentives with regard t...

Sexual violence against men in global politics

Abstract: INTRODUCTION - Sexual Violence Against Men in Global Politics Marysia Zalewski, Paula Drumond, Elisabeth Prugl, and Maria Stern "Tribulations" - Poem by Nziza D.Harouna SECTION 1: PROVOCATIONS Chapter 1 - Provocations in Debates about Sexual Violence against Men Marysia Zalewski Chapter 2 - Battle-Induced Urotrauma, Sexual Violence, and American Servicemen Chris Hendershot Chapter 3 - Masculinity, Men and Sexual Violence in the U.S. Military Elizabeth Mesok Chapter 4 - Languages of Castration - Male genital mutilation in conflict and its embedded messages Henri Myrttinen Chapter 5 - Medical Approaches to Sexual Violence in War, in Guidelines and in Practice Caroline Cottet Chapter 6 - The Political Economy of Sexual Violence Against Men and Boys in Armed Conflict Sara Meger Reflections Reflections on Sexual Violence Against Men and Boys in Global Politics Paul Higate and Nivi Manchanda Homo Interruptus Paul Kirby Can Our Intellectual Curiosity on Gender Cause Harm? Madeline Rees Gender, Sex and Sexual Violence Against Men Laura J. Shepherd Not for the faint of heart: reflections on rape, gender, and conflict Lara Stemple SECTION 2: FRAMING Chapter 7 - Uncovering Men's Narratives of Conflict-Related Sexual Violence Michele Leiby Chapter 8 - Sex, Violence and Heteronormativity: Re-visiting performances of sexual violence against men in former Yugoslavia Paula Drumond Chapter 9 - "Only a fool..." Why Men Don't Disclose Conflict-Related Sexual Violence in an Age of Global Media Chris Dolan Chapter 10 - Masculine subjectivities in United Nations discourse on gender violence (1970-2015): perpetrators, allies, and victims Gizeh Becerra Chapter 11 - Sexual Violence or torture? The Framing of Sexual Violence against Men in armed conflict in Amnesty International and Human Rights Watch Reports Thomas Charman Chapter 12 - Conflict-related Sexual Violence Against Men and the International Criminal Jurisprudence Patricia Viseur Sellers and Leo Nwoye Reflections Familiar Stories, the Policing of Knowledge and Other Challenges Ahead Maria Eriksson Baaz Reflections on the Slippery Politics of Framing Harriet Gray Male Victims: A blind spot in law Charu Hogg Sexual Violence Against Men and Boys in the Congo Ilot Muthaka SGBV Against Men and Boys as a Site of Theoretical and Political Contestation Jill Steans "People you May Know" - Poem by Kevin Kantor

Mental health interventions and priorities for research for adult survivors of torture and systematic violence: a review of the literature.

Abstract: This research describes the development and findings of a literature review and analysis meant to inform the international torture and trauma treatment community. The review focuses on interventions that have been used among populations affected by torture, based on a review of journals indexed in commonly used search engines. Work on the review began in September 2008 and continued to be updated until March 2014. In total, 88 studies of interventions for torture victims were identified. Studies ranged from randomized controlled trials utilizing evidence-based treatments to case studies employing non-structured, supportive therapies. Based on the results of the analysis, we have included recommendations for interventions that demonstrate effectiveness in treating survivors of torture and other systematic violence who suffer from PTSD, depression, and anxiety. Priorities for mental health research for survivors of torture and other systematic violence are also recommended.

The Changing Standard of Accountability and the Positive Relationship between Human Rights Treaty Ratification and Compliance

Abstract: Researchers have puzzled over the finding that countries that ratify UN human rights treaties such as the Convention Against Torture are more likely to abuse human rights than non-ratifiers over time. This article presents evidence that the changing standard of accountability – the set of expectations that monitoring agencies use to hold states responsible for repressive actions – conceals real improvements to the level of respect for human rights in data derived from monitoring reports. Using a novel dataset that accounts for systematic changes to human rights reports, it is demonstrated that the ratification of human rights treaties is associated with higher levels of respect for human rights. This positive relationship is robust to a variety of measurement strategies and model specifications.

