Three arguments summarize opposition to laws protecting LGBTQ+ persons from discrimination: (1) The pseudo-democratic argument (social change should be free of governmental coercion); (2) The clinical argument (homosexuality is an illness); (3) The choice argument (homosexuality is a choice). My purpose is to show the three are vulnerable to damaging objections. This article reflects conditions as they were in 1987 in the USA. For example, the expression LGBTQ+ had not been coined. My use of "gays and lesbians," then (...) believed to be inclusive, excluded a lot of people. (shrink)

The notion of homosexuality in Sub-Saharan African countries has been demonized and rejected based on the assumption that it is both unnatural and alien to African customs and practices. As a result, LGBTQ individuals continue to face stigmatization and discrimination which often translates into verbal, physical and sexual violence. Nevertheless, gender progressive movements such as the Matrix Support Group, have made progress in demystifying misconceptions about LGBTQ community as an attempt to end homophobic attitudes and to negotiate the (...) acceptance of these sexual minorities in African societies. Despite such efforts and developments, heterosexual individuals in Lesotho continue to treat sexual minorities with hostility due to their ignorance about sex, sexuality and gender, thus fuelling hatred towards members of the LGBTQ community. Research has mainly focused on the negative effects of discrimination and stigmatization of homosexuals but overlooked the fundamental cause of homophobia in Lesotho. By employing the content analysis method, this paper provides a systematic analysis of Lesotho’s patriarchal system and its bearing on sexual minorities by exploring the intersectionality of homosexuality, patriarchy, and homophobia. It argues that the constant use of derogatory terms which instigate hate-crimes and discrimination of sexual minorities not only hinders a positive change of attitude but prevents a shift from misguided conceptions about homosexuality. This paper concludes that the revision of power relations and legal interventions aimed at prohibiting stigmatization and violence against homosexuals are imperative in ensuring the protection and recognition of LGBTQ people’s rights in Lesotho. (shrink)

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

Why has modern American conservatism committed itself to gender binaries? Examining why this new categorizing unsettles conservatives (and how they have reacted against teacher unions and transgender influencers), this paper turns to Nietzschean analysis. It finds that the unsettling of heteronormative gender norms resulted in a pivot by conservatism to perpetuate a new gender identity politics in which nonbinary and especially transgender people are scapegoated. Imagining a nihilistic interpretation of gender, conservatives have made “transgender” a signifier of amorality and barbarism, (...) envisioning themselves as warriors of normalcy. Conservative activists have named their frontier “radical gender ideology” while contesting the legitimacy of diagnosed gender dysphoria, revising its pathology, and alleging clinical gender transitioning is a financial ploy. As a result, bodies have become sites of contestation between doctors, trans activists, and groups that advocate against gender-affirming care. This paper traces the conservative movement from resentment to opposition on three fronts – pathology, pronouns, and restrooms. (shrink)

We should disassociate ourselves from wrongdoing. If Hobby Lobby is against LGBTQ rights, we shouldn’t shop there. If Old Navy sources their clothing from sweatshops, we shouldn’t buy them. If animals are treated terribly in factory farms, we shouldn’t eat the meat, eggs, and dairy products that come from them. Let’s call these disassociation intuitions. What explains the existence and force of disassociation intuitions? And based on that explanation, are they intuitions worth taking seriously? In other words, depending (...) on the etiology of these intuitions, should we accept that you ought to dissociate yourself from wrongdoing? Our aim here is to outline a hypothesis that would, if true, answer the first question, and which suggests a way to vindicate some disassociation intuitions as morally correct. (shrink)

