Human Rights and Global Justice

Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and the key provisions dealing with the (...) redressal mechanisms and processes. Much emphasis is given to highlighting the expansion of the normative framework through the works of the Committee under the ICESCR. The document highlights a few of the important standards developed, interpreted and applied by the Committee in its dealing with member states. The document also mentions a few areas that need further study and analysis in order to understand the impact of the OP-ICESCR mechanisms within domestic jurisdictions, particularly of the member states. (shrink)

Thomas Pogge’s (2006) framework of global justice can be adapted for individual agents or collective unilateral donations in the same way Peter Singer’s framework has been. I do so by amending Pogge’s institutional principles for international human rights NGOs and by adding two further principles to address challenges that arise when his framework is applied. This adapted framework enjoins donors to make principled philanthropic decisions that prioritize existing and near-term suffering, while also rectifying their part in causing this suffering. It (...) makes Pogge’s negative duty account easier to implement than his previous proposal, and provides well-off individuals with an alternative to Effective Altruism. (shrink)

Although the international legal framework protects the rights of all persons to adopt or manifest any religion or belief of choice without discrimination, indigenous spirituality is generally dismissed, marginalised or denied respect and recognition in many states. The dismissal and denial of recognition of indigenous spirituality has led to severe discrimination against many indigenous communities and human rights violations, including the dispossession and loss of sacred sites, the obstruction of spiritual practices and the violation of the right to religious freedom. (...) This article examines state policies and practices on the recognition and registration of indigenous religious groups and the implications for their exercise of religious freedom. It argues that while states’ recognition of indigenous spirituality has grown in recent decades, indigenous beliefs remain among the most marginalised, disrespected, discriminated and unrecognised. Consequently, many indigenous groups cannot fully exercise their religious freedom. (shrink)

The 2024 Global Religious Recognition Report is a compilation of the most recent available data on recognition and registration impacting conditions of religious freedom throughout the world. Each page of the 259-page report is dedicated to each sovereign state and dependent or disputed territory, including an overview of the constitutional structure, secularity and recognition and registration policies and practices. Detailed explanations of registration policy have been gathered from the Office of International Religious Freedom's International Religious Freedom Report in addition to (...) other credible sources. The RoRB classification for each country and territory has been updated in accordance with the criteria set out in the Spectrum of Religious Recognition (SRR) which was included towards the front of this year's report. This year's report includes an abridged version of Dr Monica Gyimah's article (the full article can be found in Journal of Astronist Studies Volume 1 Issue 1) that highlights recognition and registration issues specifically impacting indigenous religious communities. (shrink)

The Global Religious Recognition Report (GRR Report) returns for its second edition, this year including more detail on each country and territory's registration policies and on their practices of states extending privileges to some religions and beliefs and not others. Recognition and registration issues continue to impact conditions of freedom of religion or belief throughout the world and it is the purpose of the GRR Report to highlight the extent of these issues nation by nation as part of the report's (...) country-specific approach to the subject. Detailed explanations of registration policy have been gathered from the Office of International Religious Freedom's International Religious Freedom Report in addition to other credible sources. The RoRB classification for each country and territory has been updated in accordance with the criteria set out in the Spectrum of Religious Recognition (SRR) which was included towards the front of this year's report. With more detail provided this year on registration policy in each nation, this report has revealed the complexity of registration issues and the drastic impacts they have on religious freedom. (shrink)

This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...) sessions of the webinar, the participants explored the terrain of relevant concepts, emerging norms, and moral justifications that underline the case of non-human entities: (i) The Limits of Animal Rights: Exploring the Case for Multispecies Justice, (ii) Humanist Dimensions of Machines, and (iii) Representing Nature: Rights, Crimes, and Diplomacy. Scholarly literature on the subject matter sheds light on the gaps in existing legal frameworks concerning the responsibilities of human beings towards non-human life forms. There is evidence of a growing universal consciousness embedded in the worth and sacredness of non-human life forms. A series of developments in the fields of technology, philosophy, and other disciplines have moved non-human entities to the forefront of legal reforms, domestic and international. (shrink)