Law's Wars: The Fate of the Rule of Law in the US 'War on Terror'

Abstract: The US 'war on terror', which Bush declared and Obama continued, repeatedly violated fundamental rule of law values. Law's Wars: The Fate of the Rule of Law in the US 'War on Terror' is the first comprehensive account of efforts to resist and correct those violations. It focuses on responses to abuses in Abu Ghraib, efforts by Guantanamo Bay detainees to improve conditions of confinement in and win release, exposes of and efforts to end torture and electronic surveillance, and civilian casualties on the battlefield, including targeted killings. Abel deploys a law and society perspective to construct and analyze detailed narratives of the roles of victims, whistle-blowers, the media, NGOs, lawyers, doctors, politicians, military personnel, foreign governments and international organizations in defending the rule of law. Only by understanding past errors can we hope to prevent their repetition in what promises to be an endless 'war on terror'.

Justice and the faithless: The demand for disobedience in international criminal law:

Abstract: How is disobedience required under international criminal law? How do war crimes trials demand and seek to cultivate disobedience as a response to atrocity? It is widely recognized that internation...

Group treatment for survivors of torture and severe violence: A literature review.

Abstract: Methods: The authors conducted a systematic review of scholarly journals and manuscripts. The search was limited to articles published in English that focused on group treatment with torture survivors. Findings: The authors identified 36 articles and chapters for review describing a variety of group interventions for survivors of torture, including: Supportive Group Therapy Empowerment Workshops Group Treatment for Sleep Disorders Den Bosch model Wraparound approach Stage-oriented model The literature examined varied in approach and format: present-day and past-focused groups; structured, time-limited groups; and flexible, ongoing support groups. The studies took place in diverse locations, including Denmark, Germany, Guinea, Namibia, the Netherlands, Palestine, Serbia, the U.S., the UK, and Zimbabwe, and, in conflict, post-conflict and/or humanitarian settings. The interventions were facilitated by licensed mental health professionals, paraprofessionals, and bilingual/bicultural staff – or a combination of the latter two. Interpretations: Group treatment is an approach which can be administered to larger groups of survivors to address a range of treatment issues. The authors examined key clinical practice issues for group treatment including group composition and content, facilitation and measurement strategies. While the literature does provide a compelling conceptual rationale for using group treatment, the empirical literature is in fact very limited at this time and needs to be strengthened in order to build confidence in outcomes across contexts and survivor communities. Conclusions: This paper points to a growing interest in the topic of group treatment for survivors of torture and severe violence, providing a comprehensive picture of group-based interventions and highlighting the need for additional research and knowledge-building.

The effects of perceived torture controllability on symptom severity of posttraumatic stress, depression and anger in refugees and asylum seekers: A path analysis.

Abstract: Torture is associated with greater psychopathology, however, the specific mechanisms underlying the effects of torture remain unclear. Research suggests that the perceived uncontrollable nature of, rather than the exposure to, torture, influences the development of psychological disorders. Perceived distress during torture has also been shown to influence psychological outcomes. This cross-sectional study explored the relationship between perceived torture controllability, emotions (i.e., anger and fear) during torture, and current posttraumatic stress (PTS), depression and anger symptoms, controlling for the effects of post-migration living difficulties. Data were collected from 108 refugees and asylum seekers in treatment at two psychiatric clinics in Zurich, Switzerland. Path analyses revealed negative correlations between PTS, depression and anger symptoms, and perceived torture controllability, and positive correlations with anger and fear during torture. Furthermore, the effects of perceived torture controllability on PTS and depression symptoms were mediated by fear during torture, and on anger symptoms via anger during torture. This was over and above the effects of post-migration living difficulties on psychological symptoms. The study provides preliminary evidence that perceived uncontrollability and distress during torture might be significant risk factors for current mental health of torture survivors. These findings may have implications for informing interventions for torture survivors.

The Prevention of Torture: An Ecological Approach

Abstract: There is an urgent need to analyze and assess how we prevent torture, against the background of a rigorous analysis of the factors that condition and sustain it. Drawing on rich empirical material from Sri Lanka and Nepal, The Prevention of Torture: An Ecological Approach interrogates the worlds that produce torture in order to propose how to bring about systemic institutional and cultural change. Critics have decried human rights approaches' failure to attend to structural factors, but this book seeks to go beyond a 'stance of criticism' to take up the positive project of reimagining human rights theory and practice. It discusses key debates in human rights and political theory, as well as the challenges that advocates face in translating situational analyses into real world interventions. Danielle Celermajer develops a new, ecological framework for mapping the worlds that produce torture, and thereby develops prevention strategies.

