Scielo RSS <![CDATA[Sur - Revista Internacional de Direitos Humanos]]> http://socialsciences.scielo.org/rss.php?pid=1806-644520080001&lang=pt vol. 4 num. SE lang. pt <![CDATA[SciELO Logo]]> http://socialsciences.scielo.org/img/en/fbpelogp.gif http://socialsciences.scielo.org <![CDATA[<b>Perpetrating Good</b>: <b>Unintended Consequences of International Human Rights Advocacy</b>]]> http://socialsciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452008000100001&lng=pt&nrm=iso&tlng=pt The article analyzes the negative impact of popular strategies used by international human rights organizations when promoting human rights causes; namely human rights reporting, advocacy and strategic litigation. It critically assesses these strategies, and questions whether they are working and if so, for whom. At the same time, the author questions the legitimacy of international human rights organizations to represent victims of human rights violations and their lack of accountability towards the victims. The author argues that the means used by human rights advocates in their work might be damaging and counterproductive for the victims as their methods often falsify the true experience of victims of human rights violations and end up suppressing their independence, competence and solidarity. Rather than eliminating power relations and domination over those they aim to help, human rights advocates often sustain power imbalances and use human rights violations as a commodity. The article calls for broader cooperation of human rights advocates with victims, by embracing more holistic models of activism. <![CDATA[<b>Prisons in Africa</b>: <b>an evaluation from a human rights perspective</b>]]> http://socialsciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452008000100002&lng=pt&nrm=iso&tlng=pt While prisons in Africa are often considered the worst in the world many other prisons systems are worse off in terms of violence, overcrowding and a host of other problems. This is not to argue that African prisons are human rights friendly. Many are in a deficient condition and their practises are at odds with human rights standards. However, prisons in many parts of the world are in crisis. Never before have there been so many problems within penal systems and such large numbers of people in institutions of incarceration. This article examines the historical development of African prisons from colonial times and considers the legacy that colonialism has left in prisons on the continent. The article also examines a range of issues in prisons throughout Africa including pretrial detention, overcrowding, resources and governance, women and children in prison, and rehabilitation. A substantial amount of space is devoted to the reforms that are occurring across the continent, and recommendations are made with regard to what further reforms are necessary. The role of the African Commission on Human and Peoples' Rights as well as the Special Rapporteur on Prisons and Conditions of Detention in Africa are also considered. <![CDATA[<b>Lost in Translation</b>: <b>expressions of human suffering, the language of human rights, and the South African Truth and Reconciliation Commission</b>]]> http://socialsciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452008000100003&lng=pt&nrm=iso&tlng=pt This essay examines what is gained and lost when expressions of human suffering are translated into a standardized language of human rights. I argue that South Africa's Truth and Reconciliation Commission demonstrates the ways that this translation makes human suffering both legible and illegible. While the language of human rights functioned in powerful ways to establish a previously unacknowledged history in South Africa, identify and grant dignity to victims, and occasionally designate responsibility, I argue that it also disfigured the testimony of victims in ways that alienated them from their own experience and sometimes re-traumatized them, and that it often proved more useful to perpetrators than to victims. I also contend that the promise of healing in which the Commission wrapped its human rights message prioritized national over individual forms of healing, and allowed the South African government to substitute spiritual and symbolic forms of reparation for material ones. <![CDATA[<b>Sixty years after the Universal Declaration</b>: <b>navigating the contradictions</b>]]> http://socialsciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452008000100004&lng=pt&nrm=iso&tlng=pt Taking his work experience in the UN and in the Inter-American System of Human Rights into account, Pinheiro highlights some of the main achievements and challenges in the development of International Human Rights Law in the last 60 years. <![CDATA[<b>Poverty and human rights</b>: <b>from rhetoric to legal obligations a critical account of conceptual frameworks</b>]]> http://socialsciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452008000100005&lng=pt&nrm=iso&tlng=pt There is still lack of conceptual clarity in the notion of poverty as a violation of human rights. This is a problem for human rights practitioners that take the indivisibility of human rights seriously, understand the centrality of poverty in the plight of many human rights victims and want to work professionally, through binding internationally recognized human rights obligations, in the fight against poverty. This paper tries to clarify the conceptual gap. It presents a critical summary of the most important attempts to conceptually clarify the connection between poverty and human rights from an international human rights law perspective. It analyzes different conceptual frameworks, their strengths and weaknesses. The paper identifies three different models for linking both concepts: (1) theories that conceive poverty as per se a violation of human rights; (2) theories that conceptualize poverty as a violation of one specific human right, namely the right to an adequate standard of living or to development; and (3) theories that conceive poverty as a cause or consequence of human rights violations. The paper concludes that the third approach is the most useful in the current state of development of international human rights law and jurisprudence, but that the second approach has a lot of potential to push the poverty and human rights agenda forward and it should be developed further. <![CDATA[<b>A new frontier in economic and social rights advocacy?</b> <b>Turning quantitative data into a tool for human rights accountability</b>]]> http://socialsciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452008000100006&lng=pt&nrm=iso&tlng=pt In spite of positive developments in the last 60 years, the worldwide promotion and protection of economic and social rights remains a daunting challenge. While millions of people are deprived of clean water, primary health care and basic education, most states do not recognize economic and social rights as more than abstract declarations of principles. Also, governments and international organizations usually tackle these questions exclusively as development challenges, ignoring their relation to human rights obligations. In this article, there is an initial attempt to set out a methodological framework to illustrate how some simple quantitative methods can be used in concrete situations to assess whether a state is violating its human rights obligations. Quantitative tools can help us, as human rights advocates, not only to persuasively show the scope and magnitude of various forms of rights denial, but also in revealing and challenging policy failures that contribute to the perpetuation of those deprivations and inequalities. <![CDATA[<b>From Commission to Council</b>: <b>has the United Nations succeeded in creating a credible human rights body?</b>]]> http://socialsciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452008000100007&lng=pt&nrm=iso&tlng=pt In 2006 the United Nations underwent its greatest reform since its foundation in 1945, showing a renewed commitment to human rights protection. The replacement of the Commission on Human Rights with the Human Rights Council signifies the growing strength of the international human rights regime. However, this change has not been without criticism. In particular it has been alleged that the Council suffers from various political biases to the detriment of its effectiveness: for example, disproportionately focusing on the Occupied Palestinian Territories while failing to swiftly respond to abuses in Darfur. Further, the Council is arguably undermined by both its failure to implement effective mechanisms to prevent its own membership consisting to include acknowledged human rights violator and its continuing inability to harness US support. This paper analyses such criticisms. <![CDATA[<b>Interview with Anthony Romero, Executive Director of the American Civil Liberties Union (ACLU)</b>]]> http://socialsciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452008000100008&lng=pt&nrm=iso&tlng=pt In 2006 the United Nations underwent its greatest reform since its foundation in 1945, showing a renewed commitment to human rights protection. The replacement of the Commission on Human Rights with the Human Rights Council signifies the growing strength of the international human rights regime. However, this change has not been without criticism. In particular it has been alleged that the Council suffers from various political biases to the detriment of its effectiveness: for example, disproportionately focusing on the Occupied Palestinian Territories while failing to swiftly respond to abuses in Darfur. Further, the Council is arguably undermined by both its failure to implement effective mechanisms to prevent its own membership consisting to include acknowledged human rights violator and its continuing inability to harness US support. This paper analyses such criticisms.