Published since January 1, 2007

Law & Ethics of Human Rights

ISSN: 1938-2545

Editor-in-chief: Gila Stopler

Editorial Board: Eyal Benvenisti, Moshe Cohen-Eliya, Stephen Macedo, Nancy Rosenblum

About this journal

Objective
Law & Ethics of Human Rights (LEHR) aspires to analyze and clarify the concepts of moral and legal rights, and to contribute to conflict resolution in human rights law. Each issue of LEHR focuses on one contemporary dilemma that raises major moral and legal questions. Each such dilemma is examined using an interdisciplinary approach to human rights law, an approach which strives to create associations between legal provisions and the philosophical thinking underlying them. Moreover, it is our hope that publishing the work of distinguished scholars from various countries will mitigate the problem of culturally insensitive application of human rights norms.

Topics

Multiculturalism
Anti-discrimination
Use of demographic considerations to shape public policy
International labor rights and regulations and rights
Balancing
Proportionality

Article formats
Research articles

>Information on submission process

LEHR publishes exclusively themed, special issues in two parts annually. Outside submissions are not currently accepted at this time.

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Interested readers can access LEHR full content for free: Simply go to https://www.degruyter.com/accessLink/ACCESSLEHR (ACCESSLEHR). You will then have free access to all articles for the time of your visit. Note: you must have a registered user account with De Gruyter to access free access token link.

Similar links are provided on select De Gruyter titles so that you can enjoy access to a number of De Gruyter law and economics journals.

Your benefits:

Important contributions to the resolution of conflicts within human rights law
Integrated approach based on associations between legal provisions and the philosophical thinking underlying them
Distinguished human rights scholars from leading international law schools in the Editorial Board
Rigorous peer-review

Law & Ethics of Human Rights is published in cooperation with the College of Law & Business, Ramat Gan, Israel. For more information, please visit their website.

History

Content available since 2007 (Volume 1, Issue 1)

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Journal Policies

Volume 17 Issue 2

November 2023

Publicly Available January 26, 2024

Frontmatter

Page range: i-iii

Download PDF

January 25, 2024

Little Samaritan Brothers: Crowdsourcing Voter Surveillance

Anat Ben-David

Page range: 127-165

Abstract

Voter surveillance for digital campaigning is perceived as enacted from above. Political parties are “all-seeing actors” combining access to the Voters’ Registry with digital tools to maximize voter turnout. At the same time, new forms of lateral surveillance emerge as citizens voluntarily participate in the data collection process to help political parties achieve their electoral goals. This article examines the reconfiguration of the concepts of crowdsourcing and political participation through the use of voter-surveillance applications. Theoretically, it explores how crowdsourced voter surveillance (CVS) builds on the emancipatory rhetoric of political participation and crowdsourcing while relying on social, technical, and political surveillance infrastructures. Empirically, it maps the information flows and knowledge hierarchies afforded by Elector , a CVS app used by the Likud party in the Israeli election of March 2020. The findings indicate that contrary to the logic of crowdsourcing as democratizing knowledge and participation, CVS cultivates controlled individuals and normalizes lateral surveillance as a ritualistic and desired form of political participation. The article therefore describes the type of political action that CVS constructs as Little Samaritan Brothers: citizens who collectively resign their rights and the rights of their peers for the party’s success.

January 25, 2024

Power to the Users

Tomer Shadmy

Page range: 167-204

Abstract

Major online platforms deploy an array of policies and data-driven legislative and enforcement mechanisms, transforming economic, social, and technological powers into political might. While platforms use private law to legitimate the exercise of this form of power, the novel political relations and tools have a tremendous public impact, both on individuals’ and communities’ political freedom and on the public sphere. Digital rights literature that tends to focus on particular rights, such as privacy or freedom of expression, deals less with the implications of platforms’ emerging political authority. The article addresses this lacuna by (1) analyzing the quasi-sovereign power of platforms, (2) mapping how this form of power disrupts political freedom and the public sphere, (3) revealing a theoretical trap that blocks existing attempts to address the threats and (4) developing a bottom-up approach to resolve this bind. The article proposes the creation of “Users Unions” – legal structures that create affordance for users to have a collective voice within platforms’ corporate governance and decision-making mechanisms. The proposed structural reform could mitigate the power disparities between users and online platforms and assist in respecting, protecting, and fulfilling users’ political rights.