From contestation to convergence? A constructivist critique of the impact of UN Human Rights Treaty ratification on interpretations of Islam in the Gulf Cooperation Council (GCC) countries

Abstract: This thesis discusses UN human rights treaty ratification in Gulf Cooperation Council (GCC) countries. Ratification of human rights treaties by most GCC countries, often with extensive reservations concerning the compatibility of certain provisions with Islam, has generated international debate about the applicability of international human rights norms in an Islamic context. With poor compliance records, GCC cases are seen to demonstrate that global human rights norms fail to diffuse and take hold in specific local contexts. This thesis disputes this claim by arguing that normative change can be observed in these cases. It offers a constructivist critique of “norm diffusion” literature by focusing on changes in language and ideas, rather than on legal changes and implementation. Using the cases of the Convention Against Torture, the Convention on the Rights of the Child, the Convention on the Elimination of all forms of Discrimination Against Women and the International Covenant on Civil and Political Rights, the thesis identifies when and how language and ideas about Islam and human rights have been shaped by UN conceptualizations of rights as a result of GCC engagement with these treaties. Examining both Arabic and English sources and carrying out analysis of the discourses in UN documents, employing legal analysis of recent constitutional documents and laws, and through interview research, the thesis demonstrates how arguments about Islam and human rights in the GCC have been shaped by treaty engagement since the 1990s. By demonstrating ratification’s impact on GCC actors’ use of UN human rights vocabulary and concepts within an Islamic context, the thesis argues that ratification matters more than the conventional literature suggests. It concludes that, even in cases that human rights treaties have failed to result in improved practices, they have contributed to the framing of interpretations of Islam alongside UN human rights concepts, a process that is worthy of greater scholarly attention.

Intersex Variations, Human Rights, and the International Classification of Diseases.

Abstract: Over time, the World Health Organization (WHO) has reviewed and removed pathologizing classifications and codes associated with sexual and gender minorities from the International Classification of Diseases (ICD). However, classifications associated with intersex variations, congenital variations in sex characteristics or differences of sex development, remain pathologized. The ICD-11 introduces additional and pathologizing normative language to describe these as "disorders of sex development." Current materials in the ICD-11 Foundation also specify, or are associated with, unnecessary medical procedures that fail to meet human rights norms documented by the WHO itself and Treaty Monitoring Bodies. This includes codes that require genitoplasties and gonadectomies associated with gender assignment, where either masculinizing or feminizing surgery is specified depending upon technical and heteronormative expectations for surgical outcomes. Such interventions lack evidence. Human rights defenders and institutions regard these interventions as harmful practices and violations of rights to bodily integrity, non-discrimination, equality before the law, privacy, and freedom from torture, ill-treatment, and experimentation. WHO should modify ICD-11 codes by introducing neutral terminology and by ensuring that all relevant codes do not specify practices that violate human rights.

From sexualized torture and gender-based torture to genderized torture: The urgent need for a conceptual evolution.

Abstract: Classical perspectives on sexualized torture are being increasingly challenged by contemporary debates informed by emerging claims (Mendez, 2016; Saez, 2016; Sifris, 2014). Gender-based analysis based on feminist and other theoretical approaches is needed to adequately address these. Arriving at a general framework for the reconceptualization of torture, and progressively widening the analytical scope of gender and torture, are priorities. Gender analyses of torture needs to encompass a broader range of phenomena, from rape and attacks on sexual integrity to any suffering inflicted on human beings that is intricately intertwined with gender (Jakobsen, 2014), including and not limited to discrimination against LGTBI persons,1 genital mutilation, and the restriction of any of the broad range of issues under the frame of reproductive freedom, such as abortion and involuntary sterilization.2 The push for a gender transformative rethinking of conceptual and analytical approaches to torture is accompanied by the need to develop specific tools to detect and assess sexual and gender-based torture (including the necessity for a reconsideration of gender perspectives on the Istanbul Protocol), to incorporate a feminist perspective in the rehabilitation of victims. This requires specific treatment approaches as well as holistic survivor-centered rehabilitation models that include access to high quality and comprehensive services. Services that support stigma reduction are particularly important. Our own desk review on all papers published in Torture Journal since 2006 until 2018 showed a clear gender analysis gap: only 32% of papers included the word ‘gender’ and 38% the word ‘female’ in any part of the text. In 84% of the cases, these mentions simply indexed the presentation of data disaggregated by sex. Only 4% of all the papers published in the Journal attempted a gender analysis. To help address this gap, the Journal circulated a call for papers on gender and torture that aligned with research priorities identified in our Delphi study (Perez-Sales, Witcombe, & Otero, 2017). The response to this call has been encouraging. This issue features a collection of texts that highlight important aspects of sexualized and gender-based torture and provide reflections that contribute to framing the theoretical debate on the nature and scope of gender-based and genderized forms of torture. The Journal believes that even more research and reflection is necessary to adequately clarify and raise the terms of this debate and additional texts relevant to the topic are planned to appear in forthcoming issues. This current issue draws out key concepts that are important to making an impact, both on the debate and in practice.

