The essay problematizes the incorporation of LGBTI rights promotion into the US and EU foreign policies. First, the paper examines the two actors’ key documents, speeches, and policies devoted to the promotion of LGBTI rights abroad, the similarities and differences between the two actors’ approaches, attending to the tendencies of their evolution and the ongoing development. Second, the article discusses the internal conditions in target countries that are conducive to the success and failure of international support (...) of LGBTI rights. Finally, the study makes a critical overview of the measures that are argued to be necessary to increase the efficiency of LGBTI rights promotion in countries with most negative current trends in and/or poorest records on LGBTI rights. (shrink)

The strategies by South African government in addressing gender discrepancies have yield no results because there are prevalent gender discriminatory practices and attitudes, which have already culminated into homophobia. Thence the main objective of this paper is to evaluate the government remedial strategies against cultural matrices as determined by patriarchy and homophobia. In addressing the objective, the study deployed qualitative research method, wherein relevant documents, journals, as well the South African Constitution (1994) pertaining to LGBTI matters were consulted. The (...) outcome was that despite significant measures by the government and other institutions in protecting LGBTI rights, homophobic tendencies are still rampant which are culturally bound. That culminated into the recommendations that because resistance to accept each other is embedded in cultural and traditional practices from both Western and African worldviews, ubuntu‘ philosophy can be the answer. (shrink)

O presente artigo problematiza a incorporação da promoção dos direitos LGBTI nas políticas externas dos EUA e da UE. Em primeiro lugar, examina os principais documentos, discursos e políticas dos dois atores sobre à promoção dos direitos LGBTI no estrangeiro, e as semelhanças e diferenças entre as abordagens de ambos, atendendo às tendências da sua evolução e desenvolvimento contínuo. Em segundo lugar, o artigo analisa as condições internas nos países alvo que são propícias ao sucesso e ao fracasso (...) do apoio internacional aos direitos LGBTI. Finalmente, o estudo apresenta uma visão crítica das medidas que são consideradas necessárias para aumentar a eficiência da promoção dos direitos LGBTI em países com tendências atuais mais negativas e/ou com historiais mais pobres sobre os direitos LGBTI. (shrink)

My main concern will be to show that it makes sense to speak of the rights of unborn generations against us, and that given the moral judgment that we ought to conserve our environmental inheritance for them, and its grounds, we might well say that future generations /do/ have rights correlative to our present duties toward them. Protecting our environment now is also a matter of elementary prudence, and insofar as we do it for the next generation already (...) here in the persons of our children, it is a matter of love. But from the perspective of our remote descendants it is basically a matter of justice, of respect for their rights. My main concern here will be to examine the concept of a right to better understand how that can be. (shrink)

In this paper, I set out a new Kantian approach to resolving conflicts between moral obligations for highly autonomous machine agents. First, I argue that efforts to build explicitly moral autonomous machine agents should focus on what Kant refers to as duties of right, which are duties that everyone could accept, rather than on duties of virtue (or “ethics”), which are subject to dispute in particular cases. “Moral” machines must first be rightful machines, I argue. I then show how this (...) shift in focus from ethics to a standard of public right resolves the conflicts in what is known as the "trolley problem" for autonomous ma-chine agents. Finally, I consider how a deontic logic suitable for capturing duties of right might meet Kant’s requirement that rightfully enforceable obligations be consistent in a system of equal freedom under universal law. (shrink)

This paper presents an account of the right to privacy that is inspired by classic control views on this right and recent developments in moral psychology. The core idea is that the right to privacy is the right that others not make personal information about us flow unless this flow is an expression of and does not conflict with our deep self. The nature of the deep self will be spelled out in terms of stable intrinsic desires. The paper argues (...) that this view has advantages over alternative accounts of the right to privacy, that it is extensionally adequate in interesting test cases, that there is a good reason to think that the right to privacy, thus understood, can be justified, and that this view helps identify what kind of information is protected by the right to privacy. (shrink)

