This discussion note does three things: it explains the notion of ‘legal protection by design’ in relation to data-driven infrastructures that form the backbone of our new ‘onlife world’, it explains how the notion of ‘by design’ relates to the relational nature of what an environment affords its inhabitants, referring to the work of James Gibson, and it explains how this affects our understanding of human capabilities in relation to the affordances of changing environments. Finally, this brief note argues that (...) ‘safer by design’ in the case of nanotechnology will require legal protection by design to make sure that human capabilities are reinvented and sustained in nano-technical environments. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

BackgroundThe expectation of pandemic-induced severe resource shortages has prompted authorities to draft and update frameworks to guide clinical decision-making and patient triage. While these documents differ in scope, they share a utilitarian focus on the maximization of benefit. This utilitarian view necessarily marginalizes certain groups, in particular individuals with increased medical needs.Main bodyHere, we posit that engagement with the disability critique demands that we broaden our understandings of justice and fairness in clinical decision-making and patient triage. We propose the capabilities (...) theory, which recognizes that justice requires a range of positive capabilities/freedoms conducive to the achievement of meaningful life goals, as a means to do so. Informed by a disability rights critique of the clinical response to the pandemic, we offer direction for the construction of future clinical triage protocols which will avoid ableist biases by incorporating a broader apprehension of what it means to be human.ConclusionThe clinical pandemic response, codified across triage protocols, should embrace a form of justice which incorporates a vision of pluralistic human capabilities and a valuing of positive freedoms. (shrink)

Purpose: The objective of this study is to determine the importance of supplementary medical ethics course for resident physicians. In this study, we assessed the current state of their knowledge of medical ethics and aimed to improve and deepen their understanding of clinical scenarios to increase their awareness of the link between the practice of medicine and ethical issues. Methods: The course was held for groups of 10-12 people for 3 days a week for a total of 6 hours. Tests (...) given prior to and following completion of the course were used to assess the effectiveness of a medical ethics training course in which 120 resident physicians completed. The evaluation was made on the basis of the same pre-and post-tests (14 scenarios) and direct observation of participants. Result and Discussion: The average age was 28.23 ± 4.08 and 25% were female and 75% were male. Of the participants, 68.3% were training to be internists, 24.2% were training to be surgeons, and 7.5% were training in laboratory medicine. There was a significant statistical difference between the mean total scores of both tests (p=0.00). After completing the course, residents took into account the medical ethical principles while discussing ethical decisions. Conclusion: After finishing the course, participants defended their responses in regard to issues of medical ethics more carefully and articulated their thoughts more clearly. Our experience demonstrated that the trainees benefited from a structured curriculum in medical ethics. We believe that the development and implementation of our course may serve as a case study for training resident physicians in medical ethics. (shrink)

This thesis explores the relationship between the capability approach to justice and liberal philosophy. I argue that the most compelling articulation of the capability approach—one given by Martha Nussbaum—suffers from an unattractive kind of inconsistency. On the one hand, Nussbaum is committed to formulating a robust account of a dignified human life which can give rise to a range of individual entitlements which ought to be guaranteed to all individuals. On the other hand, Nussbaum is committed to political liberalism which (...) requires state institutions to uphold strict neutrality between a variety of reasonable conceptions of the good. Nussbaum’s first commitment results in the formulation of a list of ten central human capabilities. However, I argue that the content and justification of this list cannot be successfully established in a way that is consistent with Nussbaum’s second commitment. Therefore, in this thesis, I propose a novel capability approach: a two-step approach which consists of two principles arranged in lexical priority. First, governments have a moral obligation to secure individuals with a meta-capability of autonomy. That is to say, governments must provide the conditions which are conducive to individuals exercising a range of agentic competencies which are constitutive of autonomous judgement. Second, governments have a moral obligation to provide opportunities for individuals to exercise this meta-capability in six domains of well-being: health, politics, knowledge, relationships, self-expression, and work. I argue that exercising autonomous choice in the pursuit of welfare is necessary for a good life, regardless of the specific choices individuals eventually make, and even if they choose to forgo some supposedly valuable choices altogether. My proposal has two striking features which set it apart from other articulations of the capability approach. First, my proposal is comprehensive in that it relies on a particular view about what is a valuable way of life. In my view, a way of life is valuable if it is pursued autonomously, that is to say, if it involves an individual exercising a set of agentic competencies and standing in appropriate relations with other people. And second, by virtue of being based in this particular comprehensive claim, my account of justice is anti-perfectionist. That is to say, my proposal does not aim to compel people to make valuable choices. Rather, it aims to equip people with the means to live the kind of life they find valuable and worth living. I then apply this capability approach to the domain of education, and I argue it can be useful in formulating an ambitious and transformative approach to education. In particular, I develop a program of civic education aimed at responding to the problems associated with disinformation and ‘post-truth’ trends in politics. (shrink)

