The Use of Human Rights Language in International and EU Law
Please note: Registration for the social dinner is closed. To attend the conference, please send an email
Introduction
The annual Conference of Young Scholars of International Legal Studies (Incontro di studio tra giovani cultori delle materie internazionalistiche) has taken place in Italy since 2003 and offers a critical discussion forum for doctoral students, early career academics, and young legal professionals. The XXI edition of the Conference will be hosted by the Faculty of Law of the University of Trento and will be held in the context of the Horizon Europe’s project HRJust (https://hrjust.wordpress.com/).
The Theme for the XXI Conference
Over the last decades, human rights have progressively informed the international and EU legal debate. Notwithstanding waves of political pushback and doctrinal contestation, leading to talks of a ‘post-human rights era’, human rights today appear more alive than ever.
The title of the Conference purposefully refers to broad concepts such as ‘use’ and ‘language’ to capture the pervasiveness of human rights in all its ramifications. The complex nature of the use of human rights language is apparent not only in the many forms that it may take but also in the actors behind it and the objectives that they pursue. Furthermore, the Conference aims to discuss the effects, both in law and in practice, of the use of human rights language. Indeed, whether the widespread use of human rights language in international and EU law can represent a lodestar for cross-fertilization among legal sectors may be questioned. Broader legitimacy questions also arise. Is the language of human rights fully a language of empowerment for disenfranchised individuals and communities, or is it still rooted in Western and hegemonic conceptions? Can new uses of human rights language result in abuses, distorting human rights’ essence, and are there any remedies against such potential abuses?
Programme
Thursday 5 December 2024
2:15 pm – Welcome address: Giuseppe Nesi, University of Trento
2:30 pm – Keynote Speech: Guido Raimondi, former President of the European Court of Human Rights, Luiss Guido Carli University
3:00 pm – Panel I: The Potential of Human Rights Language in the Development of Different Legal Regimes
Discussant: Elisabetta Bergamini, University of Udine
Chair: Paolo Turrini, University of Trento
- Caterina Benini (Catholic University of the Sacred Heart of Milan), “Domestic Violence- Induced Child Abduction Cases: How Private International Law Makes the Best of Both the Hague Child Abduction Convention/Brussels IIter Regulation and the Istanbul Convention”
- Mario Nocerino (University of Naples Federico II), “The EU Corporate Due Diligence Directive and the Right to Access to Justice: A Private International Law Perspective”
- Marilù Porchia (University of Ferrara), “Human Rights Impact Assessments in EU External Action: Respect for Fundamental Rights as an Element of Good Administration in the European Ombudsman’s Decisions”
4:30 pm – Break
5:00 pm – Panel II: The Use of Human Rights Language before Non-Human Rights Courts
Discussant: Fulvio Maria Palombino, Tor Vergata University of Rome
Chair: Caterina Milo, University of Trento
- Geraldina Ester Di Natali (University of Catania), “Acknowledging the ‘Right to Punishment’ as a Human Right: How Victims’ Prerogatives Shape the Duty to Prosecute Massive Crimes at a Domestic and International Level”
- Mattia Elia (University of Bologna), “The Freedom to Conduct Business: A Distortion of the Human Rights Language?”
- Nicola Claire Strain (University of Oslo), “The (De)legitimising Use of Human Rights Language in ISDS: Justice and (De)colonialism in the Spotlight”
6:30 pm – Presentation of the proceedings of the XX Conference of Young Scholars of International Legal Studies
Friday 6 December 2024
9:00 am – Panel III: From Strategic Use to Abuse of Human Rights Language
Discussant: Christina Binder, Bundeswehr University Munich
Chair: Chiara Tea Antoniazzi, University of Trento
- Gabriela Hühne Porto (Pontifical Catholic University of Rio de Janeiro), “A Climate Change-Based Approach to Human Rights’ (Critique): Reflections from Selected Practices in Latin America”
- Giulia Bosi (Sant’Anna School of Advanced Studies of Pisa), “The Power of Language in the Context of the Right to Mental Health: Definitions, Terminology and Abuse of Narratives”
- Stefano D’Aloia (Université libre de Bruxelles), “When the ECtHR and Illegal de Facto States Speak the Same Language”
- Ester Ferriello (University of Naples Federico II), “The Non-enforcement of Intra-EU Investment Awards Before the European Court of Human Rights”
10:45 am – Break
11:15 am – Panel IV: Critical Approaches to the Use of Human Rights Language
Discussant: Luigi Crema, University of Milan
Chair: Elena Fasoli, University of Trento
- Erika Miyamoto (University of Bologna), “Broadening Protections? The European Court of Human Rights’ Vocabulary on Gender-Based Violence against Trans and Intersex Women”
- Giacomo Bruno (Geneva Graduate Institute of International and Development Studies), “Beyond the Meaningless Language of Business and Human Rights: A Proposal from the Perspective of Societal Constitutionalism”
- Maike Middeler (Helmut Schmidt University of Hamburg), “The Right to the Truth – From an Activist Demand to an Authoritative Tool?”
12:40 pm – Presentation of the XXII Conference of Young Scholars of International Legal Studies
12:45 pm – Conclusions: Alessandra Gianelli, Sapienza University of Rome
Organising committee: Chiara Tea Antoniazzi, Elena Fasoli, Caterina Milo, Paolo Turrini (University of Trento)
Poster 5-6 December 2024 (PDF | 131 KB) Programme 5-6 December 2024 (PDF | 211 KB)