Results for 'indigenous rights'

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  1.  13
    Crime Against Dalits and Indigenous Peoples as an International Human Rights Issue.Desh Raj Sirswal - 2015 - In Proceedings of National Seminar on Human Rights of Marginalised Groups: Understanding and Rethinking Strategies. Patiala: pp. 214-225.
    In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights (...)
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  2. A Kantian Argument for Sovereignty Rights of Indigenous Peoples.Thomason Krista - 2014 - Public Reason 6 (1-2):21-34.
    Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue (...)
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  3.  68
    Too Liberal for Global Governance? International Legal Human Rights System and Indigenous Peoples’ Right to Self-Determination.Ranjoo Seodu Herr - 2017 - Journal of International Political Theory 13 (2):196-214.
    This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in (...)
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  4. Relentless Assimilationist Indigenous Policy: From Invasion of Group Rights to Genocide in Mercy’s Clothing.Lantz Fleming Miller - 2016 - Indigenous Policy Journal (3).
    Despite the United Nations Declaration of the Rights of Indigenous Peoples, assimilationist policies continue, whether official or effective. Such policies affect more than the right to group choice. The concern is whether indeed genocide or “only” ethnocide (or culturecide)—the elimination of a traditional culture—is at work. Discussions of the distinction between the two terms have been inconsistent enough that at least one commentator has declared that they cannot be used in analytical contexts. While these terms, I contend, have (...)
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  5. Moral Grounds for Indigenous Hunting Rights.Makoto Usami - 2016 - Philosophy of Law in the Arctic.
    It is crucial for indigenous people living in the Arctic to harvest animals by hunting in a traditional manner, as is the case with such peoples in other parts of the world. Given the nutritional, economic, and cultural importance of hunting for aboriginal people, it seems reasonable to say that they have the moral right to hunt animals. On the other hand, non-aboriginal people are occasionally prohibited from hunting a particular species of animal in many societies. The question then (...)
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  6.  23
    Autonomy of Nations and Indigenous Peoples and the Environmental Release of Genetically Engineered Animals with Gene Drives.Zahra Meghani - 2019 - Global Policy 10 (4):554-568.
    This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release of (...)
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  7. Who Owns It? Three Arguments for Land Claims in Latin America.Christian Barry & Gerhard Øverland - 2017 - Revista de Ciencia Politica 37 (3):713-736.
    Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent (...)
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  8. Cross-Border Feminism: Shifting the Terms of Debate for Us and European Feminists.Shari Stone-Mediatore - 2009 - Journal of Global Ethics 5 (1):57 – 71.
    Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. (...)
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  9. New Frontiers in the Philosophy of Intellectual Property.Annabelle Lever - 2012 - Cambridge University Press.
    The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...)
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  10.  76
    Decolonising Science in Canada: A Work in Progress.Jeff Kochan - 2018 - Social Epistemology Review and Reply Collective 7 (11):42-47.
    This paper briefly highlights a small part of the work being done by Indigenous groups in Canada to integrate science into their ways of knowing and living with nature. Special attention is given to a recent attempt by Mi'kmaw educators in Unama'ki (Cape Breton, Nova Scotia) to overcome suspicion of science among their youth by establishing an 'Integrative Science' (Toqwa'tu'kl Kjijitaqnn, or 'bringing our knowledges together') degree programme at Cape Breton University. The goal was to combine Indigenous and (...)
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  11.  96
    Declaración de las Naciones Unidas sobre los derechos de los pueblos indígenas: una herramienta para combatir las desigualdades entre pueblos indígenas y la sociedad globalizada.Arnold Groh - 2018 - Revista Latinoamericana de Derechos Humanos 2 (29):15-38.
    En 2007, la Declaración sobre los Derechos de los Pueblos Indígenas fue adoptada por la Asamblea General con la mayoría de los estados miembros de las Naciones Unidas. La declaración tiene relevancia para cualquiera que esté al mando o en contacto con los pueblos indígenas. Un efecto central de la dominancia de la cultura globalizada sobre culturas indígenas es la asimetría de la percepción e influencia mutua. Debido a los efectos de la presión social externa de la globalización los pueblos (...)
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  12. Reflections on Human Rights and Power.Pablo Gilabert - 2018 - In Adam Etinson (ed.), Human Rights: Moral or Political? Oxford: Oxford University Press. pp. 375-399.
    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 (...)
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  13. Human Rights, Human Dignity, and Power.Pablo Gilabert - 2015 - In Rowan Cruft, Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford University Press. pp. 196-213.
    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. (...)
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  14.  49
    From Rights to Prerogatives.Daniel Muñoz - forthcoming - Philosophy and Phenomenological Research.
