Sociology and the European Court of Human Rights

This article offers a sociological analysis of the jurisprudence of the European Court of Human Rights (ECtHR). Adopting a sociological jurisprudence approach, the article aims to demonstrate the unique and valuable contribution that sociology can make to understanding key aspects of international human rights law. Whilst the article seeks to develop an agenda for critical sociological research on human rights law, it also aims to persuade those charged with the supervision of human rights of the value of sociological analysis. To achieve this, the article focuses on three separate but inter‐related aspects of ECtHR jurisprudence: first, it considers the ECtHR's approach to consensus in its adjudication of human rights complaints; second, it examines the social control implications of the ECtHR's decisions and judgments; and third, it assesses how conceptualizations of social identity are often foundational to the ECtHR's reasoning.     

Human Identity: Child Rights and the Legal Framework for Marriage in Nigeria

Colonial English heritage and its interaction with local customs in West Africa have been the subject of much debate. Its impact runs through the fabric of the life of the nation, from religion to sociological and sociolegal frameworks. The tension engaged is most profound within the framework of marriages and its effect on children's rights. Illegitimacy, for instance, as understood in Common Law is a concept unknown to Nigerian customs. In Nigeria, customary law allows and envisages polygamy, and a man's adultery is perceived as “a heroic feat.” This is not so for a woman, translating to a tension on premarital and postdivorce relationships expressed in diverse ways. It is easily verifiable that in Nigeria, births out of marriage are attributable more to the nature of the marriage structure and patriarchy than to juvenile delinquency. For women, this single motherhood is often a question of self-preservation or survival. Although strengthening welfare systems and according equal rights to children seem to have been effective in catering to the welfare of children and reducing the number born out wedlock in some jurisdictions, this approach is likely to yield the opposite result in Nigeria. Recently, retention of the Common Law doctrine of illegitimacy was canvassed as “punishment for the misdeeds of parents,” which seems to indict misconduct in the question of birth out of wedlock in Nigeria. This article examines the validity of this claim in the light of Nigeria's sociolegal milieu vis-a-vis the right of a child to identity, origin, and self-actualization. It concludes that although discrimination may have short-term benefits for a privileged class, equality provides a society with an enduring platform for conversation, dialogue, cohesion, and realization of developmental aspirations. The article proffers recommendations on reform and policy direction that allow for growth of customary law in relation to family and child rights while engaging masculinity in a constructive manner.     

The U.S. Economic Polity,Social Identity,and International Human Rights

In this essay, I provide some complementary perspectives on certain themes that emerge in Judith Blau's (2016) timely and insightful article, “Human Rights: What the United States Might Learn from the Rest of the World and, Yes, from American Sociology.” In response, I offer some very brief reflections structured through two prisms by which we might think further about the United States and human rights. These perspectives pick up on the core issue of Blau's article, the U.S. rejection of socioeconomic rights, and how this issue in turn relates first to the “social identity” of the United States as a whole, and second to the role of the political economy in states' recognition of human rights.     

The European Convention on Human Rights in the Constitutional System of Serbia and Montenegro

The paper explores the legal position of the European Convention on Human Rights in the constitutional system of Serbia and Montenegro. It casts some light on constitutional rules, international treaties and especially international treaties on human rights. The text exposes also constitutional rules on human rights. The issue of the European control over human rights in Kosovo and Metohija is raised. Attention is referred to the Resolution 1417 (2005) of the Parliamentary Assembly of the Council of Europe on protection of human rights in Kosovo.     

Sexual orientation and the European Convention on Human Rights: What of the “L” in LGBT?

Abstract

The European Court of Human Rights (ECtHR) has long been celebrated for its role in advancing LGBT rights. This article adopts an intersectional feminist approach in order to critically examine the trajectory of the Court’s LGBT case-law from a gendered perspective. In doing so, it foregrounds the portrayal, experience and, indeed, invisibility of lesbian applicants. Adopting an intersectional approach that considers the gender dimension of sexual orientation claims provides a somewhat different perspective on the struggle for LGBT rights before the ECtHR and suggests that lesbian voices and experiences have been marginalized and excluded in the struggle for LGBT rights.     

Attitudes towards European Monetary Union in Greece: Antecedents, strength and consequences

The objective of the present study was twofold: First, to examine Greek people's attitudes towards European Monetary Union (EMU) and to explore the antecedents, strength and consequences of these attitudes on intentions to support or oppose the single European currency. Second, and from a more theoretical perspective, to investigate the structure of attitude strength and the effects of strength dimensions on attitude–intention consistency. A total of 644 Greek citizens participated in the study. The findings indicate that Greeks are fairly supportive of the monetary union and are quite optimistic about its consequences. The anticipated outcomes of EMU for Greece and for Europe were found to be significant determinants of attitudes. In addition, attitudes were determined by the strength of national identity and by the more general attitudes towards the membership of Greece in the European Union. On the whole, attitudes were fairly strong and had a substantial relation with intentions. Attitude strength was found to consist of three dimensions: Embeddedness, Conviction and Internal Consistency. Only Conviction and Internal Consistency were found to have a significant moderating effect on the attitude–intention relation. Further, the moderating effect of these factors was interactive, in that either high Conviction or high Internal Consistency sufficed to make an attitude influential.     