The principal finding of the doctoral research of Cometan (a.k.a. Brandon Reece Taylorian) was that the ways governments, both authoritarian and democratic, use their powers to recognise religions and beliefs and register religious or belief organisations is negatively impacting conditions of freedom of religion or belief. Cometan explored the range of recognition and registration issues plaguing religious freedom and other human rights and discovered that there lacks a definitive set of international standards to address some of the granular topics that (...) are causing registration procedures in particular to become onerous and thus impedimental to the free and legal exercise of religion or belief. Cometan's International Religious Rights and Standards (IRRS) document presents a series of standards for how nation states ought to develop their recognition and registration policies and practices to remain FoRB-compliant. The standards of the IRRS document have been created based on the results of Cometan's PhD research, the thesis for which is titled Religious Freedom and State Recognition of Belief. Cometan's intention is that the IRRS document will encourage international organisations like the OSCE and the United Nations as well as national and international human rights courts such as the ECtHR to establish more detailed and country-specific guidelines to address the breath of registration issues and the recognition issues that often worsen such issues. (shrink)

The Convention of the Rights of the Person in Outer Space, more informally known as the Space Rights Convention, is a human rights and animal rights document that outlines basic principles, rights and freedoms bestowed to different categories of species in outer space which including on extraterrestrial bodies (both planetary and sub-planetary), synthetic bodies (e.g. space stations), as well as on spacecraft (both commissioned and uncommissioned) travelling through space itself (which is often referred to in the Convention as the interspace (...) (i.e. the space between terrestrial bodies). The Convention mirrors much of the rights outlined in the 1948 Universal Declaration of Human Rights but its purpose is to tailor those fundamental human rights to the context of spacefaring activity and to civilisations beyond planet Earth's atmosphere. The Convention was composed by Cometan and is published by the Astronist Institution alone on 23rd May 2022 and is scheduled to be republished as one of the preppendices of the Astrodoxy as its final major draft, after which only amendments may be made to its contents. (shrink)

Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a new (...) generation of Afghan boys and girls who will not see their fundamental human rights upheld by the very institutions that are supposed to protect them.​ -/- The Religious Recognition Project considers the topic of how countries register religious groups and activities is one of the foremost issues in the modern world when it comes to respecting and protecting freedom of religion or belief (FoRB). The majority of countries and territories (58% or 137 out of 235 studied) either continue to make government registration mandatory for religious groups or provide no registration procedures at all. -/- An even greater majority of countries have established onerous registration procedures, the consequences of which, whether by intention or not, include the disenfranchisement of belief communities, the deregistration or denial of registered status for minority or "untraditional" religious groups, and the state's maintenance of control over the religious and philosophical lives of citizens. In essence, issues of registration remain a harbinger of worse violations of FoRB to come so if a focus is placed on dismantling these misused recognition and registration systems, it is possible that we could see a brighter future for FoRB conditions in countries worst effected by this issue. (shrink)

Compared to the COP26 summit in Glasgow last year, the COP27 summit in Sharm el-Sheikh has been distinguished by greater inclusion of voices from the Global South, as evidenced by the acceptance of a proposal to create a ‘loss and damage’ fund for developing countries that are suffering from climate disasters. However, it remains to be seen how the mechanisms for the implementation of this fund will be worked out. Western developed countries were vocal in their opposition to the fund (...) throughout the summit, and it was only due to relentless pressures by developing countries that they eventually relented. If past events are anything to go by, then it is highly unlikely that the most vulnerable countries will get to have a substantial say in how the climate fund is operated. In fact, the Western developed countries are already trying to use this as an opportunity to drive a wedge between developing countries and China, whose lending and investment policy presents a favourable alternative to ‘strings-attached’ IMF funding. This is precisely one of the hallmarks of ‘climate colonialism’: a concept that refers to the deployment of justifications ostensibly related to the need to bring the causes of anthropogenic climate change under control, but which in fact serve to legitimize the domination of weaker, poorer states in the periphery of the world-system by stronger wealthier states in the core. What this means is that those who are most responsible for the impending catastrophe will get to dictate the terms of the response (even if ineffective) in a manner that would ensure they can externalize the costs to those who are least culpable. It is well known that poorer countries in warmer climates will be the most severely affected as the plant continues to warm. (shrink)

Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported by human rights principles. One finds (...) that across legal systems, laws align and support these considerations while making justice for psychological harms a matter of rights, well-being, and state responsibility. Human rights practice, literature, and studies highlight the contribution of law and psychology toward justice for psychological harms. Questions of interest to both are whether there is a universal theory on psychological harms to inform matters of justice; whether psychological harm can have a cultural context; whether psychological suffering can have an empirical measure; and whether newer threats like climate anxiety and technology-based harm are being addressed. (shrink)

