Marie-Bénédicte Dembour
Biographic Data
| ID | 259735 |
|---|---|
| NAME | Marie-Bénédicte Dembour |
| GIVEN NAMES | Marie-Bénédicte |
| FAMILY NAME | Dembour |
| SIGNATURE | DEMBOUR M |
| AFFILIATIONS | University of Sussex |
| ORCID | 0000-0002-3270-4067 |
| VERIFIED | Yes |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 53 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 3 |
Recalling the Belgian Congo: Conversations and Introspection
When the author embarked on her study, her aim was to approach former colonial officers with a view to analyzing processes of domination in the ex-Belgian Congo. However, after establishing a rapport with some of these officers, the author was soon forced to revise her initial assumptions, widely held in present-day Belgium: these officers were not the "baddies" she had expected to meet. Exploring the colonial experience through the respondents' …
When humans become migrants: Study of the European Court of Human Rights with an Inter-American counterpoint
The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. This book examines the way in which two institutions tasked with ensuring the protection of human rights—the European Court of Human Rights and InterAmerican Court of Human Rights—treat claims lodged by migran…
Gaygusuz Revisited: The Limits of the European Court of Human Rights' Equality Agenda
Today, Gaygusuz v Austria is widely considered to be a leading case of the European Court of Human Rights. Interestingly, such fame was not anticipated at the time of its pronouncement in September 1996. Moreover, in the subsequent 15 years, Gaygusuz did not lead to the development of an eminently significant case law. While the judgment is remembered for its broad pronouncement in favour of equality irrespective of nationality status, in fact it…
Are Human Rights for Migrants: Critical Reflections on the Status of Irregular Migrants in Europe and the United States
Introduction, Marie-Benedicte Dembour and Tobias Kelly Part I: Taking it as a given: The affirmation of the optimist 1. The Recognition of the Rights of Migrants within the UN Human Rights System: the First SixtyYears, Stefanie Grant 2. Irregular Migration and Frontier Deaths: Acknowledging a Right to Identity, Stefanie Grant Part II: Deliberating: The efforts of those who work the system 3. The Constitutional Status of Irregular Migrants: Testin…
What Are Human Rights? Four Schools of Thought
A close reading of academic literature reveals that we do not all conceive of human rights in the same way. This contribution proposes that "natural scholars" conceive of human rights as given ; "deliberative scholars" as agreed upon ; "protest scholars" as fought for ; and "discourse scholars" as talked about . The position of each of these four schools on the foundation, universality, possible realization, and legal embodiment of human rights i…
Who Believes in Human Rights: Reflections on the European Convention
Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, th…
Changing Sex and Bending Gender
Silencing Hearings? Victim-Witnesses at War Crimes Trials
It is commonly accepted that war crimes trials should provide a space for victims to tell their stories. A close reading of the transcripts of victim-witnesses’ testimonies in the Krstic trial at the International Criminal Tribunal for the former Yugoslavia suggests, however, that war crimes trials effectively silence, rather than hear, victims. In this particular trial, victim-witnesses predictably governed neither the agenda nor the pace of the…
Human Rights Law and National Sovereignty in Collusion: The Plight of Quasi-Nationals at Strasbourg
This article offers a review of the cases where the European Court of Human Rights has been called upon to decide whether or not the expulsion of a ‘quasi-national’ following criminal conviction violated the European Convention on Human Rights. The Court has adopted various findings since its first ruling in 1991. The first part of this article argues that neither the facts of the cases, nor the composition of the relevant judicial panels, nor an…
Following the movement of a pendulum: Between universalism and relativism
Universalism and relativism are often presented as two opposite and irreconcilable moral (or epistemological) positions as regards human rights. Most often, the debate is phrased as if one should embrace either one or the other position. This chapter argues that these two positions cannot be considered independently of each other. Each is untenable by itself and needs to accommodate the other to be sustainable. The position I advocate, which enco…
Culture and Rights: Anthropological Perspectives
Do people everywhere have the same, or even compatible, ideas about multiculturalism, indigenous rights or women's rights? The authors of this book move beyond the traditional terms of the universalism versus cultural relativism debate. Through detailed case-studies from around the world (Hawaii, France, Thailand, Botswana, Greece, Nepal and Canada) they explore the concrete effects of rights talk and rights institutions on people's lives