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these (...) class='Hi'>rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)

This article proposes a teleological ethical approach for the analysis of the conflict between the right to the city and the right to tourism. Unlike the understanding of this conflict through a deontological lens, which is based on universal and unconditioned moral duties, a teleological perspective allows us to observe much more underlying and intricate problems that can arise in any cultural and socio-historical context of each tourist city. By taking the teleological model of the philosopher Alasdair MacIntyre as a (...) starting point, the article suggests the basis of a framework for an ethical understanding of the complexity of teleological conflicts that can appear in the pursuit of situated internal goods —sought cooperatively— and external goods —sought competitively— within and between social practices related to both rights. (shrink)

Most right-libertarians deny the permissibility of government redistribution, referring to the inviolability of private property rights. In a rare exception, Eric Mack offers a right-libertarian argument for luck sufficientarianism based on the catastrophe clause. In this view, people who find themselves in trouble through no fault of their own may violate someone else’s property rights in minor ways to save their own lives. But since a literal interpretation of this clause makes property rights too uncertain, Mack proposes (...) a system of redistribution that will protect people from dire circumstances. As it only applies to those who find themselves in poverty through no fault of their own, Mack’s argument rules out a basic income. However, one can combine Mack’s argument with basic income by arguing that responsibility-insensitive sufficientarianism is superior to luck sufficientarianism. First, luck sufficientarianism allows for the counterintuitive conclusion that people who have made mistakes in their lives do not deserve help from the rest of the community, even if they are engaged in some socially important activity. Second, luck sufficientarianism unduly interferes with people’s private lives to distinguish between deserving and undeserving recipients of social assistance, and inevitably excludes some deserving recipients from the pool of recipients. Third, a condition for holding people responsible for their choices is that they have agency. But maintaining agency requires the presence of some kind of material resources that would protect people from the fear and stress associated with poverty. Thus, responsibility-insensitive sufficientarianism is superior to luck sufficientarianism as an interpretation of the catastrophe clause. And within a libertarian framework, this requires introducing a basic income. First, a basic income technically guarantees everyone protection from extreme poverty and destitution. Second, a basic income guarantees everyone autonomy in how they manage their resources. Third, a basic income does not require means testing and is therefore responsibility-insensitive. Mack’s catastrophe clause therefore offers a right-libertarian argument for a basic income. (shrink)

This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to a normative status of persons that makes their treatment in terms of human rights a proper response, and a social condition of persons in which their human rights are fulfilled. This paper pursues three tasks. (...) First, it provides an analysis of the content and an interpretation of the role of the idea of human dignity in current human rights discourse. The interpretation includes a pluralist view of human interests and dignity that avoids a narrow focus on rational agency. Second, this paper characterizes the two aspects of human dignity in terms of capabilities. Certain general human capabilities are among the facts that ground status-dignity, and the presence of certain more specific capabilities constitutes condition-dignity. Finally, this paper explores how the pursuit of human rights and human dignity links to distributions and uses of power. Since capabilities are a form of power, and human rights are in part aimed at respecting and promoting capabilities, human rights involve empowerment. Exploring the connections between human rights, capabilities, and empowerment provides resources to defend controversial human rights such as the right to democratic political participation, and to respond to worries about the feasibility of their fulfillment. This paper also argues that empowerment must be coupled with solidaristic concern in order to respond to unavoidable facts of social dependency and vulnerability. (shrink)

What should we make of claims by members of other groups to have moralities different from our own? Human Rights in Chinese Thought gives an extended answer to this question in the first study of its kind. It integrates a full account of the development of Chinese rights discourse - reaching back to important, though neglected, origins of that discourse in 17th and 18th century Confucianism - with philosophical consideration of how various communities should respond to contemporary Chinese (...) claims about the uniqueness of their human rights concepts. The book elaborates a plausible kind of moral pluralism and demonstrates that Chinese ideas of human rights do indeed have distinctive characteristics, but it nonetheless argues for the importance and promise of cross-cultural moral engagement. (shrink)