    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.
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  15. Tom Regan on Kind Arguments Against Animal Rights and for Human Rights.Nathan Nobis - 2016 - In Mylan Engel Jr & Gary Comstock (eds.), The Moral Rights of Animals. Lexington Books. pp. 65-80.
    Tom Regan argues that human beings and some non-human animals have moral rights because they are “subjects of lives,” that is, roughly, conscious, sentient beings with an experiential welfare. A prominent critic, Carl Cohen, objects: he argues that only moral agents have rights and so animals, since they are not moral agents, lack rights. An objection to Cohen’s argument is that his theory of rights seems to imply that human beings who are not moral agents have (...)
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  16.  24
    Towards a Political Philosophy of Human Rights.Annabelle Lever - 2019 - In Debra Satz & Annabelle Lever (eds.), Ideas That Matter: Justice, Democracy, Rights. New York, NY, USA: Oxford University Press.
    Is there a human right to be governed democratically – and how should we approach such an issue philosophically? These are the questions raised by Joshua Cohen’s 2006 article, ‘Is There a Human Right to Democracy?’ – a paper over which I have agonised since I saw it in draft form, many years ago. I am still uncomfortable with its central claim, that while justice demands democratic government, the proper standard for human rights is something less. But, as I (...)
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  17. Animal Rights -‘One-of-Us-Ness’: From the Greek Philosophy Towards a Modern Stance.Sanjit Chakraborty - 2018 - Philosophy and Epistemology International Journal 1 (2):1-8.
    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 to all rational beings, but I think there is no significant proclamation from their side that openly talks in favour of animal’s justice. They claim the rationality of animals but do not confer any right to human beings. The later Neo-Platonist philosopher Porphyry magnificently deciphers this idea in his writing On Abstinence from (...)
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  18. Political Conceptions of Human Rights and Corporate Responsibility.Daniel P. Corrigan - 2017 - In Reidar Maliks & Johan Karlsson Schaffer (eds.), Moral and Political Conceptions of Human Rights: Implications for Theory and Practice. Cambridge, UK: Cambridge University Press. pp. 229-257.
    Does a political conception of human rights dictate a particular view of corporate human rights obligations? The U.N. “Protect, Respect, and Remedy” Framework and Guiding Principles on Business and Human Rights hold that corporations have only a responsibility to respect human rights. Some critics have argued that corporations should be responsible for a wider range of human rights obligations, beyond merely an obligation to respect such rights. Furthermore, it has been argued that the Framework (...)
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  19. The Making and Maintenance of Human Rights in an Age of Skepticism.Abram Trosky - 2017 - Human Rights Review 18 (3):347-353.
    The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities (...)
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  20.  99
    African Values and Human Rights as Two Sides of the Same Coin: Reply to Oyowe.Thaddeus Metz - 2014 - African Human Rights Law Journal 14 (2):306-21.
    In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil (...)
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  21. What's So Good About Environmental Human Rights?: Constitutional Versus International Environmental Rights.Daniel P. Corrigan - 2017 - In Markku Oksanen and Ashley Dodsworth and Selina O'Doherty (ed.), Environmental Human Rights: A Political Theory Perspective. New York: Routledge. pp. 124-148.
    In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of such rights in both national (constitutional) courts and international human rights courts. This raises a question as to whether it is better to develop and adjudicate environmental rights at the national or international level. This article considers the case made by James May and Erin Daly in favor of developing environmental rights at the national (...)
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  22.  99
    Casteism, Social Security and Violation of Human Rights.Desh Raj Sirswal - 2012 - In Manoj Kumar (ed.), Human Rights for All. Centre for Positive Philosophy and Interdisciplinary Studies (CPPIS), Pehowa (Kurukshetra). pp. 128-131.
    The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic (...)
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  23.  80
    Beneficence, Rights and Citizenship.Garrett Cullity - 2006 - Australian Journal of Human Rights 9:85-105.
    What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should requirements of (...)
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  24. The Limits of the Rights to Free Thought and Expression.Barrett Emerick - forthcoming - Kennedy Institute of Ethics Journal.
    It is often held that people have a moral right to believe and say whatever they want. For instance, one might claim that they have a right to believe racist things as long as they keep those thoughts to themselves. Or, one might claim that they have a right to pursue any philosophical question they want as long as they do so with a civil tone. In this paper I object to those claims and argue that no one has such (...)
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  25. Schopenhauer on the Rights of Animals.Stephen Puryear - 2017 - European Journal of Philosophy 25 (2):250-269.
    I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that at least (...)
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  26. Parental Rights and Due Process.Donald C. Hubin - 1999 - The Journal of Law and Family Studies 1 (2):123-150.