January 25, 2024

Digital Platforms and the Right to Just and Favorable Conditions of Work: A Business and Human Rights Perspective

Izabela Jędrzejowska-Schiffauer, Łukasz Szoszkiewicz

Page range: 205-226

Abstract

Digital platform economy has radically changed the modes in which work is organized, stretching the functionality of legal environment of work and its governance. This article builds on a strand of labor law scholarship that advances the need to rethink the legal construction of work and work relationship in order to adapt it to the dynamically evolving socio-economic context. By applying a business and human rights lens to this process, this article confutes the mainstream argument that labor rights guarantees remain contingent on an individual’s enjoying the status of an employee under national jurisdiction. We survey a largely underexamined conception of affording protection to platform workers under International Human Rights Law (IHRL). In doing so, we argue that the instruments of IHRL may in some respects be even better placed than that of national law, both strengthening and complementing areas where state protection is weak or non-existent. Through the right to just and favorable conditions of work perspective, we outline the non-contested, albeit partly poorly implemented obligations of states, as well as largely contentious and contested responsibilities of private actors such as digital platforms towards the rights-holders. We conclude by arguing that the leverage offered by IHRL in the struggle to curb a quasi-sovereign power of the platform largely outweighs the democratically motivated objections this avenue may raise.

Open Access January 25, 2024

Exploring the Role of Civic Monitoring of Coal Ash Pollution: (Re)gaining Agency by Crowdsourcing Environmental Information

Anna Berti Suman, Amelia Burnette

Page range: 227-256

More Download PDF

Abstract

Citizen-gathered evidence (CGE) gathered by individuals organized in collectives have the potential to demonstrate environmental and social wrongdoings in court. We identify (collective) agency and resistance in how individuals and communities that have been exposed to socio-environmental stressors turn to gather CGE. We explore the modes through which people gather scientific data, produce CGE, alert authorities to environmental harm, and the methods by which data can be shared with communities, beginning with the case studies of civic environmental monitoring addressing coal ash pollution in North Carolina. We analyze the case studies through a theoretical lens built on (1) the theory of civic monitoring “as resistance;” (2) the argument that CGE can embody “collective intelligence;” and (3) the concept of “crowd science” through a decentralized yet coordinated network. In the first part of the article, we introduce the case studies. Then, we illustrate our theoretical frame as applied to the analysis of the cases. We discuss the cases and in particular the CGE at issue through the prism of the frame. We demonstrate how CGE can be valuable not only for civil society and civic organizations, but also for competent authorities. In our conclusion, we identify critical junctures of our case studies, such as that of “knowledge crowdsourcing” to demand justice that triggers the government to take action and the existence of a “coordinated” yet decentralized crowd to capture the full extension of the problem. Lastly, we outline the limitations of our study, a future research agenda, and still open questions.

Volume 17 (2023)

Volume 16 (2022)

Volume 15 (2021)

Volume 14 (2020)

Volume 13 (2019)

Volume 12 (2018)

Volume 11 (2017)

Volume 10 (2016)

Volume 9 (2015)

Volume 8 (2014)

Volume 7 (2013)

Volume 6 (2012)

Volume 5 (2011)

Volume 4 (2010)

Volume 3 (2009)

Volume 2 (2008)

Issue 1 Demography and Human Rights

Volume 1 (2007)

