The Concept of Human Rights

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)

This chapter interrogates the human in human rights. It first takes issue with the common assumption that to be human just is to be a member of the species homo sapiens, and that this suffices for possession of human rights. Such an assumption is problematic because it presupposes a unique ‘essence’ possessed by all and only human beings, which in turn functions to exclude certain individuals from the realm of the human, and presents a culturally-specific vision of humanity as if (...) it were universal. As an alternative, this chapter develops a conception of the human as a social construct. Analogous to the sex/gender distinction common to feminist theory, it posits a homo sapiens/human distinction, whereby the human refers to the network of social norms, political status, privileges and burdens that are conferred on people because they are (taken to be) members of the species homo sapiens. (shrink)

El discurso sobre los nuevos derechos humanos se ha asentado como un elemento característico de la práctica política y jurídica contemporánea. Son muy diversos los colectivos que presentan sus reivindicaciones políticas con el lenguaje de los derechos humanos con la finalidad de incrementar el apoyo a dichas reivindicaciones y de dotar a dichas reivindicaciones de la protección privilegiada de los derechos humanos. Pese a ello, las constantes referencias a nuevos derechos no han venido acompañadas de una reflexión teórica adecuada. ¿Cómo (...) se relacionan los nuevos derechos con los derechos clásicos?, ¿ponen en entredicho los nuevos derechos el paradigma de derechos humanos dominante en la actualidad?, ¿cómo afectaría su reconocimiento a la configuración de los sistemas jurídicos contemporáneos?, ¿qué reivindicaciones de nuevos derechos están verdaderamente justificadas? Los nuevos derechos humanos: teoría jurídica y praxis política reúne a una serie de trabajos que tratan de dar respuesta a estos interrogantes, tanto a partir de la discusión general de la teoría de los derechos humanos como a partir de la discusión de derechos específicos, como los neuroderechos, los derechos digitales, derechos relacionados con el inicio o final de la vida, los derechos de la naturaleza, el derecho al deporte o los derechos de asistencia sexual. (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)

A widespread Western conception about the sanctity of the human body and its parts prevents from any morally acceptable disposition of these objects. However, this entails nothing but a dualistic conception of the human being as a composite of detachable parts — namely, body and mind. Understood as the antechamber of legal rights, moral rights perform an important — yet frequently overlooked — justifying function that permeates the political discourse. Although the connection among moral, political and legal discourses should be (...) properly acknowledged, certain boundaries are to mediate among each scope for the sake of certainty and accuracy. Intermediate realities, as the so-called human rights, serve to connect the moral and legal domains, still they also blur the lines along which the discourse is deployed. Moral entities are essentially inalienable, to the extent that they demarcate the moral status of the subject. By contrast, legal rights are essentially negotiable and, thus, alienable. The controversial instance of bodily rights will serve to test the assertions above. (shrink)

This book provides answers to the questions that biomedical and biotechnological research has posed to our societies by proposing the introduction of biorights. It shows how bioscience affects our individual and social lives by discussing and answering important questions such as; Are we becoming more vulnerable and unable to protect ourselves? How can we ensure fairness and justice with regards to the access to health care? Are human dignity, autonomy and equality at risk? Do we need new and special rights: (...) neurorights, genetic rights? What is the meaning and scope of the right to life, health, privacy or non-discrimination? Biorights are the suggested solution for dealing with these challenges. Healthcare professionals, bio-researchers, policy makers, scholars, and citizens will, in this book, find a guide to knowing how bioscience affects our lives. Furthermore, this book provides a comprehensive method for biomedical and biotechnological decision-making that comprises human or basic rights dimensions alongside technical and ethical dimensions. (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)

