Stereotypes and Human Rights Law

Brems, Eva; Timmer, Alexandra

doi:10.1017/9781780685458

Cited by 10 publications

(2 citation statements)

References 7 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The reasons for focusing on these tools are that they have been applied by the Court in other areas (Timmer 2011, 709;Heri 2021) and are argued to be appropriate in cases of anti-Romani police violence, yet their absence is well-established in the literature. [25] The rationale to pay particular attention to stereotypes in a case is that stereotypes may render people vulnerable to violence and other types of harm potentially amounting to human rights violations (Brems and Timmer 2016).…”

Section: Provisions Principles and Argumentative Tools In Anti-romani...mentioning

confidence: 99%

“…Stereotyping is a human rights issue because it may reinforce inequality and discrimination which, in turn, largely impact the enjoyment of other rights (Brems and Timmer 2016). In the jurisprudence of the European Court of Human Rights (hereinafter ECtHR or the Court), the question of harmful stereotyping has gained momentum and led the Court to develop particular approaches to reasoning with various outcomes.…”

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Untitled

2024

CRS

View full text Add to dashboard Cite

The European Court of Human Rights has issued judgements that condemn negative stereotypes and protect vulnerable groups from discrimination. Paradoxically, in cases where the victims' bodily integrity is violated in a racist context, the Court has a particularly dubious record of fully engaging with the discrimination aspect of the complaints. This article analyses five illustrative cases where evidentiary materials indicate the authorities held strong prejudices against Romani victims of police violence. Through the lens of vulnerability and anti-stereotyping, the article examines how the Court responds to the presence of negative stereotypes in anti-Romani police violence cases. It shows that the Court's engagement with stereotypes in these cases is inconsistent. The article suggests that a more conscious engagement with the wider societal context of anti-Romani police violence could strengthen the Court's stance against harmful Romaphobic stereotyping.'Purely Gypsy Behaviour': Interpreting Negative Stereotypes in Racist Police Violence Cases at the European Court of Human Rights abuse. [9] To paint a picture with the Court's own judgements, over 10 incidents resulted in the death of Romani people at the hands of police, [10] a further 7 cases concerned life-threatening situations, [11] and over 20 complaints arose from the abuse of Romani men, [12] women, [13] even children, [14] and sometimes whole families. [15] In the majority of the case law the impression of a hostile, anti-Romani climate is clear; however, hard evidence of it, which the Court tends to look for, hardly exists. [16] This is why the Court rarely found a state explicitly responsible for anti-Romani [17] police misconduct. [18] This article submits that negative stereotypes often play a key role in anti-Romani violence, and their presence in a case file therefore could prompt the Court to pay particular attention to these in its assessments.

show abstract

Section: Provisions Principles and Argumentative Tools In Anti-romani...mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Untitled

2024

CRS

View full text Add to dashboard Cite

show abstract

A Theoretical Framework: A Human Rights Reading of SOGI Asylum Based on Feminist and Queer Studies

Danisi

Dustin

Ferreira

et al. 2021

IMISCOE Research Series

View full text Add to dashboard Cite

Since SOGI considerations have started to inform the interpretation and the implementation of the Refugee Convention (Chap. 10.1007/978-3-030-69441-8_1), a broad range of scholars from different disciplines have explored how questions of sexual orientation and gender identity can be effectively addressed within international, supranational and domestic asylum systems. The debate around aspects of RSD and beyond generated by this theoretical exchange within the same discipline and between different research areas has contributed to the (ongoing) normative movement towards a more inclusive Refugee Convention framework. In an attempt to nurture this continuous debate, we outline the theoretical and analytical frameworks that shape the subsequent analysis. We take advantage of the authors’ diverse experience in different academic fields to apply an interdisciplinary approach, addressing our subject from various perspectives. We start from the recognition that a detailed understanding and application of the Refugee Convention is vital as the floor for addressing SOGI asylum claims, but not in itself sufficient to ensure that these are fairly treated. Section 3.2 therefore looks to human rights to show how interweaving human rights frameworks with refugee law heightens understanding in this field of asylum. To this end, the main body of this chapter develops an approach that addresses the failings from a SOGI asylum perspective of international human rights law (IHRL) and international refugee law (IRL) individually. However, we then argue that, without explicitly recognising the gendered and sexualised nature of SOGI asylum, IHRL is only part of the solution. In Sects. 3.3 and 3.4 below, we claim that feminist and queer theories, and particular threads of debate within these broad disciplines, can help to understand the experiences of SOGI minorities fleeing persecution and, importantly, to explain why, despite improvements to the law and guidance that recognise the right to protection on this basis, there has been insufficient progress on the ground. In this way, combining a human rights-based approach that is largely legal with political and sociological contributions from feminism and queer theories facilitates a more holistic analysis.

show abstract

(Stereo)typical Law: Challenging the Transformative Potential of Human Rights

Frańczak

2022

Towards Gender Equality in Law

View full text Add to dashboard Cite

The UN Commission on the Status of Women stated that addressing gender stereotypes “must be a key element in all efforts to achieve the realization of women’s human rights” (2010). Leading human rights organisations (African Union, Council of Europe, European Union, Organization of American States and the United Nations) have introduced instruments aimed at the elimination of gender stereotypes, like CEDAW or the Istanbul Convention. Feminist legal scholarship reaffirms this position, considering stereotyping to be one of the biggest challenges for realisation of human rights in contemporary society. Nevertheless, the topic remains largely under-researched. Drawing on feminist legal theory, this chapter addresses the following question: Can and should law be used to address gender stereotyping? It explores the complexity of this topic, with focus on the opportunities and constrains of using law to affect substantive change. This chapter takes up an interdisciplinary approach of law and politics.

show abstract

Stereotypes and Human Rights Law

Cited by 10 publications

References 7 publications

Untitled

Untitled

A Theoretical Framework: A Human Rights Reading of SOGI Asylum Based on Feminist and Queer Studies

(Stereo)typical Law: Challenging the Transformative Potential of Human Rights

Contact Info

Product

Resources

About