The study uncovers the drama of Stei Baita (Romania), a former uranium mine, which experienced during the communism period, an intensive industrialization. This shaped the territorial pattern, cultural, economic and social relationships, with a tremendous impact on the quality of the environment which was sacrificed against a rapid of a so-called economic growth. Stei Baita is a classic example of legacy mine land and the authors aim is to capture and assess all important aspects of sustainable development within this study-case (...) of disadvantaged community living in a radon prone area. More specifically, authors introduce their responses to several questions: (1) What do we know about social, economic and environmental capital of the selected settlement?; (2) Is the legacy of a uranium mine the platform of debate for negotiating for sustainable development?; and (3) What is the role of ethics in the current context of Stei Baita? Within the framework of analysis, equity, seen as part of ethics, is valued both as the premise of the debate and mandatory requirement for human development that should target sustainability. Authors have not discussed truths, but positions on identified problems by investigating community members’ perceptions. Thus, peculiarities of this community are dealt within a thematic context (e.g., resources and environment, individual development, social system). Finally, ethics is valued as social construct built by negotiating interpretations of morally desirable situations and behaviors accepted in a particular society at a certain historical moment. This view is consistent with ethical relativism which denies the existence of a unique moral truth and which sets the understanding of Stei Baita context on the path of the “new ethics”. The “new ethics” depicts the world in nuances, allowing society to surpass obstacles to the progress of understanding. (shrink)

I question the notion of food choice and consider how much food choice someone living on low income actually has. In my fieldwork, it became clear that food choices, and hence one’s nutritional and health state, cannot be viewed in separation from the participants’ individual stories and the complexities of their lives. Daily routines, financial situation, and food accessibility have an impact on people’s food choices. In realising this, I found Amartya Sen’s capabilities approach useful, which moves beyond food entitlements. (...) More specifically, a health capabilities approach as introduced by Venkatapuram and the association made between health and capabilities by others : 3, 2003) views health as the combination of the influence of socio-economic structures, as well as personal agency resulting in choices. I present the main learnings from viewing Foodways and Futures through the ‘capabilities lens’ and thus view food choices as the combination of the complex interrelations between socio-economic structures and agency. (shrink)

A oposição às taxas universitárias e a outras barreiras de acesso é, muitas vezes, encarada como uma defesa do ensino superior como um “direito”, ao invés de um “privilégio”. No entanto, a base e a natureza desse direito não são claras. Este artigo apresenta uma exploração conceitual da questão a partir de uma análise inicial do direito internacional. Apresenta um argumento a favor do direito à educação superior, visto como uma das várias formas possíveis de educação pós-escolar, restrito apenas por (...) uma exigência de um nível mínimo de preparação acadêmica. Palavras-chave: Acesso à educação superior. Ação afirmativa. Política de educação superior. Direitos humanos. Direito à educação. (shrink)

Iris Marion Young’s social connection model of responsibility faces one difficulty when dealing with a non-ideal case where actors, especially victims, lack what I call “capability for responsibility”. Without taking this problem into consideration, Young’s model could be criticized for blaming the victim for not taking their responsibility for political Justice. In this paper, I address this question by examining a case study taken from Japan where society is deeply structured in a mode that oppresses women. The first sections point (...) out that Young’s model overlooks the importance of agents for political justice while trying not to blame anyone. In the second sections I will introduce the idea of the “capability for responsibility” to connect the analytical part and the prescriptive part of her model as a theory of justice, arguing that actors’ engagement in self-examination through collective action is necessary for the enhancement of their capability for responsibility. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