One of the issues that caught my attention in the discussion on Religion and Human Rights, which is also an issue that has recently started to be hotly discussed in Indonesia, is the issue of LGBTQ+ minority rights (gay rights). This issue becomes interesting, the issue of gay rights, especially when this issue deals with the Freedom of Religion or Belief (FoRB). As we saw in the discussion of human rights at International, tensions between gay rights and FoRB in several (...) countries have their own characteristics. For example, in Indonesia, recently, the movement for defenders of the FoRB has begun to bloom, and, I observe, there is a tendency to include minority groups such as indigenous people, including LGBTQ+ people (gay rights), into their circle of struggle. The question is, how do religious freedom rights (FoRB) deal with gay rights? Or conversely, how do gay rights deal with religious freedom? In that context, this book becomes relevant to discuss. This book provides each author’s many different moral arguments and philosophical commitments. (shrink)

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the (...) Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (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)

Recognition of Religion or Belief presents a global overview of the systems, laws and mechanisms states have established to recognise religions and beliefs and to legally register their affiliated organisations. Recognition of Religion or Belief is the first book of its kind to dedicate its contents to the recognition and registration issues, especially how they intersect with religious freedom conditions around the world. The book provides an analysis of the most up-to-date data on the recognition systems and registration procedures of (...) every country and territory on the planet using terminology derived from Cometan's doctoral research forming his upcoming thesis titled Religious Freedom & State Recognition of Belief to which Recognition of Religion or Belief acts as both a compliment and precursor. (shrink)

Scholars have struggled with identifying the exact reasoning that leads to the list of human rights in Rawls's Law of Peoples. This essay argues that the list can best be explained by a reasoning based on the value of self-determination of peoples. At the same time, it argues that this reasoning still has serious difficulties. In particular, it is necessary to clarify whether human rights may always be enforced by coercive means against states that violate them. However, once this has (...) been clarified, the balance of reasons on which Rawls’s argument rests no longer indisputably supports his conclusion. (shrink)

Following Elizabeth Anscombe, rights exist within practices. A right consists in a bundle of possible and impossible moves within the relevant social 'game', e.g. the practice of private property. What becomes of basic rights on such a social-constructivist conception? Metaphysically, basic rights do not differ from other rights. The right not to be murdered, however, enjoys a transcendental status within Anscombe's moral philosophy, and this construction might extend to other basic rights: Since practical reasoning is directed at the good life, (...) there can be no sound practical inference concluding in murder. Anscombe's argument for this presupposes a particular conception of human dignity, which is quite similar to the dominant conception in contemporary human rights literature. (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)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark decisions (...) where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

The poem gives a voice to many refugees who died crossing borders and many more asylum seekers who will lose their lives crossing international borders.

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)

The utterance of morals or morality within a communist space is one that may, in the best of cases, raise a few eyebrows or, in the worst of cases, summon calls for condemnation or accusations of being unscientific. The subject of communist morality is one that is often ignored within the broader revolutionary left, while at the same time—especially within our current insurrectionary moment—beckons to be engaged with. As the hydra of neoliberalism begins its inevitable collapse, throwing capitalism once more (...) into a global crisis—and thusly its imperialist head begins to twist fascistically from the periphery back inward toward the United States and Europe—these categories that before seemed abstract and idealistic suddenly become vivid and tangible. Evil is how these injustices are described—in a non-hyperbolic fashion—by those engaged in the frontlines of revolutionary activity. So why is morality eschewed and denounced in left academic discourse? Are morals solely the provenance of the reactionary right or the dreamy idealist? (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 3 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. The earth loses at least 1% of its topsoil every year, so as it nears 2100, most of its food growing capacity (...) will be gone. 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. China will continue to overwhelm America and the world, as long as it maintains the dictatorship which limits selfishness. 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. The idea of human rights is an evil fantasy promoted by leftists to draw attention away from the merciless destruction of the earth by unrestrained 3rd world motherhood. 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. The most basic facts, almost never mentioned, are that there are not enough resources in America or the world to lift a significant percentage of the poor out of poverty and keep them there. The attempt to do this is bankrupting America and destroying the world. The earth’s capacity to produce food decreases daily, as does our genetic quality. And now, as always, by far the greatest enemy of the poor is other poor and not the rich. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. (shrink)