This essay argues that humor can be used as an unstable weapon against oppressive language and concepts. Drawing from radical feminist Marilyn Frye, I discuss the difficulty of challenging systematic oppression from within and explore the capabilities of humor for this task. This requires expanding Cynthia Willett’s and Julie Willett’s approach to fumerism beyond affect to fully examine the work of humor in manipulating language, concepts, and imagery. For this expansion, I bring in research on feminist linguistics alongside other philosophers (...) of political humor to consider the connection between humor and world-making. I then link this with feminist world-breaking through Monique Wittig’s analysis of war machines and Trojan horses against heteropatriarchal language. Finally, I draw out the instability of humor as a war machine by investigating a bit where comedian Patti Harrison disguised herself as an official corporate brand platform to challenge the compulsory commodification of LGBTQ rights. (shrink)

Marcuse argued that U.S.-led globalized capitalism represented the irrational perfection of waste and the degradation of the earth, resurgent sexism, racism, bigoted nationalism, and warlike patriotism. Inspired by the revolutionary legacy of Herbert Marcuse’s social and political philosophy, this volume appeals to the energies of those engaged in a wide range of contemporary social justice struggles: ecosocialism, antiracism, the women’s movement, LGBTQ rights, and antiwar forces. The intensification of these regressive political tendencies today must be countered, and this (...) can be best accomplished through radical collaboration around an agenda recognizing the basic economic and political needs of diverse subaltern communities. Marcuse's Great Refusal is elaborated as a collective project of system negation that is becoming a new general interest. (shrink)

Despite their purported demographic and institutional decline, White evangelical voters were instrumental in the election of Donald Trump in 2016, and even more so in his 2020 loss. The story of Trump’s electoral successes among Christian voters in the last two elections is in large part the story of religious nationalism—and White Christian nationalism in particular—because Trump personifies the convergence of nationalism-infused forms of messianism and apocalypticism intrinsic to White evangelicalism, which culminate in QAnon cultic ideology. However, these same ethnoreligious/nationalist (...) patterns and logics extend much further back than Trump’s insurgent candidacy. This chapter traces the recurring, resurgent patterns of “zombie nationalism” among White evangelical Christians in the United States over the last half century that emerged in response to periods of significant societal change and certain recurring sociopolitical issues. In particular, alongside established elective affinities around ethnicity (whiteness) and religion (Christianity), this chapter makes the case for incorporating gender and sexual politics as key factors in the articulation and legitimation of religious nationalism in the United States. White Christian nationalism tends to reemerge as a salient political force during periods of rapid social change and diversification, driven by racialized religious grievances symptomatic of Nietzsche’s concept of ressentiment, or the paradoxical internalization and reprojection of a person’s or group’s perceived endangerment, victimhood, and/or suffering, in order to gain power. Drawing on examples of marriage equality and reproductive rights, this chapter demonstrates how an understanding of sexual politics is key to both apprehending and breaking the cyclical reanimation of White Christian nationalism. Escaping the nihilistic impulses driving these cycles will require White evangelicals to develop new hermeneutical tools capable of transforming the exclusionary patterns of racism, ethnocentrism, heteronormativity, and patriarchy that fuel the engine of ressentiment animating zombie nationalism. (shrink)

Browne 1 (this issue ) argues that what may appear to be a benevolent practice-disclosing the sex of a fetus to expecting parents who wish to know-is in fact an epistemically problematic and, as a result, ethically questionable medical practice. Browne worries that not only will the disclosure of fetal sex encourage sex-selective abortions (an issue we will not take up here), but also that it will convey a misleading and pernicious message about the relationship between sex and gender. More (...) specifically, she contends that the practice of disclosure is problematic because (1) it purports to establish the gender of the developing baby based on information about the baby's sex, whereas this is not a warranted inference because while sex is determined by biological factors, gender is determined by social factors and (2) it conflates (biological) sex with (social) gender or encourages such conflation or reduction and thereby promotes 'essentialistic' thinking about gender that is closely linked to sexism and social injustice. If (1) is true, then disclosing fetal sex amounts to misinforming or misleading prospective parents-and since misinforming patients is wrong, the act of disclosing is also wrong. However, beyond the wrongs of misinforming patients, the practice also perpetuates the harms associated with a rigidly gendered society through endorsing the message in (2), thus lending the authority of the medical profession to the gender-essentialist ideas that have underpinned, and continue to drive, sexism and social injustice. This analysis leads Browne to recommend that clinicians be prohibited from informing parents about the sex of their developing fetus. -/- We agree with Browne that gender essentialism-the notion that 'femaleness' and 'maleness' carve out distinct natural classes with innate, immutable properties-is not only a false metaphysical thesis, but also a pernicious idea insofar as the sexist attitudes it fosters motivate policies that systematically violate the human rights of women, as well as those of the LGBTQ community. However, we do not think that the disclosure of fetal sex misinforms prospective parents about the gender of their baby, nor do we believe that such disclosure presupposes or promotes gender essentialism properly understood. (shrink)