Este texto parte del enfoque de capacidad de Sen, referido a facetas de la libertad de la que disponen los individuos para alcanzar sus objetivos, y que requiere de oportunidades sustantivas que remiten a la libertad positiva. Estas libertades asociadas a las diferentes facetas de capacidad de Amartya Sen sirven para determinar los elementos que constituyen el término de capacidad política. Se distinguen dos dimensiones en la democracia: la democracia como proceso y la democracia como resultado. Las libertades políticas tienen (...) su centro en la democracia como proceso, referidas a la participación ciudadana en los asuntos públicos. La otra dimensión se refiere a la democracia como resultado de políticas públicas y sus efectos sobre la población. Ambas dimensiones de la democracia afectan a las capacidades o libertades políticas de los ciudadanos. Las capacidades políticas, como libertades de individuos y grupos, son posibles si la democracia ofrece oportunidades de satisfacción de necesidades y de participación política. De acuerdo a esta aproximación de capacidad política, una democracia que reduce las oportunidades y limita las vías de participación pública de la ciudadanía, está limitando sus libertades políticas, pero también otras libertades fundamentales de la ciudadanía. (shrink)

This paper suggests that lessons from the field of environmental ethics and sociological perspectives on knowledge are important tools for rethinking what type of ethical analysis is needed for building up further the field of development ethics and, more generally, for addressing some of the most fundamental ethical problems related to global poverty and development. The paper argues for a methodologically pragmatist approach to development ethics that focuses on the interplay between facts, values, concepts and practices. It views development ethics (...) as a hybrid between a public moral?political philosophy and a public conception of social science. Ethical analyses of poverty and development must lead to fundamental changes in the ways knowledge is produced and justified and must challenge the dominance of global institutions and orthodox economics as the single sources of expert knowledge for development. Two of the main tasks of ethical analysis is to provide tools for the formulation of alternative knowledge for development centred on the equal moral worth of all human beings, and to influence global policy making as well as multilateral institutions' goals and policies. The last section of the paper argues that Amartya Sen's version of the Capability Approach is already methodologically pragmatist and points to some convergence between Sen's work and John Dewey's. Further sociological and methodologically pragmatist analysis of the approach is needed to assess the ways in which it is influencing debates on human development and leading to policy changes, and the possible distortions it suffers when adopted by multilateral agencies and policy makers. An earlier version of this paper was presented at the international conference on Ethics and Development at Michigan State University, East Landing (USA) 8?15 April 2005. The section on methodological pragmatism draws from an unpublished paper written with Andrew Light called ?A Pragmatist Methodology for Development Ethics,? presented at the American Philosophical Association (APA) meeting in New York, December 1999. I have updated, transformed and used some parts and insights developed with Light in a way he may not recognize. (shrink)

This article claims that the protection of children’s capability for play is a central social-political goal. It provides the following three-premise argument in defense of this claim: we have strong and wide-ranging normative reasons to be concerned with clusters of social deficiency; particular fertile functionings play a key role for tackling clusters of social deficiency; and finally the capability for childhood play is a crucial, ontogenetic prerequisite for the development of those particular fertile functionings. Thus, in so far as we (...) consider it a central political goal to tackle social deficiency, we should be concerned with protection of childhood play capability. This conclusion raises new insights on the importance – for global development policy as well as for welfare states’ aim to secure social justice – of protecting children’s capability to engage in playful activities. (shrink)

The health and human rights movement (HHR) shows obvious signs of maturation both internally and externally. Yet there are still many questions to be addressed. These issues include the movement’s epistemological status and its perspectives of development. This paper discusses critically the conditions of emergence of HHR, its identity, its dominant schools of thought, its epistemological postures and its methodological issues. Our analysis shows that: (a) the epistemological status of HHR is ambiguous; (b) its identity is uncertain in the absence (...) of a validated definition: is it an action movement, an interdisciplinary field, a domain, an approach, a setting or a scientific discipline? (c) its main schools of thoughts are defined as “advocacists”, “ethicists”, “interventionists”, “normativists”; (d) the movement is in the maturation process as a discipline in which “interface”, “distance”, “interference” and “fusion” epistemological postures represent the fundamental steps; (e) parent disciplines (health sciences and law) competences, logics and cultures introduce duality and difficulties in knowledge production, validation and diffusion; (f) there is need to re-write the history of the HHR movement by inscribing it not only into the humanitarian or public health perspectives but also into the evolution of sciences and its social, political and economical conditions of emergence. The ambiguous epistemological status of this field, the need to re-write its history, the methodological duality in its research, the question of the competence of the knowledge validation, as well as the impact of HHR practice on national and international health governance are the challenges of its future development. To meet those challenges; we call for the creation and implementation of an international research agenda, the exploration of new research topics and the evaluation of the movement’s contribution to the national and global public health and human rights governance. (shrink)