    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 (...)
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  27. What Is Special About Human Rights?Christian Barry & Nicholas Southwood - 2011 - Ethics and International Affairs 25 (3):369-83.
    Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what (...)
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  28. A Defence of Moderate Communitarianism: A Place of Rights in African Moral-Political Thought.Motsamai Molefe - 2018 - Phronimon 18:181 - 203.
    This article attempts to defend Kwame Gyekye’s moderate communitarianism (MC) from the trenchant criticism that it is as defective as radical communitarianism (RC) since they both fail to take rights seriously. As part of my response, I raise two critical questions. Firstly, I question the supposition in the literature that there is such a thing as radical communitarianism. I point out that talk of radical communitarianism is tantamount to attacking a “straw-man.” Secondly, I question the efficacy of the criticism (...)
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  29. Klauzula limitacyjna a nienaruszalność praw i godności [Limitation Clause and the Inviolability of Rights and Dignity].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (2 (91)):55-77.
    The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. (...)
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  30.  80
    Does Facebook Violate Its Users’ Basic Human Rights?Alexander Sieber - 2019 - NanoEthics 13 (2):139-145.
    Society has reached a new rupture in the digital age. Traditional technologies of biopower designed around coercion no longer dominate. Psychopower has manifested, and its implementation has changed the way one understands biopolitics. This discussion note references Byung-Chul Han’s interpretation of modern psychopolitics to investigate whether basic human rights violations are committed by Facebook, Inc.’s product against its users at a psychopolitical level. This analysis finds that Facebook use can lead to international human rights violations, specifically cultural (...), social rights, rights to self-determination, political rights, and the right to health. (shrink)
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  31. Rights and Participatory Goods.Morauta James - 2002 - Oxford Journal of Legal Studies 22 (1):91-113.
    What sorts of things can individuals have rights to? In this paper I consider one influential negative claim: that individuals cannot have rights to so-called “participatory goods”. I argue that this claim is mistaken. There are two kinds of counter-examples, what I call “actualization rights” and “conditional rights”. Although the scope for individual actualization rights to participatory goods may be relatively narrow, individual conditional rights to participatory goods are both common and important: they are (...)
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  32. A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights.Corey Brettschneider - 2010 - Political Theory 38 (2):187-213.
    Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...)
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  33. Human Rights as Fundamental Conditions for a Good Life.S. Matthew Liao - 2015 - In The Right to Be Loved. Oxford University Press USA.
    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 (...)
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  34. Overlapping Ontologies and Indigenous Knowledge. From Integration to Ontological Self-­Determination.David Ludwig - 2016 - Studies in History and Philosophy of Science Part A 59:36-45.
    Current controversies about knowledge integration reflect conflicting ideas of what it means to “take Indigenous knowledge seriously”. While there is increased interest in integrating Indigenous and Western scientific knowledge in various disciplines such as anthropology and ethnobiology, integration projects are often accused of recognizing Indigenous knowledge only insofar as it is useful for Western scientists. The aim of this article is to use tools from philosophy of science to develop a model of both successful integration and integration (...)
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  35.  23
    Animal Rights and the Duty to Harm: When to Be a Harm Causing Deontologist.C. E. Abbate - forthcoming - Journal for Ethics and Moral Philosophy.
    An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can (...)
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  36. Indigenous and Scientific Kinds.David Ludwig - 2017 - British Journal for the Philosophy of Science 68 (1).
    The aim of this article is to discuss the relation between indigenous and scientific kinds on the basis of contemporary ethnobiological research. I argue that ethnobiological accounts of taxonomic convergence-divergence patters challenge common philosophical models of the relation between folk concepts and natural kinds. Furthermore, I outline a positive model of taxonomic convergence-divergence patterns that is based on Slater's [2014] notion of “stable property clusters” and Franklin-Hall's [2014] discussion of natural kinds as “categorical bottlenecks.” Finally, I argue that this (...)
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  37.  22
    A Ghost Workers' Bill of Rights: How to Establish a Fair and Safe Gig Work Platform.Julian Friedland, David Balkin & Ramiro Montealegre - 2020 - California Management Review 62 (2).
    Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...)
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  38. Authority Without Identity: Defending Advance Directives Via Posthumous Rights Over One’s Body.Govind Persad - 2019 - Journal of Medical Ethics 45 (4):249-256.
    This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can (...)
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  39. Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...)
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  40. Animal Rights: A Non‐Consequentialist Approach.Uriah Kriegel - 2013 - In K. Petrus & M. Wild (eds.), Animal Minds and Animal Ethics. Transcript.
    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 (...)