In this article, I examined the various ethical problems raise to morally discount homosexuality. I found that so far no moral argument proved adequate ground to discount homoeroticism. However, I have developed the ‘Two-Way Test’ (TWT) by which the social acceptability of any sexual relation should be tested for moral validity. From the analysis, homosexuality was found to have failed the test. That is to say, homosexuality is not a morally valid act. Despite that, the immoral status of homosexuality did (...) not constitute sufficient ground for its criminalization, because not all immoral acts are criminalized but only those that impede the right or liberty of others. In conclusion, the paper submitted that although homosexuality had failed the TWT it does not call for violence, criminalization and discrimination against persons of homosexual orientation but that homosexuals should be accommodated without deliberately discouraging heterosexual relationship. My advocacy for sexual tolerance is based on the grounds that ongoing biological research has so far shown the phenomenon as biological reality beyond the personal control of most homosexuals. (shrink)

Positive social trends around LGBT in Russia has converted into positive political trends, but support for LGBT policies is necessary for a democratic politician.

This paper explores how the social and affective lives of people with marginalized social identities are particularly affected by digital influences. Specifically, the paper examines whether and how social media enables LGBTQ+ people to experience feelings of belonging. It does so by drawing on literature from digital epistemology and phenomenology of the digital, and by presenting and analyzing the results of a qualitative study consisting of 25 interviews with LGBTQ+ people. The interviews were conducted to explore the social (...) media experiences of LGBTQ+ people through an empirical framework informed by both phenomenology and social epistemology, particularly feminist standpoint theory. The paper emphasizes the importance of positionality and the epistemic value of research that centers marginalized perspectives and employs an anti-oppressive research approach, and focuses on understanding the digital experiences of LGBTQ+ people from within their marginalized perspective. (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)

Many paradigmatic forms of animal rights and environmental activism have been classed as terrorism both in popular discourse and in law. This paper argues that the labelling of many violent forms of direct action carried out in the name of animal rights or environmentalism as ‘terrorism’ is incorrect. Furthermore, the claim is also made that even those acts which are correctly termed as terrorism are not necessarily wrongful acts. The result of this analysis is to call into question (...) the terms of public debate and the legitimacy of anti-terrorism laws targeting and punishing radical activism. (shrink)

This contribution explores disability rights protection in Inter-American States within the framework of the OAS and in the context of the obligations established under the CIADDIS and the CRPD. Following the classical division between ‘primary’ and ‘secondary’ rules, the contribution first sketches key regulatory initiatives in the area of disability rights and second considers compliance and enforcement mechanisms. Along these lines, the first section illustrates similarities and differences between the CIADDIS and the CRPD and, within this framework, essential (...) regional regulatory initiatives. The second section assesses disability rights in select countries, based on periodic reports under the CIADDIS and CRPD. The section examines the four largest countries by population in the region, notably, the United States of America (US), Mexico, Brazil and Colombia. The third section explores the enforcement of disability rights via key cases before the Inter-American Commission on Human Rights (IAComHR) and the Inter-American Court of Human Rights (IACtHR). The purpose is providing a comprehensive understanding of disability rights in the region and identifying key regulatory problems and ways forward. (shrink)