The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, while there (...) should be no removal of past information, steps must be taken to ensure that this is not constantly, or unnecessarily, recalled. (shrink)

The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology enables access (...) to the human mind for research, treatment and other purposes. This enabling feature is now a growing concern. In the field of human rights, this human-science–technology interface is leading to articulation of new human rights to safeguard against modern threats. The wider usage of expressions like neurolaw and mental autonomy reflects on the emerging field of standards to protect the human mind from interference, manipulation and control. Growing literature on the subject sheds light on the human-rights-based approach to the challenge. (shrink)

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally relevant concerns can (...) be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)

Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper (...) raises few questions on the value and influence of cross-referencing in the area of human rights. Questions in this regard can be posed as to (a) whether cross-referencing is reflective of an emerging consensus on the subject matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the practice of relevance towards the implementation and advancement of international human rights standards? The topic can shed light on broader themes including the universality of human rights, contestations/disagreements over human rights standards, and the measure of acceptability of international human rights standards within domestic settings. This paper discusses the practice, its role and influence in relation to international human rights standards. Three judgments [of the courts of Nepal, India and Singapore] addressing the human rights and homosexuality agenda have been illustrated for discussion. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...) proportionality analysis is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement (...) constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Chapter 1 of this book argued that moral philosophy should be based on seven principles of theory selection adapted from the sciences. Chapter 2 argued that these principles support basing normative moral philosophy on a particular problem of diachronic instrumental rationality: the ‘problem of possible future selves.’ Chapter 3 argued that a new moral principle, the Categorical-Instrumental Imperative, is the rational solution to this problem. Chapter 4 argued that the Categorical-Instrumental Imperative has three equivalent formulations akin to but superior to (...) Kant’s formulations of the Categorical Imperative. Chapter 5 argued that my principle’s three formulations make it rational to adopt a Moral Original Position to derive moral principles. The present chapter derives Four Principles of Fairness from the Moral Original Position--principles of coercion minimization, mutual assistance, fair negotiation, and virtue—and unifies them into a single principle of rightness: Rightness as Fairness. Finally, this chapter argues that Rightness as Fairness entails a novel approach to applied ethics called ‘principled fair negotiation’, illustrating how the theory provides a plausible new framework for addressing applied cases including lying, suicide, trolleys, torture, distribution of scarce resources, poverty, and the ethical treatment of animals. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. (...) justifications of rights by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

To become a public figure or celebrity, I claim, is to exist alongside a zombie version of yourself. This zombie shares the same name and physical likeness but operates independently of its flesh-and-blood counterpart. In fact, public figures do not have any special authority over the zombie version of themselves, and in some contexts, they enjoy less authority over their zombie counterparts than others do. In the US, for example, public figures are not legally entitled to protections against criticism via (...) parody, which can include unauthorized use of their likeness for offensive images, insulting jokes, and other forms of public mockery. As Michel Foucault observed, a work is entitled to become the “murderer” of its author, which suggests that the author’s name exists among the living dead. An artist’s works can bear their name yet operate independently of their attitudes or mental states. In June of 2019, the master rights to Taylor Swift’s first six albums were sold without her knowledge or consent, effectively “murdering” her rights as their author. Swift’s 2019 decision to re-record her first six studio albums can thus be understood as an act of institutional revenge, a way to get back at the people who have wielded power over her and the institutions that enable exploitation—a battle with her zombified works: the “stolen” original albums. In this chapter I sketch an institutional theory of celebrity names to explain the institutional, personal, and political significance of self-appropriation, using Taylor Swift’s act of re-recording her own music as a paradigm case. (shrink)

The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides a (...) useful way to determine how the right should be applied in various cases. (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)

Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.