A Sociology of Human Rights: Rights through a Social Movements Lens

Cet article propose un cadre théorique pour développer une sociologie des droits humains en s'intéressant aux mouvements sociaux dans le but de comprendre les cultures de droits locales. Si le droit humain est une idée qui se développe historiquement principalement à travers l'État, on remarque qu'au Canada, les avancées des droits de l'homme sont le fait de militants travaillant sur le terrain. Dans cet article, on explore aussi les écrits en sociologie au Canada. Les auteurs argumentent qu'on observe un sérieux manque d'engagement de la part des sociologues anglophones et francophones au Canada et que trop peu d'entres eux proposent de réelles études nationales. Évidemment, l'accès restreint à l'information législative représente un obstacle sérieux à la recherche académique au Canada. This article offers a framework for developing a sociology of human rights using social movements to understand local rights cultures. The idea of human rights has historically been highly statist, but grass‐roots activism has been at the heart of the most profound human rights advances in Canada. The article also raises questions about the current state of sociological writing about Canada. The author contends that there is a serious lack of engagement among English and French sociologists, and too few scholars provide genuine “national” studies. Moreover, restrictive access to information legislation represents a serious obstacle to academic research in Canada.     

Rooted Cosmopolitans: Israelis with a European Passport – History,Property, Identity

Over the past decade, a new and intriguing phenomenon developed in Israel: close to 60,000 Israelis applied for citizenship in the Central and Eastern European countries from which their families immigrated. Typically, these new dual citizens have no plans to “return” to Germany or Poland, nor do they feel any identification with their countries of origin. Instead, they are mainly interested in obtaining a “European Union passport” and in gaining potential access to the European common market. The paper presents statistics on this unconventional case of dual citizenship, surveys the historical and legal circumstances that produced it and uses material from interviews to explore the meanings and uses that European‐Israeli dual citizens attribute to their European passports. Dual citizenship, the findings show, is used by Israelis in various and sometimes unexpected ways: as enhancer of economic opportunities, “insurance policy,” intergenerational gift, and even as an elitist status symbol. This modality of state belonging can be termed “passport citizenship”: Non‐resident citizenship here is stripped of its national meaning and treated as an individual piece of property, which is embodied by the passport and obtained for pragmatic reasons.     

States,regimes, and decisions: why Jews were expelled from Medieval England and France

This article explores the relation between the expulsion of Jews from medieval England and France and state building, geo-politics, regime styles, and taxation in these countries. Jews were evicted as a result of attempts by kings to manage royal insecurity, refashion relations between state and society, and build more durable systems of taxation within the territories they claimed as theirs. As they engaged in state building and extended their ties, often conflictual, to key societal and political actors, Jews became financially less important but more visible as outsiders, becoming a liability for the crown. Similar mechanisms were at work despite important differences distinguishing England’s growing regime of rights and representation and France’s emergent absolutist patrimonialism.     

Structuring Transnational Spaces of Identity,Rights and Power in the Niger Delta of Nigeria

This paper critically examines the ways in which global–local flows interpenetrate each other and mesh, simultaneously undermining and empowering the forces of local resistance, using the Niger Delta as a case study. It explores the response of local resistance groups to ‘globalization from below’, by appropriating global structures and tapping into transnational networks to empower their identity, rights, and claims in the oil-rich, but impoverished Niger Delta. Space is conceptualized as the transnational multiscalar social terrain of power, which is critical both as a site of struggle and as expression of the global logic of oil capital. Applied to an explanation of the globalization of extraction and resistance in the oil-rich Niger Delta, this article posits that a lot will depend on the balance of power between the social forces in the region, the oil multinationals, and the Nigerian state, and the capacity of the forces of resistance to tap into and creatively use existing transnational space(s) and discourses to push an agenda of social emancipation and grassroots democracy.

Este artículo examina las maneras como los flujos locales y globales se interpenetran entre sí y engranan, debilitando y fortaleciendo simultáneamente a las fuerzas de la resistencia local, usando el Delta del Níger como estudio de caso. El mismo explora la respuesta a la resistencia de los grupos locales a la ‘globalización desde abajo’, mediante la apropiación de estructuras globales y sacando provecho de las redes transnacionales para fortalecer sus identidad, derechos y demandas en el Delta del Níger, rico en petróleo, pero empobrecido. El espacio se ha conceptualizado como un terreno de poder social trasnacional y multiescalar que es crítico para ambos sitios de conflicto y como expresión de la lógica global del capital del petróleo. Este artículo hace referencia a una explicación de la globalización en la extracción y la resistencia del Delta del Níger, rico en petróleo y postula que mucho depende del equilibrio del poder entre las fuerzas sociales de la región, las multinacionales del petróleo y el estado de Nigeria, y la capacidad de las fuerzas de resistencia de beneficiarse y creativamente usar el(los) espacio(s) y tratados para promover la agenda de emancipación social y democracia de base.