Recalling the Belgian Congo: Conversations and Introspection
When the author embarked on her study, her aim was to approach former colonial officers with a view to analyzing processes of domination in the ex-Belgian Congo. However, after establishing a rapport with some of these officers, the author was soon forced to revise her initial assumptions, widely held in present-day Belgium: these officers were not the "baddies" she had expected to meet. Exploring the colonial experience through the respondents' …
The Conscious Death of a Two-Year-Old: Beautiful and Unbearable
This article draws on the personal experience by the author of an infant's illness and death to make three points: 1) children, however young, should be recognized as conscious beings, able to handle their dying process; 2) close relatives and medical staff may not be able to face the impending death of a patient; professionals may need to be brought in to help them come to terms with a situation of terminal illness; 3) by keeping illness and dea…
La chicote comme symbole du colonialisme belge
The whipping of African prisoners during the Belgian colonial period is a common theme for artists of the Zairian urban popular school. Their paintings, frequently referred to in contemporary academic literature on the former Belgian colony, are used here as a starting point for an analysis of the discourse of former territoriaux regarding their use of the whip in their colonial administrative functions. After reviewing the different arguments wh…
Silencing Hearings? Victim-Witnesses at War Crimes Trials
It is commonly accepted that war crimes trials should provide a space for victims to tell their stories. A close reading of the transcripts of victim-witnesses’ testimonies in the Krstic trial at the International Criminal Tribunal for the former Yugoslavia suggests, however, that war crimes trials effectively silence, rather than hear, victims. In this particular trial, victim-witnesses predictably governed neither the agenda nor the pace of the…
Culture and Rights: Anthropological Perspectives
Do people everywhere have the same, or even compatible, ideas about multiculturalism, indigenous rights or women's rights? The authors of this book move beyond the traditional terms of the universalism versus cultural relativism debate. Through detailed case-studies from around the world (Hawaii, France, Thailand, Botswana, Greece, Nepal and Canada) they explore the concrete effects of rights talk and rights institutions on people's lives
La chicote comme symbole du colonialisme belge
The whipping of African prisoners during the Belgian colonial period is a common theme for artists of the Zairian urban popular school. Their paintings, frequently referred to in contemporary academic literature on the former Belgian colony, are used here as a starting point for an analysis of the discourse of former territoriaux regarding their use of the whip in their colonial administrative functions. After reviewing the different arguments wh…
Human Rights Law and National Sovereignty in Collusion: The Plight of Quasi-Nationals at Strasbourg
This article offers a review of the cases where the European Court of Human Rights has been called upon to decide whether or not the expulsion of a ‘quasi-national’ following criminal conviction violated the European Convention on Human Rights. The Court has adopted various findings since its first ruling in 1991. The first part of this article argues that neither the facts of the cases, nor the composition of the relevant judicial panels, nor an…
La chicote comme symbole du colonialisme belge
The whipping of African prisoners during the Belgian colonial period is a common theme for artists of the Zairian urban popular school. Their paintings, frequently referred to in contemporary academic literature on the former Belgian colony, are used here as a starting point for an analysis of the discourse of former territoriaux regarding their use of the whip in their colonial administrative functions. After reviewing the different arguments wh…
The Conscious Death of a Two-Year-Old: Beautiful and Unbearable
This article draws on the personal experience by the author of an infant's illness and death to make three points: 1) children, however young, should be recognized as conscious beings, able to handle their dying process; 2) close relatives and medical staff may not be able to face the impending death of a patient; professionals may need to be brought in to help them come to terms with a situation of terminal illness; 3) by keeping illness and dea…
Recalling the Belgian Congo: Conversations and Introspection
When the author embarked on her study, her aim was to approach former colonial officers with a view to analyzing processes of domination in the ex-Belgian Congo. However, after establishing a rapport with some of these officers, the author was soon forced to revise her initial assumptions, widely held in present-day Belgium: these officers were not the "baddies" she had expected to meet. Exploring the colonial experience through the respondents' …