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (PRC), (...) the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

Modern and contemporary politics of P. R. China contain many elements similar to neo-Nazism if not anti-communist. The derivation from Communist doctrines was a less-known debate inside the CPC party leadership soon after the declaration on the founding of People’s Republic of China - notably between Mao, Zedong and the state leadership which resulted in the criminalization of the first president Liu, Shaoqi. The researcher, as a self-identified cisgender homosexual male and Christian, observed the cultural revisionist developments of the P. (...) R. C. regime from early childhood to date. The article enumerates some elements of the Chinese culture’s characteristics in taming and eliminating psychological and social identity formation that constitutes the regime stability in its dictatorial diplomatic rhetorics. It adopts the Christian theology and queer theology in a Gestalt recombination for the non-identity problem albeit with predominant militarization of religion approaches by the “United Front Working Group” for populist enslavement. The article hypothesizes a receptive psychosocial identity from such population in general, and the similar for Buddhist cultural origins. With the influences of designed propaganda media in media psychology, the political responses in mass psychological phenomena from the suppressed regime is considered to be a reflection on their inner senses of helplessness from the active and reactive failures of identity formation. The amplification of such phenomena is contributed by the nationalism propagandas and a gaslighting technique applied to International relations, which results in subjective Stockholm syndrome in some portions of the population. Relative intersubjectivity and absolute personal identity will be discussed in the conclusions, and its implications to dictatorial politics. (shrink)

Declaring a cosmopolitan right to scientific progress risks perpetuating many of the inequities it aims to overcome. This calls for a re-imagination of science that directly responds to science’s links to violent nationalist projects and the harms of capitalism.

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. Our (...) aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

This Dictionary of Freedom of Religion or Belief is published by the Astronist Institution through its imprint press Astral Publishing and will stand as the third entry in the Institutional Reference Works series. This Dictionary of Freedom of Religion or Belief provides a vast selection of terms covering all areas of religious liberty advocacy, the history of freedom of religion, human rights violations effecting religious freedom, current affairs and the mechanisms that the United Nations and other key organisations have put (...) in place to ensure religious and belief freedoms are protected for every human being around the world. Compiled by Cometan, this dictionary follows on from the Concise Dictionary of Astronism (First Edition; 2020) and The Institutional Dictionary of Astronism (First Edition; 2021). (shrink)

Through engagement with key informants and review of ethical theories applicable to refugee policy, this paper examines the ethical and policy considerations that policy-level stakeholders believe should factor into setting the refugee resettlement ceiling. We find that the ceiling traditionally has been influenced by policy goals, underlying values, and practical considerations. These factors map onto several ethical approaches to resettlement. There is significant alignment between U.S. policy interests and ethical obligations toward refugees. We argue that the refugee ceiling should be (...) restored to historical norms, and that there exists a corresponding obligation to counter negative public perceptions about refugees and the costs of resettlement. (shrink)

Many theorists understand human rights as only aiming to secure a minimally decent existence, rather than a positively good or flourishing life. Some of the theoretical considerations that support this minimalist view have been mapped out in the philosophical literature. The aim of this paper is to explain how a relatively neglected theoretical desideratum – namely, determinacy – can be invoked in arguing for human rights minimalism. Most of us want a theory of human rights whose demands can be realized, (...) and which is acceptable to a range of worldviews. But we might also expect our theory to provide determinate answers to questions of scope (i.e. which putative rights are bona fide human rights?) and practical implementation (i.e. what concrete duties are generated by which rights?). A minimalist view of human rights makes it is easier to jointly fulfil all of these desiderata. (shrink)

Recent global efforts of the United States and England to withdraw from international institutions, along with recent challenges to human rights courts from Poland and Hungary, have been described as part of a growing global populist backlash against the liberal international order. Several scholars have even identified the recent threat of mass withdrawal of African states from the International Criminal Court (ICC) as part of this global populist backlash. Are the African challenges to the ICC part of a global populist (...) movement developing in Africa? More fundamentally, how are the African challenges to the ICC examples of populism, if at all? In this paper, I show that, while there is considerable overlap between the strategies used by particular African leaders to challenge the ICC and those typically considered populist, as well as a discernible thin populist ideology to sustain them, there is insufficient evidence of a larger anti-ICC populist movement in Africa. Although Africa is not as united against the ICC as the populist narrative suggests, the recent challenges to the Court from Africa pose a significant challenge to the Court, as the institution is still in the early stages of building its legitimacy. (shrink)

