The increasing availability of digital data reflecting economic and human development, and in particular the availability of data emitted as a by-product of people’s use of technological devices and services, has both political and practical implications for the way people are seen and treated by the state and by the private sector. Yet the data revolution is so far primarily a technical one: the power of data to sort, categorise and intervene has not yet been explicitly connected to a social (...) justice agenda by the agencies and authorities involved. Meanwhile, although data-driven discrimination is advancing at a similar pace to data processing technologies, awareness and mechanisms for combating it are not. This paper posits that just as an idea of justice is needed in order to establish the rule of law, an idea of data justice – fairness in the way people are made visible, represented and treated as a result of their production of digital data – is necessary to determine ethical paths through a datafying world. Bringing together the emerging scholarly perspectives on this topic, I propose three pillars as the basis of a notion of international data justice: visibility, engagement with technology and antidiscrimination. These pillars integrate positive with negative rights and freedoms, and by doing so challenge both the basis of current data protection regulations and the growing assumption that being visible through the data we emit is part of the contemporary social contract. (shrink)

This paper discusses the establishment of a governance framework to secure the development and deployment of “good AI”, and describes the quest for a morally objective compass to steer it. Asserting that human rights can provide such compass, this paper first examines what a human rights-based approach to AI governance entails, and sets out the promise it propagates. Subsequently, it examines the pitfalls associated with human rights, particularly focusing on the criticism that these rights may be too Western, too individualistic, (...) too narrow in scope and too abstract to form the basis of sound AI governance. After rebutting these reproaches, a plea is made to move beyond the calls for a human rights-based approach, and start taking the necessary steps to attain its realisation. It is argued that, without elucidating the applicability and enforceability of human rights in the context of AI; adopting legal rules that concretise those rights where appropriate; enhancing existing enforcement mechanisms and securing an underlying societal infrastructure that enables human rights in the first place, any human rights-based governance framework for AI risks falling short of its purpose. (shrink)

In our target article (Sabatello et al. 2021), we proposed the use of community engagement and the establishment of a Truth and Reconciliation Commission (TRC) as pathways for promoting social just...

El jesuita Francisco Suárez como eminente teólogo, filósofo y jurista de su época juega un papel relevante como precedente en la construcción de las categorías del pensamiento moderno. Una de estas categorías, no contemporánea del doctor eximio, es la de los derechos humanos. Son muchos los autores que anticipan alguno de sus elementos fundamentales ya en el pensamiento en torno al Derecho que desarrolla Francisco Suárez en sus principales tratados de filosofía jurídica y política como el De Legibus y la (...) Defensio fidei. En este trabajo trataremos de conectar la virtualidad del planteamiento suarista en el ámbito de los derechos humanos, explorando en su obra estos antecedentes y la dirección en la que los mismos se dirigen, así como las posibilidades de dialogo que abre en torno a la construcción de la concepción de los derechos humanos en el contexto actual. (shrink)

International human rights law that protects freedom of the press provides a cross-culturally reliable foundation from which to launch a consideration of universal principles in journalism ethics. After examining certain assumptions made by the international law about individuals and about the kind of journalism the law intends to protect, in this article I propose that truthtelling, independence, and freedom with responsibility are universal ethical principles international law envisions for journalists. These principles would undoubtedly be applied differentially in different cultures, but (...) I conclude that the culturally specific ways journalists analyze ethical dilemmas can arise from a common concern for the 3 principles. (shrink)

Chantal Mouffe, in her contribution “Which world order: Cosmopolitan or multipolar?”, argues that the universality of democracy and human rights, as we understand them, is all too often taken for granted. Western politicians and political thinkers alike see it as an all-or-nothing matter: democracy and human rights are to be literally adopted, in the very same way as they are known in Western Europe or North America. All deviations from this model are by definition morally suspect. They thereby overlook the (...) fact that other societies might have developed institutions that are dissimilar to the ones we know, but that are similar in the degree to which they respect human dignity and create social justice. In other words, they fail to imagine that the “good regime” might come in different forms and versions. (shrink)

This paper aims at understanding Sustainable Development Goals as normative ends to be achieved by normative means in the context of global ethics. It distinguishes the descriptive and the normative senses of sustainability and development and puts forward a case for exploring the role of human moral obligations as the normative means to attain the goals of sustainable development. It argues that it is only when basic human moral obligations and role-related obligations are fulfilled that human well-being and that of (...) the non-human elements of the eco-system can be achieved. Furthermore, it also explains how such a concept can be inclusive, diverse and integrative. (shrink)

