This article is the preface to a completed book manuscript, United Nations Human Rights Ethics. Based on the indivisibility of human rights, the Four Freedoms Speech, and the Preamble of the Universal Declaration, the book takes freedom of expression as the one human right. Other rights are modes of this one. For example, one exercises freedom of expression (speech) by exercising the right to life, access to courts, etc.. The book argues that human rights are primarily (...) an ethical concept (introduced by Rousseau) rather than a concept of international law. (shrink)

This paper analyses the National Populist Challenges to Europe’s Center Right. It assesses the cases of the UK, Germany and France. It poses three questions for Europe: How will political integration be achieved and maintained? What policies will foster economic inclusion in the Eurozone? And, third, what are the best means to achieve economic solvency and growth. The paper make a case that neoliberal economic policies over the past decades have undermined some nations' public sector and have also contributed (...) to tensions between the geographical east and west of Europe. (shrink)

It deals with the issue of the CAA and NRC in India.

Abstract: For the last two decades, land and land-related problems are more complicated ever before. Especially the proliferation of large-scale rural land investments and the vulnerability of the local communities in land abundant developing countries instigated researchers, human right activists, and international and regional organizations to proposed governance guidelines, principles, and codes of conduct for large-scale land investments. To identify policy flaws on the protection of local community rights under the governance process of large-scale rural land investment in Amhara (...) National Regional State Ethiopia the commonalities of those international and regional accepted governance guiding lines and principles are taken as a point of reference to examine the land governance policies of the region through the approach of document analysis. The result shows all legislation with regard to the governance of large-scale rural land investment is flawed throughout the land policy reform processes and identified five ways in which the de jure land-related rights of the local communities are compromised and exacerbated the vulnerability of their livelihoods. (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)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to (...) both distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

The recent resurgence of extreme-right movements and the nationalist turn of many governments across the world have reignited the relevance of discussions within educational philosophy about the teaching of national identity in schools. However, the conceptualisation of national identity in previous iterations of these debates have been largely Western and Eurocentric, making the past theoretical literature about these questions less relevant for post-colonial settings. In this paper, I imagine a new approach for teaching national identity in post-colonial (...) contexts, founded on postcolonial conceptions of identity and in particular, the concept of hybridity. I first develop a postcolonial account of national identity by drawing on Homi Bhabha’s thinking about cultural identity, drawing on his concepts of liminality, splitting, and ambivalence. Then, building on Bhabha's notion of hybridity, I propose a distinction between national identity portrayals as either fixed or malleable. Finally, I demonstrate the implications of such a conceptual distinction on the way that national identity is taught in post-colonial schools; by way of an example, I envision a concrete approach to teaching national identity that views national identity as malleable rather than fixed, set in a hypothetical postcolonial school in the Philippines. By beginning from postcolonial assumptions about national identity, I hope to indicate new directions that the debates about the teaching of national identity in schools might proceed. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of (...) its multivalence, the concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights are (...) based on equality and individual independence. Freedom, life, and property are the three basic pillars of Locke's theory. However, many international charters that defend human rights also in some way protect personal freedom, life, and property of individuals around the world. One of the international agreements is the Convention on the Rights of the Child in the United Nations, which defends the freedom and security of children worldwide and guarantees their basic rights. In this convention, natural rights patterns, especially those of Locke, can be seen, and he is also considered the spiritual father of human rights and one of the sources of modern human rights, the foundations of natural rights. Therefore, the main purpose of this paper is to examine the foundations of natural rights in the Convention on the Rights of the Child and compare them with the foundations of John Locke. (shrink)

This paper provide the first extended discussion in the philosophical literature of the epistemic significance of the phenomenon of “being known” and the relationship it has to reparations that are distinctively epistemic. Drawing on a framework provided by the United Nations of the “right to know,” it is argued that victims of gross violations and injustices not only have the right to know what happened, but also the right to be known—to be a giver of knowledge to others about their (...) own experiences. It is shown that such victims can suffer epistemic wrongs by being rendered invisible, vilified or demonized, or systematically distorted, and that these ways of not being known demand epistemic reparations. While there are traditional reparations that are epistemic in nature, such as memorialization and education, it is argued that there is a prior and arguably more important epistemic reparation—knowing victims of gross violations and injustices in the sense of bearing witness. The paper concludes with a sketch of an epistemological picture to underwrite this notion of epistemic reparations, one that significantly expands the traditional picture by including epistemic duties that are imperfect in nature and concern actions in addition to beliefs. (shrink)