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  41. Personhood and Rights in an African Tradition.Molefe Motsamai - 2017 - Politikon:1-15.
    It is generally accepted that the normative idea of personhood is central to African moral thought, but what has not been done in the literature is to explicate its relationship to the Western idea of rights. In this article, I investigate this relationship between rights and an African normative conception of personhood. My aim, ultimately, is to give us a cursory sense why duties engendered by rights and those by the idea of personhood will tend to clash. (...)
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  42.  16
    Not the Doctor’s Business: Privacy, Personal Responsibility and Data Rights in Medical Settings.Carissa Véliz - forthcoming - Bioethics.
    This paper argues that assessing personal responsibility in healthcare settings for the allocation of medical resources would be too privacy-invasive to be morally justifiable. In addition to being an inappropriate and moralizing intrusion into the private lives of patients, it would put patients’ sensitive data at risk, making data subjects vulnerable to a variety of privacy-related harms. Even though we allow privacy-invasive investigations to take place in legal trials, the justice and healthcare systems are not analogous. The duty of doctors (...)
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  43. Beitz and the Problem with a State-Focused Approach to Human Rights.Jennifer Szende - manuscript
    Charles Beitz has presented us with a new and novel theory of human rights, one that is motivated by a concern for the enforcement of human rights in modern international practice. However, the focus on states in his human rights project generates a tension between the universal aspirations of individual human rights and the vulnerable individuals who through rendition or state failure find themselves outside the international state system. This paper argues that Beitz and other theorists (...)
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  44.  50
    Review of Rowan Cruft, S. Matthew Liao, and Massimo Renzo (Eds.), Philosophical Foundations of Human Rights[REVIEW]Robert Mark Simpson - 2019 - Journal of Moral Philosophy 16 (4):517-520.
    This is a review of a long, comprehensive, and mostly very good collection of philosophical essays on human rights. I briefly summarise the main ideas put forward in some of the essays that I most admired in the collection. While the collection includes essays from proponents of a wide range of theoretical and methodological perspectives, I suggest in my review that the collection's overall function is to serve as a kind of demonstrative rejoinder to those philosophers, like Raz, who (...)
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  45. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  46.  87
    Adverse Consequences of Article 12 of the UN Convention on the Rights of Persons with Disabilities for Persons with Mental Disabilities and an Alternative Way Forward.Matthé Scholten & Jakov Gather - forthcoming - Journal of Medical Ethics.
    It is widely accepted among medical ethicists that competence is a necessary condition for informed consent. In this view, if a patient is incompetent to make a particular treatment decision, the decision must be based on an advance directive or made by a substitute decision-maker on behalf of the patient. We call this the competence model. According to a recent report of the United Nations (UN) High Commissioner for Human Rights, article 12 of the UN Convention on the (...) of Persons with Disabilities (CRPD) presents a wholesale rejection of the competence model. The High Commissioner here adopts the interpretation of article 12 proposed by the Committee on the Rights of Persons with Disabilities. On this interpretation, CRPD article 12 renders it impermissible to deny persons with mental disabilities the right to make treatment decisions on the basis of impaired decision-making capacity and demands the replacement of all regimes of substitute decision-making by supported decision-making. In this paper, we explicate six adverse consequences of CRPD article 12 for persons with mental disabilities and propose an alternative way forward. The proposed model combines the strengths of the competence model and supported decision-making. (shrink)
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  47. Empowerment of Indigenous Women and Social Exclusion in Combating Poverty in the State of Veracruz Mexico.Carlos Medel-Ramírez, Hilario Medel-López & Juan Ruiz-Ramírez - 2017 - International Journal of Advanced Research 5 (2): 2091-2106.
    In Mexico, the Productive Organization Program for Indigenous Women (POPMI) seeks the empowerment of productive capacities in indigenous women. Our study analyzes POPMI outreach, focusing our attention on women beneficiaries who present a high degree of social exclusion and multidimensional poverty in the State of Veracruz. In the study area, the 542 indigenous women benefited in POPMI, presented a condition of multidimensional poverty and a degree of social exclusion: very high, high and medium, they represent only 22.19% (...)
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  48. Human Rights, Claimability and the Uses of Abstraction.Adam Etinson - 2013 - Utilitas 25 (4):463-486.
    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 (...)
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  49. Standard Threats: How to Violate Basic Human Rights.Anthony R. Reeves - 2015 - Social Theory and Practice 41 (3):403-434.
    The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, (...)
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  50. The Claims and Duties of Socioeconomic Human Rights.Stephanie Collins - 2016 - Philosophical Quarterly 66 (265):701-722.
    A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these (...) and their correlative duties, while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)
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