Are Human Rights Practices Improving

Abstract: Has government protection of human rights improved? The answer to this and many other research questions is strongly affected by the assumptions we make and the modeling strategy we choose as the basis for creating human rights country scores. Fariss (2014) introduced a statistical model that produced latent scores showing an improving trend in human rights. Consistent with his stringent assumptions, his statistical model heavily weighted rare incidents of mass killings such as genocide, while discounting indicators of lesser and more common violations such as torture and political imprisonment. We replicated his analysis, replacing the actual values of all indicators of lesser human rights violations with randomly generated data, and obtained an identical improving trend. However, when we replicated the analysis, relaxing his assumptions by allowing all indicators to potentially have a similar effect on the latent scores, we find no human rights improvement.

Police Torture in Chicago: Theorizing Violence and Social Justice in a Racialized City

Abstract: Harvey's Social Justice and the City was published just as a major case of social injustice was unfolding on Chicago's South Side. Starting in the early 1970s and continuing for almost twenty years...

Contemporary Debates on Terrorism

Abstract: Introduction: Contemporary Debates on Terrorism, Richard Jackson and Samuel Justin Sinclair PART I: DEFINITION OF TERRORISM 1 Is Terrorism Still a Useful Analytical Term or Should it be Abandoned? YES: The Utility of the Concept of Terrorism, Paul Wilkinson NO: A Landscape of Meaning: Constructing Understandings of Political Violence from the Broken Paradigm of 'Terrorism', Dominic Bryan PART II: CATEGORIES OF TERRORISM 2 Is There a 'New Terrorism' in Existence Today? YES: The 'New Terrorism' or the 'Newness' of Context and Change, Alejandro Bolanos NO: The Fallacy of the New Terrorism Thesis, Isabelle Duyvesteyn and Leena Malkki 3 Can States be Terrorists? YES: State Terror: The Theoretical and Practical Utilities and Implications of a Contested Concept, Michael Stohl NO: State Terrorism: Who Needs it?, Colin Wight PART III: THE TERRORISM THREAT 4 Is Terrorism a Serious Threat to International and National Security? YES: The Continuing Threat to State Security, James Lutz and Brenda Lutz NO: Why Terrorism Is a Much Smaller Threat Than You Think, Ian S Lustick 5 Is WMD Terrorism a Likely Prospect in the Future? YES: WMD Terrorism: A Potential Threat to International Security, Natvidad Carpintero-Santamaria NO: WMD Terrorism: The Prospects, John Mueller 6 Does Al Qaeda Continue to Pose a Serious International Threat? YES: The Enduring al-Qa'ida Threat: A Network Perspective, Jeffrey Cozzens and Magnus Ranstorp NO: Al Qaeda: A Diminishing Threat, Lee Jarvis PART IV: THE CAUSES OF TERRORISM 7 Is Terrorism the Result of Root Causes such as Poverty and Exclusion? YES: Do Structural Factors Explain Terrorism?, Dipak Gupta NO: Poverty and Exclusion are not the Root Causes of Terrorism, L Rowell Huesmann and Graham R Huesmann 8 Is Religious Extremism a Major Cause of Terrorism? YES: Religious Extremism as a Major Cause of Terrorism, Amanda Munroe and Fathali M Moghaddam NO: "Religious terrorism" as Ideology, Jeffrey Goodwin PART V: DEALING WITH TERRORISM 9 Are Counter-Terrorism Frameworks Based on Suppression and Military Force Effective in Responding to Terrorism? YES: The Use of Force to Combat Terrorism, Boaz Gano NO: Wars of Terror - Learning the Lessons of Failure, Paul Rogers 10 Is the Use of Coercive Interrogation or Torture Permissible and Effective as a Counter-Terrorism Method? YES: The Truth about American State Interrogation Techniques, Torture, and the Ticking Time Bomb Terrorist, Jeffrey Addicott NO: Why Torture is Wrong, Robert Brecher 11 Is the Targeted Assassination of Terrorist Suspects an Effective Response to Terrorism? YES: A Viable and Vital Policy Option, Stephanie Carvin NO: The Case Against Targeted Assassination, Andrew Silke 12 Have Global Efforts to Reduce Terrorism and Political Violence been Effective in the Past Decade? YES: 'Looking for a Needle in a Stack of Needles', Mark Cochrane NO: 'Using a sledgehammer to Crack a Nut', Rachel Monaghan