     

Global Human Rights and State Sovereignty: State Ratification of International Human Rights Treaties, 1965–20011

This research seeks to understand the factors that lead nation‐states to ratify international human rights treaties in the contemporary world, despite their potential cost for state sovereignty. We argue that normative pressure from international society, along with historical contingencies during the Cold War, encouraged many states to ratify these treaties. We present an event‐history analysis of ratification of seven key international human rights treaties in 164 countries in the period between 1965 and 2001. The results lend support to the world society argument as well as to our historical argument and also specify that normative pressure and imitation have been important factors shaping states’ decisions to ratify international human rights treaties.     

Identity Agents: Parents as Active and Reflective Participants in Their Children's Identity Formation

The paper introduces the concept of identity agents. This concept refers to those individuals who actively interact with children and youth with the intention of participating in their identity formation, and who reflectively mediate larger social influences on identity formation. This contrasts with the focus of mainstream research in the identity field that tends to portray adolescents as the sole reflective agents involved in mature identity development. The paper presents a theoretical analysis presenting the importance of the concept for the formulation of a comprehensive contextual theory of identity formation. The particulars of this concept are illustrated through the presentation of a qualitative report of religious parents actively encouraging their children's processes of identification, co‐participating in their children's identity's formation, and reflectively deliberating their parental roles and goals in regards to this process.     

Identity Formation of American Indian Adolescents: Local,National, and Global Considerations

A conceptual model is presented that approaches identity formation of American Indian adolescents according to 3 levels of social contextual influence—local, national, and global—relative to types of identity, dynamics of identity, and sources of influence. Ethnic identity of American Indians is embedded within the local cultural milieu and encompasses an array of dimensions organized around identification, connection, and culture/spirituality. The national or societal level brings additional complexities according to bicultural, multicultural, and hybrid types of identity. There is little known about the global implications of identity formation for American Indian adolescents, but a review of the construct of indigenous identity provides some guidance along with examination of identity formation of indigenous youth in other parts of the world. Suggestions for research are provided throughout the paper, and theoretical implications for the broader topic of American Indian identity formation are provided with particular discussion of indigenous psychologies.     

Class Formation and Class Identity: Birth,Death, and Possibilities for Renewal

While social class served as a powerful organizing identity for much of the 19th and 20th centuries, many doubt its contemporary relevance. This article examines the formation and development of theories of class identity over the past century. From a debate largely among Marxists in the early 20th century about the conditions under which the working class will mobilize to defend its interests – moving from a “class in itself” to a “class for itself” – the question of the relationship between individuals' class position, social interests, and political mobilization attracted greater attention among social scientists following World War II. However, postwar socioeconomic transformations led some to argue for the “death of class” as a central organizing principle for modern social and political life. While others countered that class identities remained relevant, the sharp decline in class‐based organization in the late 20th century led scholars to develop more nuanced understandings of the relationship between individuals' class position and collective identities. Although current scholarship shows that there is no natural translation of class identities into collective action, the reality of growing socioeconomic inequality, along with the resurgence of social and political mobilizations to contest that growth, suggests that class identities retain the capacity to unite.     

Capitalism,Protestantism and the Private Family: Comparisons among Early Modern England,France, and the American Colonies*

The study of western family change lies disintegrated, divided into two largely independent intellectual communities–family history and theoretical family sociology. An integration of the two fields is proposed. The results of family historical research from three national cases, England, France, and the North American Colonies, are used to evaluate critically the family theories of Parsons, Seccombe, Zaretsky, and Horkheimer. The pattern of family organization regarded as modern, including the differentiation of the family from other social institutions, the emergence of companionate marriage, and the consolidation of authority over the family in the role of the father, characterize the family systems of England and the Colonies better than that of France. A theory of modern family organization is proposed that identifies the emergence of a culturally dominant middle class and the institutionalization of Protestantism as facilitating conditions for the development of this private family system.     

Navigating a Hostile Terrain: Refugees and Human Rights in Southeast Asia

Countries in Southeast Asia serve as origins, transit routes, and destinations for an increasing number of refugees, asylum seekers, and other people displaced by conflict and persecution. In this article, I consider existing academic literature on refugees and forced migration and situate current trends and processes related to refugees in Southeast Asia within such work. I begin by surveying sociology material on refugees and forced migration processes in general, also drawing from related fields of human geography and interdisciplinary refugee studies. I then review current mixed migration trends and corresponding state responses in the context of globalization and contemporary conflict in Southeast Asia, placing refugee movements within this setting. Finally, using examples from the region, I consider two rough areas of inquiry in need of further sociological exploration – (i) purposive transnational refugee actions and processes and (ii) the dynamic social spaces created and developed out of refugee migration. Human rights implications of these issues are considered throughout, and suggestions to reconsider human rights protection beyond nation‐state‐focused models are given.