The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations’ Declaration of Human Rights developed with little (...) or no consultation from non-Western nations such as India. In response, there has developed an extensive literature and cross-cultural analysis of human rights in the areas of African, East-Asian, and Islamic studies, yet there is a comparative dearth of conceptual research relating to India. As problematically, there is an lacuna in the previous literature; it simply stops short at analyzing how Western understandings of human rights may be supported from within various non-Western cultural self-understandings; yet, surely, there is more to this issue. The chapters in this collection pioneer a distinct approach that takes such deliberation to a further level by examining what it is that the West itself may have to learn from various Indian articulations of human rights as well. (shrink)

I develop a contractualist theory of just intelligence collection based on the collective moral responsibility to deliver security to a community and use the theory to justify certain kinds of signals interception. I also consider the rights of various intelligence targets like intelligence officers, service personnel, government employees, militants, and family members of all of these groups in order to consider how targets' waivers or forfeitures might create the moral space for just surveillance. Even people who are not doing (...) anything prejudicial to other states' security can be modeled as ceding rights against diagnostic collection--light touch collection limited to ascertaining if someone is likely an intelligence threat--as part of their duty to support just foreign institutions. Foreign intelligence officers could not perform the same job potential targets can reasonably demand their intelligence agencies perform on their behalf without this ceding of rights. More invasive forms of collection can only be justified if officers can reasonably model their citizens consenting to being the target of the same sort of collection by adversary states. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this (...) paper, I examine the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps (...) in the argument and then consider whether they lead to the desired conclusion. My examination reveals that the identity argument relies on the Optimal Protection Principle; however, this principle does not apply to the case of a national community. As a result, the identity argument fails to justify even a prima facie right of a national community to establish its own state. (shrink)

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 such (...) organisms. To address those challenges, it is proposed that nations considering the environmental release of GE animals must take into account the underlying circumstances and policy failures that motivate arguments for the use of the modified animals. Moreover, countries must recognize that the UN International Covenant on Civil and Political Rights and the UN International Covenant on Economic, Social and Cultural Rights place on them an obligation to ensure that GE animals with patented heritable traits are not released without the substantive consent of the nations or indigenous peoples that could be affected. (shrink)

This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human rights by (...) the international law profession to the exclusion of moral philosophy, despite the origin of "human rights" in the moral philosopher Rousseau. It blames the inability of moral philosophers to reach a professional consensus on the elements of normative ethics, not the legal profession. It laments both the failure of human rights education to human beings everywhere as requested by the Universal Declaration and the decline in popular support for human rights in favor of nationalism in current history since 2015. It advocates a way of redirecting human right education to people on the ground rather than mainly to law students. Such education has been overtaken by the Rule of Law movement fighting high crimes crimes against humanity unanticipated by the Universal Declaration. It argues for a way for ethicists to get on the same page in teaching elements in ethics and argues forcefully for a positive method for popular human rights education as well as for human rights-based elementary ethical theory. (shrink)

There is wide agreement that children have human rights, and that their human rights differ from those of adults. What explains this difference which is, at least at first glance, puzzling, given that human rights are meant to be universal? The puzzle can be dispelled by identifying what unites children’s and adults’ rights as human rights. Here I seek to answer the question of children’s human rights – that is, rights they have merely (...) in virtue of being human and of being children – by exploring how children’s interests are different from adults’, and how respect for children’s and adults’ moral status yields different practical requirements. If human rights protect interests, then children have many, but not all, of the human rights of adults, and, in addition, have some human rights that adults lack. I discuss the way in which children’s human rights, as I conceive of them here are, or fail to be, reflected in the law; as an illustration, I use the most important legal document listing children’s rights, namely the 1990 United Nations Convention on the Rights of the Child. (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)

While in this paper I focus on adoptees, my argument is applicable to donor-conceived children and children of misattributed paternity. I address some of the noted risks of closed adopted and the benefits of open adoption, which is more in keeping with Article 7 of the United Nations Convention on the Rights of the Child (CRC), which provides all children with a right to know about their genetic parents and which the Australian government ratified in 1980.

