This paper analyses the fundamental changes in the ethical framework of the care model required for effective deinstitutionalisation in the field of disability. Adopting a doctrinal and conceptual approach grounded primarily in the CRPD, it examines the transition from an assistencialist culture, rooted in institutional forms of care, to a human rights-based approach that recognises persons with disabilities as active rights holders. On this basis, the paper identifies some of the key rights and ethical dimensions that should guide the transformation of care and support systems. It argues that deinstitutionalisation requires not merely a change in the place or manner in which care is provided, but a systemic transformation aimed at enabling persons with disabilities to exercise choice and control over their own lives and to live and participate in the community on an equal basis with others.
Anti-discrimination law addresses unjustified differential treatment but assumes that the subjects and relationships under review are already legally intelligible. This article argues that the framework cannot fully address forms of inequality produced by the legal conditions that determine which family relationships are recognized in the first place. It distinguishes downstream discrimination from upstream inequality and shows how dominant family norms, binary registration systems, and discretionary decision-making can sustain exclusion within formally non-discriminatory frameworks. In response, it develops a post-comparative model of relational justice grounded in self-determination, relational pluralism, care, and co-responsibility, shifting the focus from unequal treatment to the conditions of legal recognition.
Free trade agreements (FTAs) are rarely analysed as human-rights-relevant instruments. This article examines selected ASEAN-related FTAs through Fredman’s four-dimensional substantive equality framework: redressing disadvantage, countering stereotyping, enhancing participation and enabling structural change. Social reproduction theory specifies why care, dependency and social protection matter for rights enjoyment. Using comparative doctrinal analysis of six treaty cases, contextualised by an archived inventory of 126 initiatives, the article finds social protection and gender provisions alongside uneven institutional responsibility and follow-up. It proposes equality-oriented design principles for trade governance, distinguishing existing cooperation powers from reforms requiring agreement and making no claims about observed welfare outcomes.
African States contribute minimally to global greenhouse gas emissions but disproportionately experience the adverse effects of climate change, with profound consequences for human rights, sustainable development, and intergenerational equity. This article contextualises these disparities within the historical dynamics of fossil capitalism and an international legal framework characterised by enduring global inequalities and differentiated responsibilities. It assesses the limited integration of African States’ priorities, circumstances, and normative perspectives in global climate governance and in the International Court of Justice’s Advisory Opinion on climate change. The analysis further examines the African Human Rights System, particularly the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights (AfCHPR), in establishing environmental standards for human rights protection in the context of climate change. Finally, the article analyses the potential contribution of the requested AfCHPR’s Advisory Opinion on climate change to the development of standards on human rights, the protection of future generations, and corporate accountability in the context of climate change.
In this article we undertake a critical analysis of the ECtHR jurisprudence regarding racial profiling in policing. The goal of the paper is to contribute to the discussion on ways to increase opportunities for access to justice for victims of racial profiling. Our proposals focus mainly on the following hypotheses: i) antidiscrimination law must clearly identify the social group that it aims to protect; ii) a “colour-blind” perspective of racial equality must be avoided to better define these cases; iii) courts must analyse, to determine whether racial profiling exists, police officers’ justification for the identity check process (not the existence of a racist attitude or motivation).
