This policy and practice note explores the possibilities of a vision of human rights protection t... more This policy and practice note explores the possibilities of a vision of human rights protection that conceives of universities as human rights actors. This vision is situated in the broader human rights context, in which it is increasingly recognized that non-traditional human rights actors, rather than only the central government level, also bear responsibilities in the field of human rights. Given their crucial societal role, it is argued that universities should similarly take up their human rights responsibility. This note will present the case study of the human rights policy of Ghent University (Belgium), which applies to that university’s international relations, as a good practice of how the human rights responsibility of universities can be operationalized. The paper concludes with a number of critical reflections.
Using a sledgehammer to crack a nut obviously is a disproportionate action, since one could use a... more 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. The 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 scrutinize general measures.
Ga onmiddellijk naar paginanavigatie. Noot bij Hof van Beroep, Brussel, 26 februari 2003 (vzw... more Ga onmiddellijk naar paginanavigatie. Noot bij Hof van Beroep, Brussel, 26 februari 2003 (vzw's - Vlaams Blok - Politiek misdrijf). ... Title, Noot bij Hof van Beroep, Brussel, 26 februari 2003 (vzw's - Vlaams Blok - Politiek misdrijf). Publication Status, published. Article Type, letterNote ...
... 1. Minow's Relational and Contextual Approach 324 2. Taylor and Habermas: Recognisin... more ... 1. Minow's Relational and Contextual Approach 324 2. Taylor and Habermas: Recognising Cultural Identities 328 3. Kymlicka's Multiculturalism 332 4 ... Flexibility 343 A. Forum and Focus 343 B. Contextual Diversity in the Consideration of Human Rights Reports 345 1. "Factors ...
... Ashraf, 1966; MI Patwari, "Human Rights in Islamic Law and I... more ... Ashraf, 1966; MI Patwari, "Human Rights in Islamic Law and International Law: A Comparison," Islamic and Comparative Law Quarterly, 1990-1991, 26; SA Rahman, "The Qur'an and Fundamental Human Rights," Hamdard lslamicus, 1978, 76; MA Saeed, "Islamic Concept of ...
... of neutrality, in order to protect the religious freedom of parents and pupils.16 This court ... more ... of neutrality, in order to protect the religious freedom of parents and pupils.16 This court compared the headscarf to a crucifix on the ... leaves aside the anti-Islamic rhetoric but also because of the approach of the Court, which is based on the margin of appreciation doctrine. ...
... Ashraf, 1966; MI Patwari, "Human Rights in Islamic Law and I... more ... Ashraf, 1966; MI Patwari, "Human Rights in Islamic Law and International Law: A Comparison," Islamic and Comparative Law Quarterly, 1990-1991, 26; SA Rahman, "The Qur'an and Fundamental Human Rights," Hamdard lslamicus, 1978, 76; MA Saeed, "Islamic Concept of ...
This policy and practice note explores the possibilities of a vision of human rights protection t... more This policy and practice note explores the possibilities of a vision of human rights protection that conceives of universities as human rights actors. This vision is situated in the broader human rights context, in which it is increasingly recognized that non-traditional human rights actors, rather than only the central government level, also bear responsibilities in the field of human rights. Given their crucial societal role, it is argued that universities should similarly take up their human rights responsibility. This note will present the case study of the human rights policy of Ghent University (Belgium), which applies to that university’s international relations, as a good practice of how the human rights responsibility of universities can be operationalized. The paper concludes with a number of critical reflections.
Using a sledgehammer to crack a nut obviously is a disproportionate action, since one could use a... more 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. The 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 scrutinize general measures.
Ga onmiddellijk naar paginanavigatie. Noot bij Hof van Beroep, Brussel, 26 februari 2003 (vzw... more Ga onmiddellijk naar paginanavigatie. Noot bij Hof van Beroep, Brussel, 26 februari 2003 (vzw's - Vlaams Blok - Politiek misdrijf). ... Title, Noot bij Hof van Beroep, Brussel, 26 februari 2003 (vzw's - Vlaams Blok - Politiek misdrijf). Publication Status, published. Article Type, letterNote ...
... 1. Minow's Relational and Contextual Approach 324 2. Taylor and Habermas: Recognisin... more ... 1. Minow's Relational and Contextual Approach 324 2. Taylor and Habermas: Recognising Cultural Identities 328 3. Kymlicka's Multiculturalism 332 4 ... Flexibility 343 A. Forum and Focus 343 B. Contextual Diversity in the Consideration of Human Rights Reports 345 1. "Factors ...
... Ashraf, 1966; MI Patwari, "Human Rights in Islamic Law and I... more ... Ashraf, 1966; MI Patwari, "Human Rights in Islamic Law and International Law: A Comparison," Islamic and Comparative Law Quarterly, 1990-1991, 26; SA Rahman, "The Qur'an and Fundamental Human Rights," Hamdard lslamicus, 1978, 76; MA Saeed, "Islamic Concept of ...
... of neutrality, in order to protect the religious freedom of parents and pupils.16 This court ... more ... of neutrality, in order to protect the religious freedom of parents and pupils.16 This court compared the headscarf to a crucifix on the ... leaves aside the anti-Islamic rhetoric but also because of the approach of the Court, which is based on the margin of appreciation doctrine. ...
... Ashraf, 1966; MI Patwari, "Human Rights in Islamic Law and I... more ... Ashraf, 1966; MI Patwari, "Human Rights in Islamic Law and International Law: A Comparison," Islamic and Comparative Law Quarterly, 1990-1991, 26; SA Rahman, "The Qur'an and Fundamental Human Rights," Hamdard lslamicus, 1978, 76; MA Saeed, "Islamic Concept of ...
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Papers by E. Brems
role, it is argued that universities should similarly take up their human rights responsibility. This note will present the case study of the human rights policy of Ghent University (Belgium), which applies to that university’s international relations, as a good practice of how the human rights responsibility of universities can be operationalized. The paper concludes with a number of critical reflections.
role, it is argued that universities should similarly take up their human rights responsibility. This note will present the case study of the human rights policy of Ghent University (Belgium), which applies to that university’s international relations, as a good practice of how the human rights responsibility of universities can be operationalized. The paper concludes with a number of critical reflections.