Historicizing waterboarding as a severe torture norm

Abstract: The debate on waterboarding and the wider debate on torture remains fiercely contested President Trump and large sections of the US public continue to support the use of waterboarding and other so

The Neuropsychological Consequences of Armed Conflicts and Torture.

Abstract: At any point in time, there are hundreds of armed conflicts throughout the world. Neuropsychological disorders are a major cause of morbidity during and after armed conflicts. Conditions such as closed and open head injuries, acute stress disorder, post-traumatic stress disorder, depression, anxiety, and psychosis are prevalent among survivors. Herein, we summarize information on the various forms of torture, the resultant neuropsychological pathology, and treatment strategies to help survivors. Strategies to address the needs of individuals who experienced neuropsychological trauma due to armed conflicts and torture include pharmacological and psychological interventions. The former includes antidepressant, antianxiety, and antipsychotic medications. The latter includes narrative exposure therapy and trauma-focused cognitive-behavioral therapy. Neuropsychological disorders are major causes of morbidity among survivors of armed conflicts and torture. Treatment strategies must be affordable, applicable across cultures, and deliverable by individuals who understand the victims’ psychosocial and ethnic background.

Drones, state terrorism and international law

Abstract: The conventional wisdom among US foreign policymakers is that drones enable precise strikes, and therefore limit collateral damage. In contrast, critics point out that many civilian casualties have ensued, and they variously cite poor intelligence and imprecision of the strikes as reasons for this. Critics have also raised concerns that the US and its allies are engaging in “lawfare” to legitimise violations of human rights law. As such, some have questioned whether academic engagement with the legal questions surrounding targeted killings amount to collusion with state attempts to legitimise human rights violations. This article will argue that by conceptualising the targeted killings programme as a form of state terrorism, we are better equipped to provide a critical analysis of the drones programme within the context of a long history of violence and terrorism which has underpinned the imperial and neo-imperial projects of the UK and US. The article will then argue that there are important similarities between the targeted killings programme, and previous UK and US counterinsurgency operations, including prior uses of air power, and operations involving the internment of terror suspects, and the targeting of specific individuals for interrogation and torture or disappearance. Common to these programmes is that they are forms of policing aimed at crushing rebellions, stifling disorder and constructing or maintaining particular political economies, through terror. Also common to these programmes are the attempts made either to conceal illicit actions, or in the event they are exposed, to shroud them in a veil of legitimacy. The article concludes by offering some brief reflections on why we should not abandon the quest to resolve the thorny legal questions around the targeted killings programme.

Migration and torture: Building a map of knowledge

Abstract: We already have more than twenty-five years of academic research on migration and torture; the field has developed into an increasingly complex one since the first descriptive and epidemiological studies. This Editorial puts forward a conceptual map for helping to understand migration and torture and introduces the collection of papers in this issue of the Torture Journal.

The Effects of Moral and Pragmatic Arguments Against Torture on Demands for Judicial Reform

Abstract: Torture can be opposed on the basis of pragmatic (e.g., torture does not work) or moral arguments (e.g., torture violates human rights). Three studies investigated how these arguments affect U.S. citizens' attitudes toward U.S.-committed torture. In Study 1, participants expressed stronger demands for redressing the injustice of torture when presented with moral rather than pragmatic or no arguments against torture. Study 2 replicated this finding with an extended justice measure and also showed the moderating role of ingroup glorification and attachment. Moral arguments increased justice demands among those who typically react most defensively to ingroup-committed wrongdoings: the highly attached and glorifying. Study 3 showed that the effect of moral arguments against torture on justice demands and support for torture among high glorifiers is mediated by moral outrage and empathy but not guilt.