America and the world are in the process of collapse from excessive population growth, most of it for the last century and now all of it due to 3rd world people. Consumption of resources and the addition of one or two billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. Billions will die and nuclear war is all but certain. In America this is being hugely accelerated by massive immigration (...) and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests. This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. Hence my essay “Suicide by Democracy”. It is also now clear that the seven sociopaths who rule China are winning world war 3, and so my concluding essay on them. The only greater threat is Artificial Intelligence which I comment on briefly. The key to everything about us is biology, and it is obliviousness to it that leads millions of smart educated people like Obama, Chomsky, Clinton, the Democratic Party and the Pope to espouse suicidal utopian ideals that inexorably lead straight to Hell on Earth. As W noted, it is what is always before our eyes that is the hardest to see. We live in the world of conscious deliberative linguistic System 2, but it is unconscious, automatic reflexive System 1 that rules. This is the source of the universal blindness described by Searle’s The Phenomenological Illusion (TPI), Pinker’s Blank Slate and Tooby and Cosmides’ Standard Social Science Model. The first group of articles attempt to give some insight into how we behave that is reasonably free of theoretical delusions. In the next three groups I comment on three of the principal delusions preventing a sustainable world— technology, religion and politics (cooperative groups). People believe that society can be saved by them, so I provide some suggestions in the rest of the book as to why this is unlikely via short articles and reviews of recent books by well-known writers. Another section describes the religious delusion – that there is some super power that will save us. The next section describes the digital delusions, which confuse the language games of System 2 with the automatisms of System one, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). Other digital delusions are that we will be saved from the pure evil (selfishness) of System 1 by computers/AI/robotics/nanotech/genetic engineering created by System 2. The No Free Lunch principal tells us there will be serious and possibly fatal consequences. The last section describes The One Big Happy Family Delusion, i.e., that we are selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. (shrink)

This paper constitutes an exploration and evaluation of the so-called ‘linkage argument' in support of the inclusion of a right to subsistence among human rights. While it is uncontroversial that avoiding poverty is hugely important for all humans, the human right to subsistence and other socio-economic human rights are often regarded as social goals rather than genuine rights. The linkage argument aims to show that a commitment to the existence of any human rights at all entails a commitment to the (...) inclusion of a right to subsistence among them. I argue that the linkage argument does not succeed in vindicating the inclusion of a right to subsistence among moral human rights, but I conclude that a modified version of it might support the justification of a legal human right to subsistence. (shrink)

This is a review of a long, comprehensive, and mostly very good collection of philosophical essays on human rights. I briefly summarise the main ideas put forward in some of the essays that I most admired in the collection. While the collection includes essays from proponents of a wide range of theoretical and methodological perspectives, I suggest in my review that the collection's overall function is to serve as a kind of demonstrative rejoinder to those philosophers, like Raz, who argue (...) that we can and should theorise human rights without trying to furnish them with philosophical foundations. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

In “Immigration, Jurisdiction and Exclusion”, Michael Blake develops a new line of argument to defend a state’s presumptive right to exclude would-be immigrants. His account grounds this right on the state as a legal community that must protect and fulfill human rights. Although Blake’s present argument is valid and attractive in being less arbitrary than national membership and in distinguishing different types of immigrants’ claims, I dismiss it for being unsound due to a lack of further elaboration. The reason for (...) my rejection is that there is a fundamental problem with the third premise as it stands now. Therefore, I contend that Blake’s argument cannot justify a general exclusion of well-protected would-be immigrants. However, in the final part, I will try to defend a modified version of Blake’s argument from imposed obligations by contending that a state has a presumptive right to exclude if the human rights obligations that are imposed on its residents go beyond a viable threshold. (shrink)

AN ATTEMPT to understand the role of dignity in human rights is worthwhile and challenging. Popularly referred to as a “constitutional principle”, “moral precept”, or a “supreme virtue”, dignity has allowed legal systems to adopt evolutionary and impactful practices concerning the welfare of human beings. Defined also as the precursor and basis to the various human rights defined and adopted, dignity continues to facilitate the integration of diverse interests and stakeholders within the framework of human rights thought and practice. By (...) embracing several values and interests, dignity has reached out to protect-preserve-provide for the worth of human beings as well those that cease to be or are not human beings. This introduces a student of human rights to expressions like “interspecies dignity”, “intergenerational dignity”, “trans human dignity”, and “posthumous dignity”, which are all opening the door for a new consciousness in the field of human rights. The proliferating interests of the non-human entities in the form of territorial sovereignty for animals, privacy of the deceased, rights for the dead to be found in case of war/conflict etc., have been attached with an undeniable quality as that is readily found in the understanding of dignity of human beings. In the wake of such developments, there appears a strong sense of regeneration of dignity as a foundational principle, leaving the earlier formulations of personhood, sentience, capacity, and worth into disenchantment. (shrink)