Mark White has developed a provocative skepticism about antitrust law. I first argue against three claims that are essential to his argument: the state may legitimately constrain or punish only conduct that violates someone’s rights, the market’s purpose is coordinating and maximizing individual autonomy, and property rights should be completely insulated from democratic deliberation. I then sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with conduct that violates (...) rights. The main thread running throughout the article is that what counts as a legitimate exercise of property rights is dynamic, sensitive to various external conditions, and is the proper object of democratic deliberation. (shrink)

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)

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

In this review I consider Gorman's arguments for redescrbiing the history of ethics, from Plato to Isaiah Berlin, as the history of theories of human rights, and for the conclusions that human rights are dependent, that they change over time, and that they may conflict with each other. I disagree with his interpretations of Plato, Hobbes, and Kant, as well as the idea that their moral theories can be converted into theories of human rights without loss, and (...) I argue that his various conclusions about human rights depend upon assumptions - such as that ethics is essentially concerned with motivation, that human nature is changing to the extent that human reason is changing, and that moral reality is inconsistent – that many would reject. Along the way I point out various blunders, such as the claim that that the Hobbesian social contract is a "covenant with the sovereign", and the claim that, according to Kant, "If I act wrongly... I may be acceptably treated as a means.". (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)

A chapter reviewing recent experimental work on people's conceptions of ownership rights.

Declaring a cosmopolitan right to scientific progress risks perpetuating many of the inequities it aims to overcome. This calls for a re-imagination of science that directly responds to science’s links to violent nationalist projects and the harms of capitalism.

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)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be (...) the scientists in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

The liberal conception of rights which has dominated the greater part of the 19th and 20th centuries is still very relevant today with its emphasis on individual interests. The liberals consider the rights or the interests of individual members of the society as trumps over group interests. Under the liberal harm and offence principles for example, they hold that whatever interests claimed by the groups should have adequate protection under individual interests or rights. This paper, while recognizing (...) the controversies and difficulties in a wholesome acceptance of group rights, aims to show that the considerations of the liberal harm and offence principles that ignore the interests of groups or collectives will be incomplete in handling or managing the problems of the political society. We argue that in spite of the difficulties and controversies related with group interests and rights, we cannot ignore the constant problems of the political society that require proper attention to such interests. Our major interest is therefore to show that there is certainly a good case for its recognition in the language of rights. The theory of group rights that stresses the independent existence of group interests from that of individuals is particularly admirable and may not be ignored easily in modern political thinking. (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)

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)

The claim I want to explore in this paper is simple. In social ontology, Margaret Gilbert, Abe Roth, Michael Bratman, Antonie Meijers, Facundo Alonso and others talk about rights or entitlements against other participants in joint action. I employ several intuition pumps to argue that we have reason to assume that such entitlements or rights can be ascribed even to non-sentient robots that we collaborate with. Importantly, such entitlements are primarily identified in terms of our normative discourse. Justified (...) criticism, for example, presupposes that another person acted wrongly, i.e., was not entitled to this action. Praise is supposed to encourage another person and acknowledge that one did more than one was obligated to. I show that such normative talk serves the same function when cooperating with robots. This, I argue, suggests that they have the same kind of entitlements and duties at least in the context of a joint action. (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.

My goal in this paper is to show that two theses that are widely adopted among Kantian ethicists are irreconcilable. The paper is divided into four sections. In the first, I briefly sketch the contours of my own positive view of Kantian ethics, concentrating on the issues relevant to the two theses to be discussed: I argue that agents can perform actions from but not in conformity with duty, and I argue that agents intentionally can perform actions they take to (...) be contrary to duty. In the second, I focus on Barbara Herman’s non-accidental rightness condition from “On the Value of Acting from Duty.” In the third, I focus on Christine Korsgaard’s guise of the objectively good from “Formula of Humanity.” In the fourth, I explain why the positions developed by Herman and Korsgaard are irreconcilable and I make a suggestion about how to move forward. (shrink)

Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.