Right- and wrong-making features ("moral grounds") are widely believed to play important normative roles, e.g. in morally apt or virtuous motivation. This paper argues that moral grounds have been systematically misidentified. Canonical statements of our moral theories tend to summarize, rather than directly state, the full range of moral grounds posited by the theory. Further work is required to "unpack" a theory's criterion of rightness and identify the features that are of ground-level moral significance. As a result, it is not (...) actually true that maximizing value is the relevant right-making feature even for maximizing consequentialists. Focusing on the simple example of utilitarianism, I show how careful attention to the ground level can drastically influence how we think about our moral theories. (shrink)

The right to food is recognized as a basic right under international human rights law. The lack of implementation of the right is a challenge for societies around the world. The failures in implementation are leading stakeholder's to strongly advance more appropriate standards vis-a-vis the right to food. The concept of food sovereignty for instance has gained importance in this regard. The concept of food sovereignty is interpreted to be larger in scope than the right to food. Food sovereignty (...) is not limited to the making "provision" of food to the beneficiaries by the state. In addition, it also mandates the empowerment of communities by the adoption of policies to secure land, food production and consumption, etc. -/- In 2010, the UN Special Rapporteur on the Right to Food recognized the wider import of the right to food based on the concept of food sovereignty. The Rapporteur emphasised on the provision of land for instance as essential to right to food. The acceptance of food sovereignty as a benchmark for state performance is one of the most notable developments in the field of economic, social and cultural rights. This chapter discusses the role of the concept of food sovereignty, and how it is shaping international and domestic policy frameworks. (shrink)

Can the human rights we recognize today be derived from the central Muslim text, the Qur’an? I will argue that they can, but that this requires reconceptualising the believer’s relationship to revelation. On the standard view, the believer is bound by all prescriptions in the Qur’an. By contrast, I will argue that the Qur’an prescribes two distinct kinds of norms—thin norms and thick norms—and only the latter have normative force here and now. With this novel framework for understanding Qur’anic (...) norms on the table, I address two barriers to grounding human rights in the Qur’an: the problem of omission, according to which there are rights that we want to recognize that are seemingly missing in the Qur’an, and the problem of rejection, according to which the Qur’an seems committed to rejecting some rights that we do want to recognize. I will argue that both problems can be overcome. (shrink)

This article proposes a teleological ethical approach for the analysis of the conflict between the right to the city and the right to tourism. Unlike the understanding of this conflict through a deontological lens, which is based on universal and unconditioned moral duties, a teleological perspective allows us to observe much more underlying and intricate problems that can arise in any cultural and socio-historical context of each tourist city. By taking the teleological model of the philosopher Alasdair MacIntyre as a (...) starting point, the article suggests the basis of a framework for an ethical understanding of the complexity of teleological conflicts that can appear in the pursuit of situated internal goods —sought cooperatively— and external goods— sought competitively— within and between social practices related to both rights. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We owe (...) duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and policy (...) amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

This contribution discusses two aspects of Watson’s account of epistemic rights: namely, the nature of epistemic rights, and a particular form of epistemic rights violation that Watson calls the abuse of perceived epistemic authority. It is argued that Watson’s take on both aspects is unsatisfactory, and some suggestions for an alternative view are offered.

Animals, the beautiful creatures of God in the Stoic and especially in Porphyry’s sense, need to be treated as rational. We know that the Stoics ask for justice for all rational beings, but there is no significant proclamation from their side that openly talks in favour of animal justice. They claim the rationality of animals but do not confer any rights to human beings. The later Neo-Platonist philosopher Porphyry magnificently deciphers this idea in his writing On Abstinence from Animal (...) Food. Aristotle’s successor Theophrastus thinks that both animals and humans are made up of the same tissues, and like a human, animals also have the same way of perception, reasoning and appetites. My next effort would be to decipher how Porphyry illustrates Theophrastus’ perspective not in the way (the technical theory of justice) the Stoics argued. Porphyry’s stance seems more humanistic that looks for the pertinent reasons for treating animal rights from the contention of justice that Aristotle, in his early writings, defied since animals can deal with reasons. The paper highlights how much we could justificatorily demand empathetic concern for animals from the outlook of the mentioned Greek thinkers and the modern animal rights thinkers as quasi-right of animals, even if my position undertakes the empathetic ground for animals in an undeserving humanitarian way. (shrink)

