This article investigates whether or not theories of justice from political philosophy, first, support the position that health research should contribute to justice in global health, and second, provide guidance about what is owed by international clinical research (ICR) actors to parties in low- and middle-income countries. Four theories—John Rawls's theory of justice, the rights-based cosmopolitan theories of Thomas Pogge and Henry Shue, and Jennifer Ruger's health capability paradigm—are evaluated. The article shows that three of the four theories require the (...) conduct of health research for justice in global health. The theories help identify the ends of justice to which ICR is to contribute, but they cannot tell us how to organize ICR to promote these ends. Aside from Ruger's health capability paradigm, the theories also lack an allocative principle for assigning specific duties to specific actors. This creates difficulties for establishing obligations for certain types of ICR actors. (shrink)

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him to shift illicitly between negative and (...) positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)

Education lies at the heart of the Universal Declaration of Human Rights (UDHR): ‘Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms’. However, when education is mentioned in the philosophical literature on human rights, or even within the literature on educational policy, it is usually within the context of its being treated as a specific right—as education as a human right rather than human rights education. (...) Taking rights and obligations to be intimately tied within a full human rights educational regime, I argue for the role of education in establishing and realizing freedom from poverty as a human right. The arguments for why this freedom should be considered a human right are compelling. I offer five educational moments in the human rights movement in general, and the arguments for freedom from poverty as a human right, more specifically, in my discussion of human rights education. (shrink)

According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that we must make occasional donations to (...) charities working to advance human rights realization? In this essay, I argue that this duty can only be constructed as imperfect. This means that it confers agent-relative discretion on us to decide when, how, and to what extent to advance the human rights of others. It also means that it is neither correlative with rights nor enforceable. As I will explain, the main reason for this is that any attempt to construct it as a perfect duty would infringe the dignity of the potential duty bearers and thereby undermine the very values that human rights practice aspires to serve. Finally, I will conclude by providing some guidelines for those who wish to comply with their imperfect duties to improve the situation of those whose human rights are in peril. (shrink)

The role of Amartya Sen's early work on famine notwithstanding, food security is generally seen as but one capability among many for scholars writing in development ethics. The early literature on the ethics of hunger is summarized to show how Sen's Poverty and Famines was written in response to debates of past decades, and a brief discussion of food security as a capability follows. However, Sen's characterization of smallholder food security also supports the development of agency in both a political (...) and an economic sense. Economic agency is discussed and tied to longstanding literatures on the moral significance of farming within political economy. Finally, while the newly emergent literature on food sovereignty includes many themes, it is shown to be re-articulating arguments that stress smallholder's economic agency as a development goal. This pattern of argument thus provides a way to reconcile at least some of the claims being advanced under the banner of food sovereignty with the human development.. (shrink)

The principle of assistance says that the global rich should help the global poor because they are able to do so, and at little cost. The principle of contribution says that the rich should help the poor because the rich are partly to blame for the plight of the poor. This paper explores the relationship between the two principles and offers support for one version of the principle of assistance. The principle of assistance is most plausible, the paper argues, when (...) formulated so as to identify obligations that arise from the needs of particular identifiable members of the global poor, not from impersonal rules or values. Under that formulation, the principle can explain why knowledge of the circumstances faced by individual members of the global poor can have such a marked effect upon the willingness of the global rich to provide help, and can offer a better grounded motivational basis for helping the global poor. These are real advantages, the paper argues, and ones that cannot be matched by stories that focus upon the ways in which the global rich contribute to global poverty. (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with several proposals (...) as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