Ill-Treatment and Torture in Sweden : A Critique of Cross-Case Comparisons

Abstract: Common perceptions of Sweden seldom include images of ill treatment and torture. However, human rights reports published by Amnesty Int'l and the US State Dept. describe recurring allegations of il ...

Seventieth anniversary of the Universal Declaration of Human Rights: reaffirming and strengthening the prohibition of torture and other cruel, inhuman ordegrading treatment or punishment. Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment of punishment

Abstract: As the international community prepares to celebrate the seventieth anniversary of the Universal Declaration of Human Rights, the Special Rapporteur, in the present report, examines the achievements made on the road to realizing the absolute prohibition of torture and ill-treatment and reflects on the primary challenges facing its universal implementation today.

Geographical distribution of torture: An epidemiological study of torture reported by asylum applicants examined at the Department of Forensic Medicine, University of Copenhagen.

Abstract: Using reports from 154 examinations of alleged torture victims among asylum applicants to Denmark conducted by the Department of Forensic Medicine, University of Copenhagen, between 2001 and 2013, we have categorized the victims into four geographical regions, as well as according to the conflict that caused them to flee. The torture incidents described by the victims were divided into 12 different categories defined by the Istanbul Protocol. These data were cross referenced in order to identify any differences in the prevalence of the 12 forms of torture. The study showed that crush injuries were only reported by refugees from Asia, including Afghanistan and Pakistan, and that incidents of electrical torture were reported twice as frequently by torture victims from Middle Eastern and North African countries, though it was lower among Iraqis, Iranians and ethnic Kurds. Sexual torture was reported by 78% of females and 25% of males.

Parroting the past: historical continuity and change through cultures of cruelty in Brazil

Abstract: In the recent Brazilian Netflix series 3% (Aguilera 2016), international audiences were presented with an array of visual reminders about the legacy of historic human rights abuses in Brazil. With the image of the pau de arara as a point of historic and semiotic reference, this paper adopts evidence and ideas from New Capitalist History to extend the interrogation of the historical memory of torture in Brazil in particular, to the rise and predominance of coercive practices in workplace cultures in free societies in general. This interrogation demonstrates the need for paradigm shifts within Western academic disciplines. First, to re-locate historically modern slavery in political philosophy as central to conceptions of “evil,” and second to overturn the notion of discontinuity and incompatibility between slavery and capitalism. Throughout this interrogation, a short story by Machado de Assis and Lissovsky’s critique of processes of memorialisation of human rights abuses open up the possibility of revisionist thinking about technologies of power, under slavery, military rule, and democratic regimes in Brazil; an approach which suggests systematic and sustained “cultures of cruelty” past and present (Giroux).

The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?

Abstract: The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or 'Strasbourg Court') in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.

Human rights abuses at the limits of the law: Legal instabilities and vulnerabilities in the ‘Global War on Terror’

Abstract: Law following and law breaking are often conceptualised as polar opposites. However, authorities in liberal democracies increasingly deploy a strategy of what I call plausible legality in order to secure immunity and legitimacy for proscribed practices. Rather than ignore or suspend law, they construct legal justifications for human rights abuses and other dubious policies, obscuring the distinction between legal compliance and non-compliance. I argue this is possible because instabilities in legal rules make them vulnerable to manipulation and exploitation. By tracing American rationales for contentious ‘enhanced interrogation techniques’, indefinite detention, and ‘targeted killing’ practices in the ‘Global War on Terror’, I show that law need not always be abandoned or radically reconstituted to achieve troubling ends and that rule structures enable certain patterns of violation while limiting others. The international prohibition on torture is robust and universal, but provides vague definitions open to interpretation. Detention and lethal targeting regulations are jurisdictionally layered and contextually complex, creating loopholes and gaps. The article concludes by reflecting on implications for the protection of human rights. While law is not wholly indeterminate, human rights advocates must constantly advocate shared legal understandings that constrain state violence.

Are Americans really okay with torture? The effects of message framing on public opinion

Abstract: In December 2014, the Senate Intelligence Committee released a report on CIA detention and interrogation practices from 2002–2009. Several survey organizations then released polls that appeared to ...