Most philosophers writing on the ethics of war endorse “reductivist individualism,” a view that holds both that killing in war is subject to the very same principles of ordinary morality ; and that morality concerns individuals and their rights, and does not treat collectives as having any special status. I argue that this commitment to individualism poses problems for this view in the case of national defense. More specifically, I argue that the main strategies for defending individualist approaches (...) to national defense either fail by their own lights or yield deeply counterintuitive implications. I then offer the foundations for a collectivist approach. I argue that such an approach must do justice to the collective goods that properly constituted states make possible and protect through certain acts of defensive war; and that any such picture of national defense must make room for some form of national partiality. (shrink)

At first glance, the imperative to treat all human beings according to equal norms and principles appears indisputable, with any deviation seen as an ethical transgression. The rational perspective dictates a uniform consideration of all individuals unless differential treatment is warranted by valid reasons, avoiding harm. Deviations from equal treatment are typically viewed as exceptions, and ethical frameworks acknowledging groundless differences between individuals seem unjustified. This poses a significant challenge to defending nationalism, which presupposes prioritizing compatriots over others. This dilemma (...) engenders two opposing camps: universalism and particularism. Universalism argues that only general facts about others should determine one's duties towards them, while particularism contends that interpersonal relations play a crucial role in defining rights and duties. From the universalist standpoint, particularism is suspect, as it appears non-impartial and favors specific groups. In response, a particularist might argue that the virtue of impartiality is context-dependent, requiring unbiased behavior in specific situations. Thus, the particularist does not view universalism as indispensable to impartiality (Miller, 1997, 53-4). This abstract explores the ethical complexities surrounding these perspectives, particularly when faced with the nuances of nationalism. (shrink)

In this paper I attempt to unpack the current public debate on racial transformation in South African sport, particularly with regard to the demographic make-up of its national cricket and rugby sides. I ask whether the alleged moral imperative to undertake such transformation is, in fact, a moral imperative at all. I discuss five possible such imperatives: the need to compensate non-white South Africans for the injustices in sport’s racist history, the imperative to return the make-up of our (...) class='Hi'>national sides to what they would have been in the absence of that history, the requirement that national sides be representative of the country, the need to eliminate ongoing racial bias in selection, and the obligation to provide all South Africans, regardless of their race, the opportunity to compete as equals for places in the national side. I argue that the first three, drawn from talk of “rectifying the injustices of the past,” “achieving demographic proportionality between the sides and the country,” “representivity,” and “transformation” itself, are not compelling. The remaining two are of great moral import, but that the sorts of phrases just mentioned, and which are frequently used in the debate, have little to do with those genuine moral requirements. (shrink)

This chapter examines: (1) the Black Notebooks in the context of Heidegger's political engagement on behalf of the National Socialist regime and his ambivalence toward some but not all of its political beliefs and tactics; (2) his limited "critique" of vulgar National Socialism and its biologically based racism for the sake of his own ethnocentric vision of the historical uniqueness of the German people and Germany's central role in Europe as a contested site situated between West and East, (...) technological modernity and the Asiatic. Heidegger did not break with radical right-wing Germanist thought, as some scholars have argued. He at most placed National Socialism within his narrative of the history of being, metaphysics, and technology, and thereby relativized it without addressing either its uniqueness or its totalitarian structures and practices. Heidegger formulated his own metaphysical and ontological version of Antisemitism during the National Socialist period. This vision was deeply connected with his understanding of the "history of being" and was intensified during and immediately after the Second World War. Heidegger could perceive no difference between the Shoah and the Allied bombing, defeat, and occupation of Germany. Heidegger's post-war philosophy (of home, history and technology) is deeply shaped by, and remained complicit with, his thinking during this period. (shrink)