The COVID-19 pandemic has laid bare many of the inadequacies of our capitalist systems, as Žižek extols in Pandemic! COVID-19 Shakes the World. This essay explores how the capabilities approach, as outlined by Amartya Sen and Martha Nussbaum, may be re-examined in the light of this new viral reality by the contributions of Slavoj Žižek and Byung-Chul Han. The capability approach, as it stands, suffers from two missing pieces: that of an acknowledgement of the necessity of negativity as a foil (...) to positivity within the capabilities as articulated by Nussbaum, and the existence of the material root of all capabilities, namely the need to have the capacity to be capable. A “capability for boredom,” and a “zeroth capability” are discussed as solutions, means by which to fill these gaps. Finally, an universal basic income is discussed as a means by which to support the functioning of a “zeroth capability,” the goal being to avoid a descent into bare life during this time of pandemic capitalism. (shrink)

In modern representative democracies, much healthcare is publicly funded or provided and so the question of what healthcare systems should do is a matter of public policy. Given that public resources are inevitably limited, what should be done and who should benefit from healthcare? It is a dilemma for policymakers and a subject of debate within several disciplines, but rarely across disciplines. In this paper, I draw on thinking from several disciplines and especially philosophy, economics, and systems theory. I conclude (...) that economist and philosopher John Broome’s writing provides the framework for an answer: a healthcare system in a democracy should do as much good as possible, although sometimes we should sacrifice some overall good for the sake of fairness. This leaves open some detailed questions about what in practice we consider to be good and fair, and about when some good should be traded off in order to be fair. The answers to these questions depend on our values, or as explained by systems theory, our weltanschauung. How policy decisions should be made when citizens’ values differ is a subject of extensive academic debate. However, it is a separate question. Representative democracies have mechanisms for resolving such debates. (shrink)

The global financial crisis that started in 2008 was followed by recessions, austerity measures, protests, and demonstrations. Relative deprivation theory offers an explanation as to why people engage in protests and violence, and the literature contains evidence that economic and environmental variables are often to blame. However, previous RDT scholars have not investigated how a country’s entrepreneurial attitudes can affect increases in civil disorder, which is the primary purpose of this study. The authors’ results provide not only conflicting evidence regarding (...) RDT explanations but also strong evidence that high levels of entrepreneurial attitudes can significantly dampen increases in society’s level of civil disorder. Levels of environmental degradation were found to have no impact on changes in civil disorder. (shrink)

The potential contributions information and communication technology (ICT) can make to advancing human capabilities are acknowledged by both the capability approach (CA) and ICT communities. However, there is a lack of genuine engagement between the two communities. This paper addresses the question: How can a collaborative dialogue between the CA and ICT communities be advanced? A prerequisite to exploring collaboratively the potential use of particular technologies with specific capabilities is a conceptual framework within which a dialogue can be undertaken to (...) advance the operationalization of capabilities through the use of ICT. A communicative connection constituted of a dialogic space consisting of the CA and ICT communities and a set of normative values and objectives is proposed. The normative values of the communicative connection are derived from the human right to communicate (RTC) which serves as axiomatic principle of the communicative connection. The shared objectives are to operationalize through the use of ICT both the capability and the right to communicate, which are distinct but present in and reinforce each other. Alternative concepts of communication and freedom of expression to those held by the two communities is presented along with a comparison of the values embodied in the RTC and found in the CA. (shrink)

Let me start by saying that I have a deep appreciation for the development rights framework offered by Paul Baer and his colleagues at EcoEquity and the Stockholm Environmental Institute (Baer, Ath...