Following the movement of a pendulum: Between universalism and relativism
Universalism and relativism are often presented as two opposite and irreconcilable moral (or epistemological) positions as regards human rights. Most often, the debate is phrased as if one should embrace either one or the other position. This chapter argues that these two positions cannot be considered independently of each other. Each is untenable by itself and needs to accommodate the other to be sustainable. The position I advocate, which enco…
Culture and Rights: Anthropological Perspectives
Do people everywhere have the same, or even compatible, ideas about multiculturalism, indigenous rights or women's rights? The authors of this book move beyond the traditional terms of the universalism versus cultural relativism debate. Through detailed case-studies from around the world (Hawaii, France, Thailand, Botswana, Greece, Nepal and Canada) they explore the concrete effects of rights talk and rights institutions on people's lives
Human Rights Law and National Sovereignty in Collusion: The Plight of Quasi-Nationals at Strasbourg
This article offers a review of the cases where the European Court of Human Rights has been called upon to decide whether or not the expulsion of a ‘quasi-national’ following criminal conviction violated the European Convention on Human Rights. The Court has adopted various findings since its first ruling in 1991. The first part of this article argues that neither the facts of the cases, nor the composition of the relevant judicial panels, nor an…
Silencing Hearings? Victim-Witnesses at War Crimes Trials
It is commonly accepted that war crimes trials should provide a space for victims to tell their stories. A close reading of the transcripts of victim-witnesses’ testimonies in the Krstic trial at the International Criminal Tribunal for the former Yugoslavia suggests, however, that war crimes trials effectively silence, rather than hear, victims. In this particular trial, victim-witnesses predictably governed neither the agenda nor the pace of the…
Changing Sex and Bending Gender
Who Believes in Human Rights: Reflections on the European Convention
Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, th…
What Are Human Rights? Four Schools of Thought
A close reading of academic literature reveals that we do not all conceive of human rights in the same way. This contribution proposes that "natural scholars" conceive of human rights as given ; "deliberative scholars" as agreed upon ; "protest scholars" as fought for ; and "discourse scholars" as talked about . The position of each of these four schools on the foundation, universality, possible realization, and legal embodiment of human rights i…
Are Human Rights for Migrants: Critical Reflections on the Status of Irregular Migrants in Europe and the United States
Introduction, Marie-Benedicte Dembour and Tobias Kelly Part I: Taking it as a given: The affirmation of the optimist 1. The Recognition of the Rights of Migrants within the UN Human Rights System: the First SixtyYears, Stefanie Grant 2. Irregular Migration and Frontier Deaths: Acknowledging a Right to Identity, Stefanie Grant Part II: Deliberating: The efforts of those who work the system 3. The Constitutional Status of Irregular Migrants: Testin…
Gaygusuz Revisited: The Limits of the European Court of Human Rights' Equality Agenda
Today, Gaygusuz v Austria is widely considered to be a leading case of the European Court of Human Rights. Interestingly, such fame was not anticipated at the time of its pronouncement in September 1996. Moreover, in the subsequent 15 years, Gaygusuz did not lead to the development of an eminently significant case law. While the judgment is remembered for its broad pronouncement in favour of equality irrespective of nationality status, in fact it…
When humans become migrants: Study of the European Court of Human Rights with an Inter-American counterpoint
The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. This book examines the way in which two institutions tasked with ensuring the protection of human rights—the European Court of Human Rights and InterAmerican Court of Human Rights—treat claims lodged by migran…
Recalling the Belgian Congo: Conversations and Introspection
When the author embarked on her study, her aim was to approach former colonial officers with a view to analyzing processes of domination in the ex-Belgian Congo. However, after establishing a rapport with some of these officers, the author was soon forced to revise her initial assumptions, widely held in present-day Belgium: these officers were not the "baddies" she had expected to meet. Exploring the colonial experience through the respondents' …
Sociology (13 works) · Political science (12 works) · Law (10 works) · Human rights (7 works) · Philosophy (7 works) · Epistemology (5 works) · Art (3 works) · Colonialism (3 works) · European Criminal Justice and Data Protection (3 works) · Fundamental rights (3 works)