A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children and legal implications, the authors (...) advance a trauma-informed approach to human rights. The approach considers the experiences of trauma associated with physical abuse, sexual abuse, neglect, psychological/emotional abuse, community violence, natural disasters, serious accidents, parental death/grief, medical procedures and conditions, and terrorism. In the case of violations including rape and torture, the paper Torture by means of Rape concerns the psychological suffering of victims of rape, abuse, and torture in light of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As for the jurisprudence of international human rights bodies, the advancement of a psychology-informed view of human rights is noticeable. Take the example of the Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment on Biopsychosocial factors conducive to torture and ill-treatment. The Report explores the root causes of the current worldwide complacency concerning torture and ill-treatment and recommends the urgent and proactive incorporation of science-based conclusions into ongoing, policy-based global governance reform processes. Further, the report provides that the root cause of the systemic governance failure is attributed to the generic biopsychosocial factors that have shaped human decision-making throughout history, irrespective of national, cultural, religious, or other distinctive influences. Since the two fields are creating a landscape of new concepts and perspectives, one may study this interface broadly under three headings; (a) Psychology in Human Rights. (b) Rights-Based Approach to Psychological Science and Research. (c) Psychology and Human Rights in Law and Policy. (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)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of these rights in both national (constitutional) courts and international human rights courts. These parallel trends raise 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 constitutional level and adjudicating these rights in domestic courts. I consider the limitations of this case by showing that international environmental human rights can play a role that systematically benefits environmental protection, with adjudication in international human rights courts a key part of that process. This involves drawing on an argument offered by Allen Buchanan to justify a system of international legal human rights, which appeals to a number of benefits that such a system can provide. The argument is developed and applied to adjudication of environmental human rights in international human rights courts. First, it is shown how these benefits are realized in the area of environmental human rights. Second, it is shown how adjudication can enhance these benefits, both by providing a mechanism for their realization and by facilitating a mutually supportive relationship among them. On the basis of these enhanced benefits and the value that they add, it is concluded that there is strong justification for developing and adjudicating environmental human rights at the international level. (shrink)

This paper argues that the relevant unit of analysis for assessing the justice of an immigration policy is the socially-situated individual (as opposed to the individual simpliciter or the nation-state, for example). This methodological principle is demonstrated indirectly by showing how some liberal, cosmopolitan defenses of "open borders" and the alleged right of immigration fail by their own standards, owing to the implicit adoption of an inappropriate unit of analysis.

In “Immigration, Jurisdiction and Exclusion”, Michael Blake develops a new line of argument to defend a state’s presumptive right to exclude would-be immigrants. His account grounds this right on the state as a legal community that must protect and fulfill human rights. Although Blake’s present argument is valid and attractive in being less arbitrary than national membership and in distinguishing different types of immigrants’ claims, I dismiss it for being unsound due to a lack of further elaboration. The (...) reason for my rejection is that there is a fundamental problem with the third premise as it stands now. Therefore, I contend that Blake’s argument cannot justify a general exclusion of well-protected would-be immigrants. However, in the final part, I will try to defend a modified version of Blake’s argument from imposed obligations by contending that a state has a presumptive right to exclude if the human rights obligations that are imposed on its residents go beyond a viable threshold. (shrink)

Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision (...) of public goods, however, are sufficient to justify such rights violations and this form of conscription, and it calls into question the suitability of current international legal protections for the non-uniformed. (shrink)

Lesbian organizations have frequently cited the concept of a Lesbian Nation as an ideal community where women could be freed from the oppression of relationships with men. The term was used in speeches made by lesbian activists beginning in the 1970s. However, lesbian militant activities have increasingly merged with the overall gay civil rights movement, so that most activists have preferred to use the term Queer Nation to refer to the movement in general.

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of (...) the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood as involving a right of unilateral secession, it cannot be attributed to national groups across the board. It arises only in specific historical circumstances, usually involving oppression or other forms of grave injustice. (shrink)

Recent analyses have critically evaluated the connection of abstract rights with territorial nation-states. This article extends those findings by analyzing the way discourses of rights (human, political, national) are interconnected. It is argued that the system of relations that rights establish between their norms and concrete sociopolitical practices allows rights to function as overall machinery, one that both produces and governs subjects. From this perspective, this article establishes that: (a) since rights depend for their (...) legal guarantee on the power of nation-states, they are a normative standard which coincides with the political power of a nation-state; (b) since rights require a certain ethic from subjects in order that their exercise of rights be legally protectable, they govern subjects through inclusion, that is, by structuring fields of action in order that a certain “proper” conduct may take place; (c) since the nation-state framework with which rights are connected operates in a postcolonial order, the functioning of rights is also connected with the discursive dynamics of postcoloniality. The empirical focus of the discussion is on Pakistan. The first section focuses on the use of human rights’ discourse in order to counter drone attacks in Pakistan’s tribal belt. The conundrums that human rights in this context generate are then filled in by acknowledging “rights” of a state (i.e. political sovereignty and territorial integrity), which is the focus of second section. The third section comments on the way national and political rights correspond to the notions of “citizenship” and “belongingness,” which in turn shapes the conduct of subjects in a contextually apt manner. (shrink)