Gintisはシニアエコノミストで、私は興味を持って彼の以前の本のいくつかを読んだので、私は行動にいくつかのより多くの洞察を期待していました。悲しいことに、彼はグループ選択と現象学の死んだ手を行動理論 の中心にし、これは主に仕事を無効にします。さらに悪いことに、彼はここでそのような悪い判断を示しているので、それは彼のすべての前の仕事に疑問を呼びかけます。ハーバード大学で彼の友人によるグループ選択を復 活させようとする試みは、 ノワクとウィルソンは、数年前に生物学の主要なスキャンダルの一つであり、私は私の記事「利他主義、イエスと世界の終わり--テンプルトン財団がハーバード大学教授職を買収し、進化、合理性と文明を攻撃した方法- E.O.ウィルソンのレビュー」(2012年)とノワクとスーパーフィールド(2012)で悲しい話を述べました。ノワクとは異なり、ギンティスは宗教的狂信によって動機づけられているようには見えないが、基本的 な人間の生物学と行動科学者、他の学者、および一般市民の空白のスレート主義の(ほぼ普遍的な)理解の欠如によって容易になった人間性の厳しい現実に代わるものを生み出したいという強い願望によって。 ギンティスは、行動を記述するための一貫した枠組みを持っていないために、エコノミスト、社会学者、その他の行動科学者を正しく攻撃します。もちろん、行動を理解するために必要なフレームワークは進化的なものです 。残念ながら、彼は自分自身を提供することができず(彼の多くの批評家と私は同意します)、彼が何十年もの仕事で生み出した経済的、心理的理論にグループ選択の腐った死体を移植しようとする試みは、単に彼のプロジ ェクト全体を無効にします。 Gintisはウィルソンやノワクのような遺伝学を理解し、説明するために勇敢な努力をしていますが、彼は専門家から遠く離れており、彼らのように、数学は生物学的不可能に彼を盲目にし、もちろんこれは科学の標準 です。ヴィトゲンシュタインが文化と価値の最初のページで有名に指摘したように、「形而上学的表現の誤用が数学ほど多くの罪を引き起こし続けている宗教的宗派はありません。 自らの頻度を低下させる行動を引き起こす遺伝子は持続できないことは常に明らかでしたが、これはグループ選択の概念の中核です。さらに、グループの選択は、ドーキンスが指摘したように、自然選択による進化のもう一 つの名前である包括的なフィットネス(親族選択)に減少することがよく知られており、しばしば実証されています。ウィルソンのように、Gintisは約50年間この分野で働いてきましたが、スキャンダルが起こった 後、私の記事に詳述されているように、最も関連性の高い専門的な仕事を見つけ、読み、理解するのに3日しかかかりませんでした。ギンティスとウィルソンが半世紀近くでこれを達成できなかったことに気づくのは気が遠 くなる。 アメリカと世界を破壊している人間性を理解する普遍的な失敗の特別なケースとして、アカデミアで当たり前であるグループ選択と表現論の誤りについて議論します。 現代の2つのシス・エムスの見解から人間の行動のための包括的な最新の枠組みを望む人は、私の著書「ルートヴィヒ・ヴィトゲンシュタインとジョン・サールの第2回(2019)における哲学、心理学、ミンと言語の論 理的構造」を参照することができます。私の著作の多くにご興味がある人は、「話す猿--運命の惑星における哲学、心理学、科学、宗教、政治--記事とレビュー2006-2019第3回(2019)と自殺ユートピア 妄想21世紀4日(2019))を参照してください。 .