One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the view (...) that regards the right to healthcare as fundamentally moral in kind, which should thereby guide its legal and contractual appropriations. In particular, we respond to objections against this view stemming from issues concerning the universality and satisfiability of the right’s correlative duty. We deal with such issues by invoking the relative degree of incumbency of moral rights and the capability-relativity of positive duties. We further contend that as these factors define the scope of the moral right to healthcare, they thus constrain what we can demand as a matter of right to meet our healthcare needs in this time of the pandemic. (shrink)

The Republic of Ireland is introducing major human rights-based reform to its mental health laws. This paper outlines the new legal landscape in which psychologists must operate against the backdrop of present day effects of Ireland’s dark legacy of institutionalisation. A rights-based approach aims to positively transform mental health service delivery and we advocate for person-centred treatments as the ‘new normal’. We summarise the recent advocacy work undertaken by the Psychological Society of Ireland’s Special Interest Group in Human (...) Rights & Psychology. Finally, we present an innovative best practice case promoting future rights-based delivery via the Socio-Ecological Model of Health – Kyrie Farm. Keywords: UNCRPD; Assisted Decision Making Act 2015 (ADMA) in the Rep. of Ireland; The Socio-Ecological Model of Health. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes (...) place in the context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The (...) article then focuses on a further strength of the interest theory, brought to the fore by the new formulation. In any Western legal system, the tortious maltreatment of a child or a mentally disabled individual results in a compensatory duty. The interest theory can account for such duties in a simple and elegant way. The will theory, on the other hand, struggles to explain such compensatory duties unless it abandons some of its main tenets. (shrink)

Conservative opponents of abortion hold that from the moment of conception, developing fetuses have (or may have) full humanity or personhood that gives them a moral standing equal to that of postnatal human beings. To have moral standing is to be a recognized member of the human moral community, perhaps having moral duties to others or rights against them, at least as being the recipient of duties owed by others. Conservatives give neo-conceptuses full moral standing, including a right to (...) life that is equal to adults. They sincerely equate feticidal abortions with murder. This article presents both legal and philosophical considerations that count strongly against this conservative position. (shrink)

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that she ought (...) to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

It is a curious fact about mainstream discussions of animal rights that they are dominated by consequentialist defenses thereof, when consequentialism in general has been on the wane in other areas of moral philosophy. In this paper, I describe an alternative, non‐consequentialist ethical framework and argue that it grants animals more expansive rights than consequentialist proponents of animal rights typically grant. The cornerstone of this non‐consequentialist framework is the thought that the virtuous agent is s/he who has (...) the stable and dominating disposition to treat all conscious animals, including non‐human conscious animals, as ends and not mere means. (shrink)

This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient for addressing (...) the question whether and why there is a right to parent one’s biological child. Such a right is important because, in its absence, fairness towards adequate prospective parents who are involuntarily childless would demand a ‘babies redistribution’; moreover, in societies with entrenched histories of injustice there may be reasons of fairness for shuffling babies amongst all recent parents. I supplement the Brighouse-Swift account of fundamental parental rights by an account of how adequate parents acquire the right to parent their biological babies. I advance two arguments to this conclusion: by the time of birth, the birth parents will have already shouldered various burdens in order to bring children into existence, and are likely to have formed an intimate relationship with the future baby. Denying birth parents who would make at least adequate parents the right to keep their baby would be unfair to them and would destroy already formed parent-baby relationships which, I assume, are intrinsically valuable. (shrink)