ABSTRACT: BACKGROUND: The governments and citizens of the developed nations are increasingly called upon to contribute financially to health initiatives outside their borders. Although international development assistance for health has grown rapidly over the last two decades, austerity measures related to the 2008 and 2011 global financial crises may impact negatively on aid expenditures. The competition between national priorities and foreign aid commitments raises important ethical questions for donor nations. This paper aims to foster individual reflection and public debate (...) on donor responsibilities for global health. METHODS: We undertook a critical review of contemporary accounts of justice. We selected theories that: (i) articulate important and widely held moral intuitions; (ii) have had extensive impact on debates about global justice; (iii) represent diverse approaches to moral reasoning; and (iv) present distinct stances on the normative importance of national borders. Due to space limitations we limit the discussion to four frameworks. RESULTS: Consequentialist, relational, human rights, and social contract approaches were considered. Responsibilities to provide international assistance were seen as significant by all four theories and place limits on the scope of acceptable national autonomy. Among the range of potential aid foci, interventions for health enjoyed consistent prominence. The four theories concur that there are important ethical responsibilities to support initiatives to improve the health of the worst off worldwide, but offer different rationales for intervention and suggest different implicit limits on responsibilities. CONCLUSIONS: Despite significant theoretical disagreements, four influential accounts of justice offer important reasons to support many current initiatives to promote global health. Ethical argumentation can complement pragmatic reasons to support global health interventions and provide an important foundation to strengthen collective action. (shrink)

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 (...) class='Hi'>Rights 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)

The extent of confusion between symbols and that which is symbolised is examined across five institutional spheres. Religion is the institution most marked by confusion of this type; indeed in some respects the symbolic mes- sage of religion may be the extent of the substantive reality. On the other hand, the very existence of the nation state may be judged to depend upon the exercise of the human imagination; hence providing a source of instability which may lead to the excesses (...) of nationalism. In regard to social status, the main problematical element is a certain circularity: it is necessary to get peo- ple to exhibit differences in behaviour which are then used to justify or con- stitute the status differences themselves. In politics, the symbolism of left and right threatens to strangle creative thinking, while in education the tendency on all sides to orient towards public systems of measurement and grading undermines the claim that what is really important is pupil and student learn- ing. A social cost is being paid for the failure to recognise and, where possible, address the issues identified. (shrink)

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 (...) and social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses from (...) supporters of national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (shrink)

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role (...) in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. (shrink)

This Study has covered Post Graduate Students of four University of Gujarat State including Sardar Patel University, M. S. University, Gujarat University and DDIT University. The data collected from 400 P G Students 100 students from each university for the study under the research design of descriptive cum exploratory in nature. The Questionnaire is used for this research consists of 50 Questions. As a Consideration of that the youth or students are the future for any nation so level of understanding (...) of youth about human rights is very important to know. If human rights knowledge is not up to mark among youth or students, it's a serious issue for the youth and nation as well. As a Social Worker, to maintain equality, non discrimination, protection and development is a mission. So, Human Rights is a one of the best weapon to all social worker to achieve main goals as mentioned before. Mehul Rabari | Dr. S. D. Mishra "Youth and Human Rights - A Research Study among University Student" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-1 | Issue-1 , December 2016, . (shrink)

