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(side 277-291)
av Elin Skaar
Engelsk sammendrag

Abstract: The Prosecution of Military Officers in Latin America. This article analyses why judges in Argentina and Chile since the mid-1990s have displayed an increased willingness and ability to prosecute the military for gross human rights violations committed during the dictatorship period in the 1970s and 1980s, whereas judges in Uruguay have been much more reluctant to do so. All three countries have had a reduction in military threat as well as continuous pressure from civil society for prosecution. However, only Argentina and Chile have had constitutional reforms changing the structural framework for judicial action as well as bringing in more liberal judges, who have demonstrated greater sensitivity to changes in the international human rights context.

Keywords: Latin America, human rights, judicial independence, justice, military prosecution

(side 292-306)
av Stéphanie Lagoutte
Engelsk sammendrag

Abstract: Surrounding and Extending Family Life: The Notion of Family Life in the Case-Law of the European Court of Human Rights. This article deals with the extent and limits of the notion of family life, as stated in Article 8 of the European Convention on Human Rights, based on an analysis of the case-law of the European Court of Human Rights. The notion of family life comprises relationships between individuals and other elements pertaining to their personal life (family home, identity, etc.). The right to respect for family life also overlaps other rights protected by the Convention (right to respect for private life and home, right to property, right to education). The article shows that by accepting a larger and more elusive definition of the family life, the European Court of Human Rights has also created a greater uncertainty in its practice.

Keywords: European Convention on Human Rights; family life; European Court of Human Rights; uncertainty

(side 307-324)
av Helga Fastrup Ervik
Engelsk sammendrag

Abstract: The Refugee Protection of Women. A Feminist Critique of Norwegian Practice in Asylum Cases. This article explores the need for a gender-sensitive interpretation of the refugee definition as it is expressed in the 1951 Refugee Convention, in light of the principle of non-discrimination based on sex. It argues that women's experiences of grave human rights violations are as relevant as those of men in relation to refugee status determination. The author concludes that both the obligation not to discriminate on the basis of sex, as well as the need to secure a proper interpretation of the refugee definition implies that a gender-sensitive interpretation is required.

Keywords: Gender-related persecution, women, refugee protection.

  • ISSN Online: 1891-814X
  • ISSN Print: 1891-8131
  • DOI: https://doi.org/
  • Utgiver: Universitetsforlaget
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