Attributions of what we shall call normative responsibilities play a central role in everyday moral thinking. It is commonly thought, for example, that parents are responsible for the wellbeing of their children, and that this has important normative consequences. Depending on context, it might mean that parents are morally required to bring their children to the doctor, feed them well, attend to their emotional needs, or to see to it that someone else does. Similarly, it is sometimes argued that countries (...) that emit most greenhouse gases are responsible for preventing catastrophic climate change. This responsibility might imply that these countries are morally required to take necessary steps individually and jointly to come to an agreement on and implement a workable plan, and to avoid steps that worsen the situation. More trivially, the grading of your student’s essays might be your responsibility, as might making sure there is wine at tomorrow’s picnic, and you might thus be required to see to it that essays are competently graded and suitable wine brought to the picnic. -/- Though attributions of normative responsibilities are legion, such responsibilities have received surprisingly little philosophical attention compared to its normative relatives, obligations and reasons, and compared to retrospective responsibility. This chapter hopes to improve on this situation by taking on two main tasks. The first, attempted in section 1, is to spell out the general structure of normative responsibility, in particular the relation between normative responsibilities and corresponding obligations and demands. We suggest that normative responsibilities are constituted by normative requirements that the responsible agents care appropriately about how well things go in certain regards, and that obligations generally can be seen as straightforward upshots of requirements to care. -/- The second task, taken on in section 2, is to provide an overview of prominent sources of normative responsibility and its distribution among agents. Why would the children’s wellbeing be the parents’ responsibility? Why not the neighbor’s, or the state’s, or everyone’s? Here we discuss a range of possible sources, including agents’ abilities, costs involved in taking on the responsibility in question, retrospective responsibility for the situation, promises or contracts, and certain social relationships. (shrink)

Recent publications by Pogge ( Global ethics: seminal essays. St. Paul: Paragon House 2008 ) and by Singer ( The life you can save: acting now to end world poverty. New York: Random House 2009 ) have resuscitated a debate over the justifiability of famine relief between Singer and ecologist Garrett Hardin in the 1970s. Yet that debate concluded with a general recognition that (a) general considerations of development ethics presented more compelling ethical problems than famine relief; and (b) some (...) form of development would be essential to avoiding the problems of growth noted by Hardin. Better than renewing the debate, we should recognize two points. First, food needs do indeed evoke a moral response that is more direct and compelling than the philosophical positions often generated to rationalize a duty to bring aid. As such the argument for feeding hungry people cannot be generalized into a paradigm for development ethics without distortions that undercut the morally valid elements in Singer’s original argument. Second, contrary to prevailing assumptions in present day development ethics, food aid and famine relief continue to be important priorities for international agencies, notably the World Food Program. Emergency food assistance, the nominal topic of Singer’s original article, thus is an important issue for agricultural as well as development ethics, though one that should indeed be seen as distinct from more complex duties to address the conditions of chronic poverty and underdevelopment. (shrink)

According to Thomas Pogge, rich people do not simply violate a positive duty of assistance to help the global poor; rather, they violate a negative duty not to harm them. They do so by imposing an unjust global economic structure on poor people. Assuming that these claims are correct, it follows that, ceteris paribus, wars waged by the poor against the rich to resist this imposition are morally equivalent to wars waged in self-defense against military aggression. Hence, if self-defense against (...) military aggression is just, then, ceteris paribus, so are defensive wars against the imposition of economic injustice. While I do not think Pogge’s analysis of the causes of global poverty is correct, I defend these inferences against various challenges. (shrink)

En este artículo discuto dos tesis que Thomas Pogge deriva de su concepción institucional de los derechos humanos: la tesis de la culpa y la tesis de la violación global. La tesis de la culpa asevera que los ciudadanos que contribuyen a sostener un régimen institucional que viola derechos humanos sin realizar compensaciones en beneficio de las víctimas, se convierten ellos mismos en violadores de derechos humanos. Por su parte, la tesis de la violación global asevera que al imponer regulaciones (...) injustas que tienden a generar pobreza extrema, el régimen internacional actual viola los derechos humanos de los pobres del mundo. Mi intención será probar que ambas tesis son insostenibles ya que se basan en presupuestos errados en materia de responsabilidad. Esto no nos conducirá, sin embargo, a abandonar la concepción institucional de los derechos humanos. Por el contrario, una vez depurada de sus problemas, se trata de una concepción que puede ayudarnos a pensar adecuadamente sobre la responsabilidad por los derechos humanos en un mundo globalizado. In this paper, I discuss two theses that Thomas Pogge derives from his ins-titutional conception of human rights: the thesis of guilt and the thesis of global violation. The thesis of guilt states that citizens who contribute to support an institutional regime that violates human rights without awarding the victims any compensation become themselves human rights violators. The thesis of global violation, on the other hand, states that, by imposing unfair regulations that tend to generate extreme poverty, the current international regime violates the human rights of the world's poor. My intention is to prove that both theses are untenable because both of them are based on wrong assumptions concerning responsibility. This will not lead us, however, to leave the institutional conception of human rights. On the contrary, once debugged of its problems, it can be considered a conception that can help us to think properly about responsibility for human rights in a globalized world. (shrink)