The concept of vulnerability offers a new approach to interpret and apply human rights norms. Thi... more The concept of vulnerability offers a new approach to interpret and apply human rights norms. This paper studies how the European Court of Human Rights integrated the condition of vulnerability of the applicants into its reasoning and decision-making. The text first reflects on the meaning of vulnerability. Next, the paper analyzes the legal basis of the Court's use of vulnerability; identifies the vulnerable subjects; and spells out the steps of the analysis of vulnerability. The paper draws from case law on minority groups, the British Gypsy in the United Kingdom and the Roma in Bulgaria, asylum-seekers, children, and persons with disabilities. A set of conclusions completes this study.
The objective of the present review is to trace significant developments in the field of economic... more The objective of the present review is to trace significant developments in the field of economic, social, and cultural rights
as they emerged in 2012. These developments unfolded at various levels. At the international level, emphasis will be placed on
the practice of United Nations treaty bodies, the mechanisms of the Human Rights Council, and significant contributions from
United Nations specialized agencies. A review of jurisprudential developments within the European human rights system and
leading judgments from European domestic systems will be provided. Particularly noteworthy cases from jurisdictions that
extend beyond Europe’s borders will also be noted, where pertinent. The clusters of analysis chosen to frame the discussion reflect key themes that emerged in relation to the rights to food, water and sanitation, adequate housing, education and the right
to the highest attainable standard of health. Crosscutting issues supporting the significant developments that took place in 2012
will be presented in the conclusions.
SUR International Journal on Human Rights 17, Dec 2012
Against the backdrop of criticisms concerning the absence of a genuine dialogue between human rig... more Against the backdrop of criticisms concerning the absence of a genuine dialogue between human rights and development, and weak substantive cooperation among actors from both disciplines, the present article sets out how one category of human rights actors attempted to concretely engage with the development agenda. Th e study examines the contributions that a number of the United Nations (UN) special procedures, particularly those with mandates related to economic, social and cultural rights, have made in bringing fundamental principles specifi c to human rights law towards the core of development frameworks, with a specifi c focus on the UN Millennium Development Goals agenda. By concentrating on nondiscrimination, participation and accountability, the use of indicators, and the obligations arising in the realm of international assistance and cooperation, it is argued that the UN special procedures have begun to pave the way for substantive convergence of the human rights and development paradigms. Original in English.
Human Rights and International Legal Discourse 2012:2, Oct 2012
This paper questions the methods of training child athletes by looking at one particular practice... more This paper questions the methods of training child athletes by looking at one particular practice, namely that of punitive training. By taking a child rights approach, the paper demonstrates that punitive training amounts to corporal punishment. The paper also indicates ways in which using the framework developed by human rights bodies to address corporal punishment can be an effective solution in providing remedies for children affected by punitive forms of training.
The concept of vulnerability offers a new approach to interpret and apply human rights norms. Thi... more The concept of vulnerability offers a new approach to interpret and apply human rights norms. This paper studies how the European Court of Human Rights integrated the condition of vulnerability of the applicants into its reasoning and decision-making. The text first reflects on the meaning of vulnerability. Next, the paper analyzes the legal basis of the Court's use of vulnerability; identifies the vulnerable subjects; and spells out the steps of the analysis of vulnerability. The paper draws from case law on minority groups, the British Gypsy in the United Kingdom and the Roma in Bulgaria, asylum-seekers, children, and persons with disabilities. A set of conclusions completes this study.
The objective of the present review is to trace significant developments in the field of economic... more The objective of the present review is to trace significant developments in the field of economic, social, and cultural rights
as they emerged in 2012. These developments unfolded at various levels. At the international level, emphasis will be placed on
the practice of United Nations treaty bodies, the mechanisms of the Human Rights Council, and significant contributions from
United Nations specialized agencies. A review of jurisprudential developments within the European human rights system and
leading judgments from European domestic systems will be provided. Particularly noteworthy cases from jurisdictions that
extend beyond Europe’s borders will also be noted, where pertinent. The clusters of analysis chosen to frame the discussion reflect key themes that emerged in relation to the rights to food, water and sanitation, adequate housing, education and the right
to the highest attainable standard of health. Crosscutting issues supporting the significant developments that took place in 2012
will be presented in the conclusions.
SUR International Journal on Human Rights 17, Dec 2012
Against the backdrop of criticisms concerning the absence of a genuine dialogue between human rig... more Against the backdrop of criticisms concerning the absence of a genuine dialogue between human rights and development, and weak substantive cooperation among actors from both disciplines, the present article sets out how one category of human rights actors attempted to concretely engage with the development agenda. Th e study examines the contributions that a number of the United Nations (UN) special procedures, particularly those with mandates related to economic, social and cultural rights, have made in bringing fundamental principles specifi c to human rights law towards the core of development frameworks, with a specifi c focus on the UN Millennium Development Goals agenda. By concentrating on nondiscrimination, participation and accountability, the use of indicators, and the obligations arising in the realm of international assistance and cooperation, it is argued that the UN special procedures have begun to pave the way for substantive convergence of the human rights and development paradigms. Original in English.
Human Rights and International Legal Discourse 2012:2, Oct 2012
This paper questions the methods of training child athletes by looking at one particular practice... more This paper questions the methods of training child athletes by looking at one particular practice, namely that of punitive training. By taking a child rights approach, the paper demonstrates that punitive training amounts to corporal punishment. The paper also indicates ways in which using the framework developed by human rights bodies to address corporal punishment can be an effective solution in providing remedies for children affected by punitive forms of training.
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Papers by Ivona Truscan
as they emerged in 2012. These developments unfolded at various levels. At the international level, emphasis will be placed on
the practice of United Nations treaty bodies, the mechanisms of the Human Rights Council, and significant contributions from
United Nations specialized agencies. A review of jurisprudential developments within the European human rights system and
leading judgments from European domestic systems will be provided. Particularly noteworthy cases from jurisdictions that
extend beyond Europe’s borders will also be noted, where pertinent. The clusters of analysis chosen to frame the discussion reflect key themes that emerged in relation to the rights to food, water and sanitation, adequate housing, education and the right
to the highest attainable standard of health. Crosscutting issues supporting the significant developments that took place in 2012
will be presented in the conclusions.
as they emerged in 2012. These developments unfolded at various levels. At the international level, emphasis will be placed on
the practice of United Nations treaty bodies, the mechanisms of the Human Rights Council, and significant contributions from
United Nations specialized agencies. A review of jurisprudential developments within the European human rights system and
leading judgments from European domestic systems will be provided. Particularly noteworthy cases from jurisdictions that
extend beyond Europe’s borders will also be noted, where pertinent. The clusters of analysis chosen to frame the discussion reflect key themes that emerged in relation to the rights to food, water and sanitation, adequate housing, education and the right
to the highest attainable standard of health. Crosscutting issues supporting the significant developments that took place in 2012
will be presented in the conclusions.