This article demonstrates how critical realism can resolve persistent theoretical debates in the human rights literature. Critical realism is a philosophy of science that proposes a complex ontological framework to study causal relations. Methodological and theoretical decisions in research are always premised on some ontological presumption whether they are explicitly stated or not. However, much of the social sciences follow the discipline’s empiricist orthodoxy which often dismisses ontological inquiry. As a consequence, theoretical and methodological debates persist without scholars recognizing how (...) they reflect deeper ontological differences. I argue that this is the case with human rights research and demonstrate how critical realism can resolve tensions between universalism and relativism. Critical realism proposes that social relations resolve across multiple ontological levels. This ontological framework can illustrate how universal structures on one level can generate diverse human rights standards on another level relative to the cultural conditions that bring them about. (shrink)

É inegável o dilema acerca da compreensão dos direitos humanos numa perspectiva universal, diante dos desafios das diversidades culturais. Embora seja prudente que existam valores que devam ser considerados universais, não podemos fechar os olhos paras as diferenças. Tal é a reconstrução necessária acerca do atual paradigma de direitos humanos. Produz-se, pois, uma nova cultura de amplitude dos direitos e das compreensões voltadas para a afirmação das diferenças. Esse processo de gestação pode ser traduzido numa política de resistência cultural, associada (...) à ideia de isonomia, que requer tratamento igual, no sentido do respeito aos direitos de todos. A filosofia, em seu horizonte intercultural e ético, enfrenta esse desafio de reunir experiências culturais diferentes para conduzir um que fazer de acordo com as circunstâncias históricas dos sujeitos da práxis. No primeiro passo, serão apresentados o cenário e os desafios da nossa época – marcada por grandes perplexidades e contradições. Num segundo momento, queremos fazer uma rápida abordagem sobre a origem histórica e filosófica dos direitos humanos. E, num terceiro passo, consideramos como tarefa fundamental uma breve apresentação da concepção de interculturalidade, ou dito mais especificamente, da filosofia e da ética intercultural, como referencial crítico dos direitos humanos fundamentais. . (shrink)

Taking the use of the logos in Ratzinger's Regensburg Lecture as its starting point, the thesis expands three horizons in Ratzinger studies. Firstly, it extends the understanding of Ratzinger as the author of a logos theology. Secondly, it shows how the Regensburg theme of the full breadth of reason, represented by the logos, is applied by Ratzinger in a critique of secular modernity. Thirdly, it claims that the logos theology of Joseph Ratzinger can provide a repair of the culture of (...) human rights. The thesis argues that if human rights are set exclusively within the framework of secular modernity, they fall sick and fail to meet the criterion of inclusivity and universality. Set within the framework of a Ratzingerian logos theology, their power is strengthened and their promise of inclusivity and universality restored. The thesis calls for a mutually reparative dialogue about human rights, based on the full breadth of reason, between the three constituencies of Christianity, the religions and secular modernity. The thesis concludes that the Regensburg Lecture, far from damaging the dialogue with Islam, and with secular modernity, opens up a new intercultural bridge based on a mutually enriching engagement with a logos-based culture of human rights. (shrink)

We will focus our analysis on of the concept of ‘Human Rights’ from the perspective of liberation’s intercultural ethics. We will present a Latin American human rights program from the particular point of view of historical victim’s life oppression. In order to achieve this objective, we will summarize some of the most important elements of Enrique Dussel’s liberation ethics and Raúl Fornet- Betancourt’s intercultural ethics. In a first step, we will present the historical memory of victims -memoria passionis- and repressed (...) memory of liberation projects -memoria liberationis- as fundament of intercultural ethics. In a second step, we will present the principle of oppression -principium oppressionis- and principle of exclusion -principium exclusionis- as fundament of liberation ethics. (shrink)

Recent developments in the Arab world reopen one of the most fertile debate topics in international relations theory: the universal nature of the concept “fundamental human rights” and their content. The perspectives are different, being influenced by an ideological background, especially theological, apparently contradictory, affecting the positions of major international actors, stimulating the revival of controversies on major differences between Western world and the developing societies. Through a balanced analysis, specific to critical postmodernism, of the way each civilization (according to (...) Samuel Huntington) relates to the human being and to its place within its own legal architecture, one can notice that, beyond any differences, joint elements can be identified for further integration into a common fundamental text conferring the consensual universality indispensable to such an important principle. (shrink)