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)

Does a political conception of human rights dictate a particular view of corporate human rights obligations? The U.N. “Protect, Respect, and Remedy” Framework and Guiding Principles on Business and Human Rights hold that corporations have only a responsibility to respect human rights. Some critics have argued that corporations should be responsible for a wider range of human rights obligations, beyond merely an obligation to respect such rights. Furthermore, it has been argued that the Framework relied on a political conception of (...) human rights, and this is what led to limiting corporate obligations to mere respect for human rights. In this paper, I explore and critically assess this general claim about political conceptions of human rights. This involves distinguishing different types of political conceptions of human rights, as well as specifying what makes a theory of human rights a “political conception.” In light of this clarificatory discussion, I argue that the general thesis is false; the mere fact that a theory offers a political conception of human rights does not necessarily entail any certain range of corporate human rights obligations. Finally, I identify some of the other aspects of a theory of human rights that do affect the range of corporate obligations it will prescribe. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

When we abandon the neoliberal fiction that one is independent on the grounds that it is a-historic and antisocial, we realize that everyone is dependent and interdependent. In a media-driven society the self-identity of the individual is formed within the framework of the culture-ideology of consumerism from early childhood. As a result, both the environmental and social destruction have intensified. In the global era, or in the era of the global environmental crisis, self-identity as a precondition for environmentally sustainable care (...) of the self should be based on the culture-ideology of human rights and responsibilities, and on conscious self-limitation which realizes that one’s prosperity and security cannot come at the expense of others. Care of the self is about ensuring the habitability of the global environment as the primary interest of each individual. (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)

Contemporary politics is often said to lack utopias. For prevailing understandings of the practical force of political theory, this looks like cause for celebration. As blueprints to apply to political practice, utopias invariably seem too strong or too weak. Through an immanent critique of political realism, I argue that utopian thought, and political theory generally, is better conceived as supplying an orientation to politics. Realists including Bernard Williams and Raymond Geuss explain how utopian programs like universal human rights poorly orient (...) their adherents to politics, but the realists wrongly conclude that utopias and other ideal theories necessarily disorient us. As I show through an analysis of utopian claims made by Michel Foucault, Malcolm X, and John Rawls, utopias today can effectively disrupt entrenched forms of legitimation, foster new forms of political identity, and reveal new possibilities within existing institutions. Utopias are needed to understand the political choices we face today. (shrink)

The article explores the regulatory aspect of the right to freedom of expression. It focuses on human rights case law to see how the guarantee of this right considers subjects, who are required to be free in specific ways in order to exercise their freedoms aptly.

How about a different take on the rich and famous? First the obvious—the Harry Potter novels are primitive superstition that encourages children to believe in fantasy rather than take responsibility for the world-- the norm of course. JKR is just as clueless about herself and the world as all the other monkeys, but about 200 times as destructive as the average American and about 800 times more than the average Chinese. She has been responsible for the destruction of maybe 30,000 (...) hectares of forest to produce these trash novels and all the erosion ensuing (not trivial as its ca. 12 tons/year soil into the ocean for everyone on earth or maybe 100 tons per American, and so about 5000 tons/year for Rowling’s books and movies and her destructive brood of 3 children). Then there is the huge amount of fuel burned and waste made to make and distribute the books and films, plastic dolls etc. She shows her lack of social responsibility by producing children rather than using her millions to encourage family planning or buy up the rain forest, and by promoting the conventional liberal stupidity of 3rd world supremacy that is destroying Britain, America, the world and her descendant’s future. Of course, she's not that different from the other 7.7 billion clueless-just noisier and more destructive. -/- It is the no free lunch problem writ large. The mob just can’t see that there is no such thing as helping one person without harming others. Rights or privileges given to new entrants into an overcrowded world can only diminish those of others. In spite of the massive ecological disasters happening in front of them everywhere everyday, they can’t pin them to the unrestrained motherhood of “the diverse”, which accounts for most of the population increase of the last century and all of that in this one. They lack some combination of intelligence, education, experience and sanity required to extrapolate the daily assaults on the resources and functioning of society to the eventual collapse of industrial civilization. Each meal, each trip by car or bus, each pair of shoes is another nail in the earth’s coffin. -/- Not only the rich and famous, but nearly any public figure at all, including virtually all teachers, are pressured to be politically correct, which in the Western Democracies, now means social democratic (diluted communist) third world supremacists working for the destruction of their own societies and their own descendants. So, those whose lack of free speech (and basic common sense), which should prohibit them from making any public statements at all, totally dominate all the media, creating the impression that the intelligent and civilized must favor democracy, diversity and equality, while the truth is that these are the problems and not the solutions, and that they themselves are the prime enemies of civilization. -/- Those who want a broader framework may see my essay ‘Suicide by Democracy’ or my book ‘Suicidal Utopian Delusions in the 21st Century- Philosophy, Human Nature and the Collapse of Civilization-Articles and Reviews 2006-2017’. -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...) better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...) general understanding of dutiful action that permits human rights to see to the tasks of an institutional morality. (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)