Imagine that you are a farmer living in Kenya. Though you work hard to sell your produce to foreign markets you find yourself unable to do so because affluent countries subsidize their own farmers and erect barriers to trade, like tariffs, thereby undercutting you in the marketplace. As a consequence of their actions you languish in poverty despite your very best efforts. Or, imagine that you are a peasant whose livelihood depends on working in the fields in Indonesia and you (...) are forcibly displaced from your land by a biofuels company because corrupt government officials have stolen the land and sold it to the company. Or, suppose that you work on the coast of Bangladesh but find that increasingly you are unable to cope with salination resulting from sealevel rise – a product of anthropogenic climate change. These, I believe, are cases of global injustice. My question is: What are those who bear the brunt of global injustice entitled to do to secure their, and other people’s, entitlements? Often people focus on the duties of the affluent to respect and uphold the rights of the disadvantaged. This is understandable. But there is a striking omission. Rarely do people analyze, or even mention, what those who lack their entitlements are entitled to do to secure their own rights. This is my focus in this paper. More specifically, I examine what agents are entitled to do to change the underlying social, economic and political practices and structures in a more just direction. (shrink)

In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...) ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)

I would argue that toleration is one of the cornerstones for a just social order in any pluralistic society. Yet, the ideal of toleration is usually thought to originate from within, and most often justified from a European historical and philosophical context. It is thought to be a response to societal conflict and the Wars of Religion in the West, which is then exported to the rest of the world, by colonialism (ironically), or globalization. The West, once again, calls upon (...) itself to teach the rest of the world how to be more ethical. I think that this not only plays into the hands of cultural and ethical relativists, but that this picture is far from accurate; it ignores rich indigenous sources for toleration that already exist and have existed in India for millennia. In this chapter, I explore three central and predominant ideas in India as providing justification for distinctly Indian forms of toleration; as well, I explore Indian forms of secularism. I examine how toleration, and indeed, more strongly, respect for difference and pluralism, emerge through three influential Indian self-understandings: the theory of anekāntavāda or non-absolutism; the concept of ātman or self; and the idea of pratītyasamutapāda or interconnectedness. In contrast to various Euro-Western legal and political ideals that may have little resonance, I think indigenous sources offer a far more promising alternative ground upon which to build an overlapping convergence on basic human rights in India. As the eminent Indian philosopher and states person Sarvepalli Radhakrishnan (1955), Gadamer (Pantham 1992), and James Tully (1995) contend: the purpose of such convergence is not uniformity in diversity, but rather, unity in diversity. These sources provide an antidote not only to current forms of Hindutva in India, but may have something of value from which the West can learn -- given the European Caste System which is alive and continues to thrive today. (shrink)

The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations’ Declaration of Human Rights developed with little or no consultation from (...) non-Western nations such as India. In response, there has developed an extensive literature and cross-cultural analysis of human rights in the areas of African, East-Asian, and Islamic studies, yet there is a comparative dearth of conceptual research relating to India. As problematically, there is an lacuna in the previous literature; it simply stops short at analyzing how Western understandings of human rights may be supported from within various non-Western cultural self-understandings; yet, surely, there is more to this issue. The chapters in this collection pioneer a distinct approach that takes such deliberation to a further level by examining what it is that the West itself may have to learn from various Indian articulations of human rights as well. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

On why agricultural innovation from the Global South can and should be used to adapt food production to climate change. Discussed on hand of three cases studies.

A review essay of David Miller's book: Justice for Earthlings: Essays in Political Philosophy, New York: Cambridge University Press, 2013. The essay situates this work among Miller's other works and critically engages with his arguments and theory of migration.

