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Zimmermann, Nesa

Nom
Zimmermann, Nesa
Affiliation principale
Fonction
Professeure assistante, titulaire de la Chaire de droit constitutionnel suisse et comparé
Email
nesa.zimmermann@unine.ch
Identifiants
https://libra.unine.ch/handle/123456789/32314
_
0000-0003-3723-2975

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  • Publication
    Accès libre
    Beyond Crisis: Understandings of Vulnerability and Its Consequences in Relation to Intimate Partner Violence
    (2023)
    Zimmermann, Nesa 
    This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a “shadow pandemic” and a “hidden crisis”, the article conceptualizes two parallel phenomena: how the COVID-19 pandemic — and crises in general — impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat and reduce IPV. The article then draws a parallel between crisis discourse and vulnerability reasoning, analyzing how vulnerability has played a similar role within the case law of the European Court of Human Rights (ECtHR) and led the latter to develop a consistent strand of case law concretizing states’ positive obligations. The article also takes a critical stance, examining the risks of crisis discourse and vulnerability when viewed through a crisis lens. To counter these risks, it argues for a nuanced, structural, and dynamic understanding of vulnerability and a focus on resilience-building institutions and mechanisms. Within the ECtHR case law, this signifies elaborating upon the already existing positive obligations, including by taking inspiration from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Such an approach is necessary to leave behind the emergency time usually associated with crises and work toward lasting structural change.
  • Publication
    Accès libre
    Transnational Insights for Climate Litigation at the European Court of Human Rights: A South-North Perspective in Pursuit of Climate Justice
    (2023)
    Melanie Murcott
    ;
    Maria Antonia Tigre
    ;
    Zimmermann, Nesa 
    The global climate crisis is increasingly recognised as an issue of climate injustice, including because it is causing (and worsening) inequalities and human rights violations. Moreover, responsibility for emissions and vulnerability to climate impacts are not evenly distributed. They vary among and within states. In order to tackle these issues of justice both within and among states, litigants have taken to domestic and regional courts to engage in climate litigation. A body of transnational climate jurisprudence is emerging in which courts are increasingly looking to laws beyond their relevant state or region, engaging with the moral aims of human rights law, and solidifying international climate commitments. In adjudicating climate cases, courts have become important sites of climate justice. The European Court of Human Rights (ECtHR) is currently adjudicating several important climate cases and could become a key player in responding to the climate crisis. From the point of departure that in a time of climate crisis courts have a crucial role to play in advancing climate justice, we conceptualise climate (in)justice and its significance in climate adjudication. Then, we examine how, in addressing questions of standing and transboundary harm, looking beyond the European Convention on Human Rights legal regime to the Global South (South Africa and the Inter-American System of Human Rights, respectively) could offer valuable transnational insights as the ECtHR adjudicates climate cases. In doing so we hope to contribute to the ongoing transnationalisation of climate jurisprudence.