देशराज सिरसवाल, ईश्वर सिंह : समाज में मूल्यों एवम मानवाधिकार शिक्षा की उपयोगिता ,Lokāyata: Journal of Positive Philosophy , Vol. IV, No. 02 September,2014, 41-48 -/- .

Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works offer (...) fascinating insights, and a few emphasize the need for more detailed analysis. -/- This chapter seeks to highlight a few aspects of the relationship between law and spirituality. First, it highlights the importance being given to spirituality or spiritual values across disciplines, including law. Second, it aims to map the influence of spirituality in the working of laws and legal systems. This exercise will be undertaken in light of the expressions such as spiritual needs, spiritual rights, the spiritualization of law, etc. Third, the chapter raises a few questions of conceptual and practical importance. (shrink)

Alasdair MacIntyre has argued that our contemporary discourse about “rights,” and “natural rights” or “human rights,” is alien to the thought of Aristotleand Aquinas. His worry, it seems, is that our contemporary language of rights is often taken to imply that individuals may possess certain entitlement-conferringproperties or powers (typically called “rights”) entirely in isolation from other individuals, and outside the context of any community or common good. In thispaper, I accept MacIntyre’s worries about our contemporary language of “rights”; however, I (...) seek to show that some of our contemporary language or discourseabout “justice” and “rights” is not altogether misguided, but does—in fact—reflect a properly critical (Aristotelian-Thomistic) understanding of what is meant by“justice” and “rights.”. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...) occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

Although community cohesion and human rights are currently two of the most discussed political discourses in the UK, their links for policy are underplayed. This article presents the findings of a nine-month research project that included interviews with a selected expert sample, and which aimed to explore whether human rights values and legislation can be used as tools for community cohesion. Available levers within human rights and the 1998 Human Rights Act are identified, and evidence-based policy recommendations are posited. The (...) article aims to start a new and more inclusive dialogue on community cohesion policy. (shrink)

This paper argues that there is a close connection between basic human rights and communal bonds. It reviews the views expressed by Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection, and concludes that the deficiencies in their accounts reinforce the case for communal bonds.

This paper provides a reconsideration of Hobbes’s conception of basic rights, specifically its denial of the doctrine that someone’s having a basic right always correlates with another or others having duties or obligations with respect to that right. Various arguments denying this doctrine are considered, including that basic rights are effectively moral exemptions from obligations or are subordinate components of a system of Hohfeldian liberty-rights to which no person-specific duty or obligation correlates. But these maneuvers side-step the full force of (...) Hobbes’s understanding of basic rights as independent of any interpersonal relationship or system of rules, even those to which individuals may have agreed. The mere fact of others having basic rights is irrelevant to the having of one’s own. Part III argues that because Hobbes identifies morality with prudence, he cannot ascribe basic rights to all persons without adopting a version of ethical egoism—impersonal egoism—that cannot accommodate a set of basic rights that are consistently ascribable to all. The paper concludes with an argument showing that Hobbes’s analysis of basic rights fails because it disregards the moral context presupposed by both coherent rights-claims and the nature and degree of correlativity that a system of basic rights presupposes. (shrink)

Leslie Allan demonstrates how human rights are unproblematic for utilitarian moral theory and how, upon consideration, utilitarianism turns out to be the best theory for justifying human rights. Using case studies of historical and contemporary human rights conventions and recent psychological research, he argues how our concept of human rights is founded on the satisfaction of fundamental human needs and the consequences for human happiness.