Interest has been revived in the creation of a "bill of rights" for Internet users. This paper analyzes users' rights into ten broad principles, as a basis for assessing what users regard as important and for comparing different multi-issue Internet policy proposals. Stability of the principles is demonstrated in an experimental survey, which also shows that freedoms of users to participate in the design and coding of platforms appear to be viewed as inessential relative to other rights. (...) An analysis of users' rights frameworks that have emerged over the past twenty years similarly shows that such proposals tend to leave out freedoms related to software platforms, as opposed to user data or public networks. Evaluating policy frameworks in a comparative analysis based on prior principles may help people to see what is missing and what is important as the future of the Internet continues to be debated. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

In this paper I explain and defend the content and justification of John Rawls's conception of human rights, as he outlines it in his major work: The Law of Peoples. I focus, in particular, on the criticisms of Allen Buchanan. Buchanan distinguishes four lines of argument that Rawls uses to derive what, according to Buchanan, is a 'lean' list of human rights : the Political Conception Argument, the Associationist Argument, the Cooperation Argument, and finally the Functionalist Argument. In (...) each case Buchanan proceeds to show how the premises of Rawls's argument lead to absurd consequences if taken to their logical conclusion. It can be shown, however, that the reason these consequences follow is that Buchanan misunderstands and misrepresents Rawls's premises. (shrink)

Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension (...) between the normative ideal of human rights and the facts of asymmetric power. It has two objectives. The first, pursued in section 2, is to reconstruct and assess a set of important power-related worries about human rights. These worries are sometimes presented as falsifying the view that human rights exist, or at least as warranting the abandonment of human rights practice. The paper argues that the worries do not support such conclusions. Instead, they motivate the identification of certain desiderata for the amelioration of human rights practice. The paper proceeds to articulate twelve such desiderata. The second objective, pursued in section 3, is to propose a strategy for satisfying the desiderata identified in the previous section. In particular, the paper suggests some ways to build empowerment into the human rights project that reduce the absolute and relative powerlessness of human rights holders, while also identifying an ethics of responsibility and solidarity for contexts in which power asymmetries will not dissolve. Power analysis does not debunk the human rights project. Properly articulated, it is an important tool for those pursuing it. (shrink)

This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs and their (...) worldviews. Wherefore, it is a discussion in which religious freedom is not dissociated from the anti-racist struggle in the case of Brazil, where, in the 20th century, the myth of racial democracy is produced in the light of studies carried out by Gilberto Freyre in the midst of the 1922 post-week modernist movement. (shrink)

If Martin Heidegger was a philosopher who poetized, Wallace Stevens was a poet who philosophized. In "The Sail of Ulysses," one of his later poems, Stevens speaks enigmatically of a "right to be." The phrase is straightforward, if taken to indicate the right to life. But Stevens is rarely, if ever, straightforward. The poem is much more understandable if we take "being" in a Heideggerian sense, as an understanding of what it means to be.

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger strike as noncoercive (...) and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)

At this juncture, the relevance of the human right to science is undeniable. The right, for a long time, has been a subject matter of deliberation under Article 15 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR). Most of these deliberations emphasised the need for a concise meaning and scope of the right to science. In the year 2020, the Committee on Economic, Social and Cultural Rights (CESCR) under the ICESCR made two interventions with (...) the objective of defining, advancing and mainstreaming the right to science. The two interventions include General Comment No. 25 on Science and Economic, Social and Cultural Rights, and the Statement on the Coronavirus Disease (COVID-19) Pandemic and Economic, Social and Cultural Rights. This paper concerns the above mentioned statements of the CESCR, in particular, the interpretations and standards being advanced by the Committee. (shrink)

This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her objection (...) (section II). After examining whether we might address this reformulated version of O'Neill's objection by appealing to the specificity afforded to human rights in international, regional and domestic law (in section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)