Central capabilitarian theories of well-being focus exclusively on actual opportunities to attain states of being and doing that people have reason to value. Consequently, these theories characterise ill-being and disadvantage as deprivations of such opportunities and attainments. However, some well-being aspects are inherently negative. They make up the difference between not being well and being unwell in that they constitute ill-being. While disadvantage can be plausibly captured by deprivations, ill-being cannot be fully captured by them. I support this claim by (...) analysing cases involving inherently negative aspects of homelessness that are not mere deprivations of opportunities to attain beings and doings that people have reason to value. I conclude that ill-being is not only about what one cannot be and do, but also about one’s enduring, and opportunities to avoid, negative beings and doings. Theories and policies should reflect this to get things right, and to do right by people. (shrink)

El articulo quiere demostrar las razones por las cuales se precisa de la complementariedad dialectica entre las dos formas de reconocimiento reciproco, la reciprocidad y la mutualidad, si se apunta al telos, nunca completamente alcanzado y siempre esperado, de llevar una vida buena y feliz en comunidad, dado el rol insustituible del conflicto en el seno de la condicion humana y la vida en sociedad. Se centra en las diferencias de matiz, pero importantes entre reconocimiento reciproco y mutuo con el (...) fin de mostrar la potencia de estos conceptos en la comprension del intrincado camino del ser humano para realizar la historia de la vida en comun. La lucha por el reconocimiento es expresion de la tendencia ambigua y ambivalente de la condicion humana que hace de los hombres seres fragiles y desproporcionados, tan capaces del bien como del mal, de la disimetria como de la reciprocidad y de la inclinacion al impulso agresivo, como a las bondades del amor. La capacidad del incremento de sentido del amor, de la autocritica a la mala conciencia y de los esfuerzos generosos de la voluntad por una vida buena en comun, propios del reconocimiento mutuo, resultan ser ingredientes necesarios que deben tenerse en cuenta en las iniciativas de las luchas pacificas por el reconocimiento. Finalmente, estas ideas van a ser aplicadas a algunos rasgos de la experiencia de paz en Colombia para demostrar la necesidad de los gestos de reconocimiento mutuo para vislumbrar un horizonte de configuracion de situaciones duraderas de paz. (shrink)

ABSTRACTThis article provides a Global South perspective on marginalised migrant youth and higher educational aspirations, with a specific focus on South Africa. We use data from a case study in Johannesburg to illustrate how marginalised migrant youth experience particular forms of disadvantage in their endeavours to realise their educational aspirations. Yet, educational opportunities and the achievement of educational aspirations may enhance dimensions important for individual wellbeing. Through education, marginalised migrant youth become better positioned to pursue what they have reason to (...) value, including escaping poverty in both their home and host countries. Using the human development and capability lens, the paper also presents what the disadvantages experienced by marginalised migrant youth may mean for human development. We argue that constrained educational aspirations can result in corrosive disadvantage and ultimately systemic poverty. We conclude the paper by highlighting how the capability approach could be used to inform social and educational policies in contexts of marginalisation. (shrink)

Este artículo es un acercamiento a los marcos de referencia de la juventud que permiten su redefinición conceptual y el acceso a las oportunidades de desarrollo retomando como concepto-eje: la ciudadanía. Con ello, se revisa el ejercicio de derechos humanos tales como: el derecho a la libre elección y la democracia ; y el derecho a la autodeterminación. Se concluye con el análisis teórico de tres programas de Política Pública de México y España.

The World Bank estimates that over one billion people currently lack official identity documents. To tackle this crucial issue, the United Nations included the aim to provide legal identity for all by 2030 among the Sustainable Development Goals. Technology can be a powerful tool to reach this target. In the digital age, new technologies increasingly mediate identity verification and identification of individuals. Currently, State-led and public–private initiatives use technology to provide official identification, to control and secure external borders, and to (...) distribute humanitarian aid to populations in need. All of these initiatives have profound implications for the protection of human rights of those affected by them. Digital identity technologies may render individuals without legal documentation more visible and therefore less vulnerable to abuse and exploitation. However, they also present risks for the protection of individuals' human rights. As they build on personal data for identification and identity verification, data protection and privacy rights are most clearly affected. The prohibition of discrimination in the digital space is also of concern as these technological advances' societal impact is not yet fully understood. Accordingly, the article argues that emerging digital identity platforms will only contribute to the protection of human rights if the providers adequately mitigate any risks of potential discrimination and promote high standards of privacy and data protection. (shrink)