Issue 1 Multiculturalism & the Anti-discrimination Principle

CiteScore	1.4	2022, Scopus (Elsevier B.V., 2023)
SCImago Journal Rank	0.163	2022, SJR (Scimago Lab, 2023; Data Source: Scopus)
Source Normalized Impact per Paper	0.572	2022, CWTS Journal Indicators (CWTS B.V., 2023; Data Source: Scopus)

More information about journal rankings

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Submission process

Submission of your paper
Peer review process (you will be guided through every step)
If accepted, you have the option to publish it open access
Publication online and in print

Please note

Unsolicited submissions are not accepted by this journal. Volumes are based on papers presented from a yearly conference
Manuscripts must be written in clear and concise English
Before submitting your article please have a look at Ethical Guidelines and our Copyright Transfer Agreement
Once your article is accepted you have the option to publish it open access
Our Repository Policy allows you to distribute 30 PDF copies of your published article to colleagues (the PDF has to include the information that it is an author's copy). Please also feel free to distribute the link to the online abstract
If you have any general questions please visit our FAQ for authors

We look forward to receiving your manuscript!

Hybrid Open Access

In this journal, authors have the option to publish their article under an open access license. Open Access allows you as an author to retain copyright and share your findings with colleagues and interested parties worldwide without any restraints.
Please note that authors from institutions with which we have a transformative agreement can publish open access without paying an article processing charge (APC). More information on the eligible institutions and articles can be found under the "Funding and Support" tab here.

Editorial

Editor-in-Chief
Gila Stopler, College of Law & Business, Israel

Editors
Eyal Benvenisti, Tel Aviv University, Israel
Moshe Cohen-Eliya, College of Law & Business, Israel
Stephen Macedo, Princeton University, USA
Nancy Rosenblum, Harvard University, USA

Production Editor
Michele Manspeizer

Advisory Board
Seyla Benhabib, Yale University, USA
Chaim Gans, Tel-Aviv University, Israel
Alon Harel, Hebrew University, Israel
Thomas Pogge, Columbia University, USA
Judith Resnik, Yale University, USA
Ayelet Shachar, University of Toronto, Canada
Henry Steiner, Harvard University, USA

Volume 11, Issue 2 Guest Editors
Dr. Tally Kritzman-Amir, College of Law & Business, Israel
Iddo Porat, College of Law & Business, Israel

Volume 11, Issue 1 Guest Editors
Dr. Tally Kritzman-Amir, College of Law & Business, Israel
Iddo Porat, College of Law & Business, Israel

Volume 10, Issue 2 Guest Editors
Avigail Eisenberg, University of Victoria, Australia
Patti Lenard, University of Ottawa, Canada

Volume 8 Guest Editors
Shelly Kreiczer-Levy, College of Law & Business, Israel
Pamela Laufer-Ukeles, University of Dayton, School of Law, USA

Volume 7 Guest Editors
Dr. Tally Kritzman-Amir, College of Law & Business, Israel
Dr. Ronit Donyets-Kedar, College of Law & Business, Israel

Volume 4 Guest Editor
Iddo Porat, College of Law & Business, Israel

Volume 3 Guest Editors
Yossi Dahan, College of Law & Business, Israel
Faina Milman-Sivan, University of Haifa, Israel

Volume 2 Guest Editor
Gila Stopler, College of Law & Business, Israel

Student Editors
Zoabi Abed-Elrahman
Shachar Cohen
Anat Halpern
Danielle Haziza
Noam Joseph Pariente
Daniela Repolo
Tal Rofe
Theo Avraham George Sasporta
Sivan Shomroni
Inbar Solomon
Kayla Swedlow
Sofia Zaklis Gotlive

(Deutsch)

Online ISSN: 1938-2545
Print ISSN: 2194-6531
Type: Journal
Language: English
Publisher: De Gruyter
First published: January 1, 2007
Publication Frequency: 2 Issues per Year
Audience: Law scholars, ethicists, policy researchers, as well as government practitioners