This article considers how global ethical matters might be approached differently in the English-speaking literature if values salient in sub-Saharan Africa and East Asia were taken seriously. Specifically, after pointing out how indigenous values in both of these major parts of the world tend to prescribe honouring harmonious relationships, the article brings out what such an approach to morality entails for political power, foreign relations and criminal justice. For each major issue, it suggests that harmony likely has implications that differ (...) from approaches that currently dominate Western thought, namely those of utility, autonomy and capability. Lacking the space to systematically defend harmony as a fundamental value, it nonetheless urges theorists not to neglect it in future work. (shrink)

In this chapter, I argue that John Rawls’ later work presents one of the most fruitful liberal frameworks from which to approach global cultural diversity. In his Law of Peoples (1999), the normative architecture Rawls provides is much more open to an intercultural/religious dialogue with various non-Western communities, such as the First Nations, than are other liberal approaches. Surprisingly, this has gone unnoticed in the literature on multiculturalism. At the same time, Rawls’ framework is not problem free. Here, I am (...) concerned with Rawls’ conception of overlapping consensus as political, rather than comprehensive; or the idea that dialogue and discussion concerning issues of justice must necessarily, as a matter of principle, exclude philosophical or religious reasons. I argue that this constraint will only add to the unfair exclusion of legitimate concerns. I demonstrate this in Rawls' discussion of so-called non-public spiritual perspectives of land, non-human animals, and the environment – views strikingly similar to those held by many Indigenous and Native Americans. Rawls’ framework unjustifiably and unjustly excludes such views from participation in the public and political realm. In the context of a globally diverse world, and in light of a history of Western colonialism, oppression, and domination of Indigenous peoples, I would argue that justice and fairness require that such others at least be able to articulate their concerns in the public and political domain, according to their own self-understandings and as they see fit, even if we do not agree with these. I argue that Rawls’ proviso is insufficient as a response. (shrink)

Taking people’s longevity as a measure of good life, humankind can proudly say that the average person is living a much longer life than ever before. The AIDS epidemic has however for the first time in decades stalled and in some cases even reverted this trend in a number of countries. Climate change is increasingly becoming a major challenge for food security and we can anticipate that hunger caused by crop damages will become much more common. -/- Since many of (...) the challenges humanity faced in the past were overcome by inventive solutions coming from the life sciences, we are compelled to reconsider how we incentivize science and technology development so that those in need can benefit more broadly from scientific research. There is a huge portion of the world population that is in urgent need for medicines to combat diseases that are currently neglected by the scientific community and could immensely benefit from agricultural research that specifically targets their environmental conditions. At the same time efforts have to be made to make the fruits of current and future research more widely accessible. These changes would have to be backed by a range of moral arguments to attract people with diverging notions of global justice. This article explores the main ethical theories used to demand a greater share in the benefits from scientific progress for the poor. Since life sciences bring about a number of special concerns, a short list of conflictive issues is also offered. (shrink)

It has come to be widely accepted that jus post bellum includes responsibilities to rebuild. Consequently, duties to establish a sustainable peace are increasingly defined in terms of duties to protect and promote international human rights, including duties to effectively investigate human rights violations, to ensure access to effective remedy, and to transform institutional and legal contexts that have facilitated or sustained human abuse. But what are investigations by transitional bodies seeking when they take on these tasks? Often, investigators present (...) themselves as seeking the truth and claim value for their findings based on having produced a better description or explanation than was antecedently available. But is truth worth pursuing for its own sake in transitions from conflict or must it contribute to some other goal to be valuable? In what follows I argue that the value of truth in transitions from conflict lies in the role of truth in ascribing knowledge. The connection between truth and knowledge makes it important to preserve distinctively epistemological grounds for accepting and rejecting claims and narratives. These distinctively epistemological grounds explain how, if it is conceived of as adequate responsiveness to experience, truth is a legitimate and important goal in transitions from violence that is worth pursuing for its own sake. In particular, I argue that there is value in insisting that adequate responsiveness to experience serve as an arbiter in the reception of claims and narratives because when responsiveness to experience plays an arbitral role it becomes possible for bodies such as truth commissions to serve as vehicles by which groups may attain or ascribe knowledge. (shrink)

Many will readily acknowledge there being rights of humans which trump the rights of states. Thus, these rights are aptly labeled ‘Human Rights,’ by which we may measure and admonish state-conduct. However, in contemporary Human Rights discourse, there is an emerging strand of thought in the academy that is Anti-Human Rights. To understand the foundations of Anti-Human Rights discourse, and to address the arguments that have been put forth, I analyze and incorporate the works of John O. Nelson, Raymond Geuss, (...) Wendy Brown, and Slavoj Žižek. Based on the same, I argue that the core arguments to these assertions are unpersuasive. I attempt at viewing Human Rights justification in different terms, and, to argue for the legitimacy of Human Rights while abandoning the search for justifications in nature, U.S. Foreign Policy, or Neo-Marxist views. (shrink)