This paper explores connections between social rights and labour rights within a human rights framework. Social human rights tend to be marginalized both in philosophical debates about human rights and international human rights doctrine and practice. This paper brings social human rights into focus and argues that they play an important though neglected role in shaping the content of labour human rights, in particular the human right to just and favourable conditions of (...) work. The implications for the content of this right are elaborated, and the paper concludes with some reflections on the relevance of social human rights in recent struggles for stable and predictable working hours. (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)

Mental health is a global priority, and states and stakeholders are taking steps toward advancing a human right to mental health for all (APA, 2018). This is evidenced by international studies, initiatives, declarations, and domestic policy interventions. From a right-based perspective, mental health is not the mere absence of a psychiatric condition or psychosocial disability (WHO, 2022). It speaks of an environment in which individuals live a life of dignity. The application of human rights principles to mental health allows (...) us to incorporate novel ideas about the role of all stakeholders in fostering the security, freedom, justice, and dignity of individuals. With this point of view in mind, many states are revisiting their mental health laws and governance practices. (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)

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)

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)

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)

Reportedly ever since Pythagoras, but possibly much earlier, humans have been concerned about the way non human animals (henceforward “animals” for convenience) should be treated. By late antiquity all main traditions with regard to this issue had already been established and consolidated, and were only slightly modified during the centuries that followed. Until the nineteenth century philosophers tended to focus primarily on the ontological status of animals, to wit on whether – and to what degree – animals are actually rational (...) beings; accordingly they allowed – or denied – them some kind of moral standing. This modus operandi was for the first time seriously questioned by Jeremy Bentham, who put the issue on a different track. If the question, as Bentham suggested, is not if animals can think or speak, but if they can suffer1, then it seems plausible that moral agents ought to abstain from inflicting unnecessary suffering on animals; in other words, humans might have at least one – even limited – moral duty towards animals. And if this, in turn, is true, then animals should arguably be allowed the commensurate moral right, namely the right not to be inflicted unnecessary pain. Then, if animals possess this right, they could probably possess others, as well. This is how grosso modo the issue of animal rights became a pivotal part of the discussion concerning animal ethics. Bentham himself, of course, wouldn’t have gone that far; to him even the idea of human rights sounded like “simple… rhetorical nonsense upon stilts”.2 It was mostly due to his views, however, that the debate was moved from the way things actually are to the way things should ideally be – thus merging into what, in my view, should always have been: one primarily concerning ethics. (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)

What rights and duties do adults have with respect to raising children? Who, for example, has the right to decide how and where a particular child will live, be educated, receive health care, and spend recreational time? I argue that neither biological (gene-provider) nor..

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 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)

Why Human Rights? addresses universal human rights as moral mandates – rights to justice that all m persons have by virtue of their humanity alone. These are not the legal rights of statutes and treaties, but moral rights of the kind Gandhi, King, and Mandela invoked to oppose unjust laws. All such rights presuppose three claims: (1) that some duties of justice apply universally, (2) that all human beings have equal moral significance, and (3) (...) that states must protect or serve certain individual interests regardless of the societal impact of doing so. -/- Can these three premises be justified? Is the human equality claim, for example, rationally supportable, or is it no less faith-based than hierarchical doctrines like caste? This book explores the case for these foundational claims along with other philosophical controversies pertaining to human rights. Because these issues lie at the heart of moral and political philosophy, readers will also obtain a broad appreciation of these disciplines and their leading theorists, including Mill, Kant, Rawls, Sandel, Nozick, Rorty, and many others. Written in concise, jargon-free language, this book presents a high-relief map of the philosophical issues surrounding human 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 self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the views (...) concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (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)

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)

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)

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)