Book contents
- Grievance Formation, Rights and Remedies
- Law in Context
- International Journal of Law in Context: A Global Forum for Interdisciplinary Legal Studies
- Grievance Formation, Rights and Remedies
- Copyright page
- Dedication
- Contents
- Tables
- Foreword
- Acknowledgements
- Abbreviations
- Prologue: Eugenics and the Control of Reproduction and Sexuality
- Part I Developing Rights and Wrongs
- Part II A Question of Rights?
- 2 A Master Frame of Rights
- 3 Sweden: Remedies with Limited Legal Recognition of Responsibility
- 4 Norway: ‘Ethnic Cleansing’?
- 5 Finland: Silence
- Part III Rights Framing and Grievance Formation
- Bibliography
- Index
2 - A Master Frame of Rights
Involuntary Sterilisation and Castration in International Law
from Part II - A Question of Rights?
Published online by Cambridge University Press: 18 August 2023
- Grievance Formation, Rights and Remedies
- Law in Context
- International Journal of Law in Context: A Global Forum for Interdisciplinary Legal Studies
- Grievance Formation, Rights and Remedies
- Copyright page
- Dedication
- Contents
- Tables
- Foreword
- Acknowledgements
- Abbreviations
- Prologue: Eugenics and the Control of Reproduction and Sexuality
- Part I Developing Rights and Wrongs
- Part II A Question of Rights?
- 2 A Master Frame of Rights
- 3 Sweden: Remedies with Limited Legal Recognition of Responsibility
- 4 Norway: ‘Ethnic Cleansing’?
- 5 Finland: Silence
- Part III Rights Framing and Grievance Formation
- Bibliography
- Index
Summary
This chapter shows how involuntary sterilisation and castration have become problematised in international law. The chapter discusses the rise of international law and human rights in the post-war context. Despite being regarded as international crimes on meeting certain criteria since the Nuremberg trials, the interventions are rarely prosecuted in practice. Efforts to mainstream involuntary sterilisation as human rights violations have been more successful. This development began in the 1990s and has since gone from soft law to binding legal obligations. The chapter shows that uncertainty prevails regarding the legal and remedial conceptualisation of involuntary sterilisation and castration in international human rights law due to inconsistent and incidental treatment of such cases. Ultimately, the argument is made that international law provides a socio-legal master frame for national legal claims. In the case of involuntary sterilisation and castration, however, this master frame is not sharply defined, effectively impeding investigation and problematisation of the practices in national contexts.
Keywords
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- Information
- Grievance Formation, Rights and RemediesInvoluntary Sterilisation and Castration in the Nordics, 1930s–2020s, pp. 43 - 68Publisher: Cambridge University PressPrint publication year: 2023