The comfort women case in South Korea has been a polemic issue in the context of inherited responsibility. The Japanese government who emphasizes on state as an agent for taking the responsibility tends either to deny collective responsibility of historic wrongdoings or to limit the scope of its roles to superficial ways such as reparation. Meanwhile South Korea demands not only reparation but official apology, emotional compassion, and material compensation on the ground that nation, not state, should be accountable for (...) historic injustice, but this claim still encounters a difficulty of application to cases originated in multinational countries. Based on these observations, I will develop two arguments: (1) that reciprocal nondomination conceptualized with civic responsibility will better the comfort women case in the context of inherited responsibility because this contains full ground of deliberation in which those who come from regardless of state or nation can participate; (2) that reciprocal nondomination embodied with civic responsibility can be operated as a regulative principle which prompts both victims and wrongdoers to have their deliberative stances and to reach an agreement conducive to transitional justice. (shrink)

I argue in this paper that the publication of cartoons caricaturing Islam by Jyllands- Posten is problematic for a number of reasons. First, within liberal political theory itself, there are reasonable arguments that the depictions (at least two) perpetuate prejudice and verge on hate speech. Second, such depictions weaken the social conditions that make possible a thriving democracy (i.e., participation) by marginalizing the already marginalized. Moreover, the caricatures perpetuate an Orientalist discourse about the nature of Islam and the non-West, and (...) hinder global intercultural dialogue and understanding between nations. (shrink)

In this paper, I argue that Will Kymlicka’s theory of “mult”-iculturalism serves to unwittingly perpetuate a form of neo-colonial agenda in which Indigenous claims for recognition and sovereignty in Canada are accommodated to the degree and extent to which they are willing to “liberalize” and promote distinctly Euro-Western self-understandings and conceptions of individual autonomy (tied to substantive notions such as private property) – the supposedly foundational value and defining feature of liberalism. In fact, Kymlicka vehemently attacks Rawls’ theory of political (...) liberalism, whose tolerance-based conception provides a far more open theoretical normative architecture within which to dialogue with non-Western nations, where views of self, autonomy, property, land, non-human animals, and secularism may differ radically from those of liberal Western nations – or so I contend here. (shrink)

Disputes over land are the major source of conflict between Aboriginal and non-Aboriginal peoples around the globe. According to the Royal Commission on Aboriginal Peoples in Canada, land claims do not simply have to do with economic settlements. They also involve, in a critical sense, respect and recognition for cultural differences regarding culturally distinct self-understandings of land. The Commissioners argue that these disputes will never be wholly resolved unless dialogue and negotiations are "guided by one of the fundamental insights from (...) our hearings: that is, to Aboriginal peoples, land is not just a commodity; it is an inextricable part of Aboriginal identity, deeply rooted in moral and spiritual values" (1996, 430). I would contend that human rights and global justice require that, as the United Nations Charter asserts, formerly colonized peoples have a legitimate claim to pursue their social, economic and cultural interests within the boundaries of a peoples' right to self- determination. I examine a spectrum of dominant liberal theories of justice regarding cultural membership and its relationship to politics with respect to Indigenous demands for self-determination. Specifically, my purpose is to explore which position is best able to accommodate the key aspect of this demand: that they have the power to organize themselves according to their traditional views of the land and that, importantly, they have the power to promote such self-understandings in their social, legal, and political institutions. I demonstrate the manner in which many such liberal theories continue to perpetuate (at times, unwittingly) a neo-colonial agenda in which Indigenous claims would be recognized by a liberal state the degree that Indigenous tribes assimilate to European cultural self-understandings. (shrink)

Kant divides moral duties into duties of virtue and duties of justice. Duties of virtue are imperfect duties, the fulfillment of which is left to agent discretion and so cannot be externally demanded of one. Duties of justice, while perfect, seem to be restricted to negative duties (of nondeception and noncoercion). It may seem then that Kant's moral philosophy cannot meet the demands of global justice. I argue, however, that Kantian justice when applied to the social and historical realities of (...) the world can generate positive duties to promote and provide for the well being of others. (shrink)