A collection of articles on the the principles of social justice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (Sam Gregg), The right to freedom (...) of expression (Damian Grace), The right to choose and freely maintain a state of life, married or single, lay or religious (Marita Winters), The right to education (Anthony Cleary), The right to petition government for the redress of grievances (Paul Russell), The right to a nationality (Andrew Hamilton), The right to have access to the means of livelihood, by migration when necessary (Brenda Hubber), The right of association and peaceful assembly (Michael Hogan), The right to work and choose one's occupation (Ian Blandthorn), The right to personal ownership, use and disposal of property subject to the right of others (Brian Coman), The right to a living wage (Garrick Small), The right to collective bargaining (Keith Harvey), The right to associate by industries and professions to obtain economic justice (Henrik Jurisevic), The right to assistance from society, if necessary from the State, in distress of persons and family (Catherine Althaus), Afterword (James Franklin). (shrink)

Both Kymlicka and Patten argue that the equal treatment of different national groups require that the state officially recognize the right of each to create its own autonomous government. After carefully examining their arguments, I show that they both make the false assumption that, in a multinational state, the state belongs only to the majority group but not the minority, and that a multination state can never treat minority groups equally. Both claims are inherently anti-pluralistic. Thus, the equal treatment (...) of different national cultures does not require that each be granted the right to self-government. (shrink)

This paper critically engages Philip Mirowki's essay, "The scientific dimensions of social knowledge and their distant echoes in 20th-century American philosophy of science." It argues that although the cold war context of anti-democratic elitism best suited for making decisions about engaging in nuclear war may seem to be politically and ideologically motivated, in fact we need to carefully consider the arguments underlying the new rational choice based political philosophies of the post-WWII era typified by Arrow's impossibility theorem. A distrust of (...) democratic decision-making principles may be developed by social scientists whose leanings may be toward the left or right side of the spectrum of political practices. (shrink)

Sport continues to be one of the primary means through which notions of Englishness and Britishness are constructed, contested, and resisted. The legacy of the role of sport in the colonial project of the British Empire, combined with more recent connections between sport and far right fascist/nationalist politics, has made the association between Britishness, Englishness, and ethnic identity(ies) particularly intriguing. In this paper, these intersections are explored through British media coverage of the Canadian‐born, British tennis player, Greg Rusedski. This coverage (...) is examined through the lens of ‘performativity,’ as articulated by Judith Butler. Through a critical application of Butler's ideas, the ways in which the media seek to recognise and normalise certain identities, while problematising and excluding others, can be more fully appreciated. Thus, it was within newspaper framings of Rusedski that hegemonic notions of White Englishness could be performed, maintained, and embedded. (shrink)

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 distinct (...) senses, yet in cases of governmental and other institutional assimilationist policy for indigenous peoples, such ethnocide effectively entails genocide. Insofar as any people’s cultural practices and beliefs are essential for life and health, individuals in groups value, if tacitly, their culture as highly as their language or any artifact: Thus, attempts to eradicate a culture through assimilation in fact eradicate individuals’ lives and health and so are effectively murderous. Acknowledgement by worldwide organizations that assimilationist ethnocide is effectively genocide should affect policy concerning indigenous peoples and thus has significance for international law. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of (...) persons "outside their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

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. Due to an international pattern which does not provide application of the limitation clause to the right to life protection, despite the recognition — at the level of a constitutional standard — of applicability of the clause of Article 31 para. 3 to Article 38, and to protection of life in general, this will be made impossible at any attempt to formulate a statutory standard. He also points out the defectiveness of the reasoning leading to acceptance of certain limitations of a particular value (e.g. life) on the basis of the ex definitione exemptions existing in the international standard to the assumption of applicability of the limitation clause when shaping statutory standards in the Polish legal system. The discussed issues are related to the question of interpretation of the inviolability of human rights. This term takes different meaning in the context of: 1) inviolability of all human rights understood in abstracto as normative structures of a general and abstract nature; 2) right protecting certain values with no exception; 3) rights to which an application of the limitation clause is forbidden; 4) rights not subject to derogation; 5) inviolability of understood in concreto, as that is (here and now) due to the subject of dignity; 6) inviolable essence of freedoms and rights. One should also clearly distinguish between (7) the descriptive and (8) the normative meaning of inviolability. -/- Punktem wyjścia jest analiza argumentacji na rzecz tezy o stosowalności do prawa do ochrony życia (art. 38 Konstytucji RP), klauzuli limitacyjnej określającej warunki ograniczania konstytucyjnych wolności i praw (art. 31 ust. 3). Mimo niemal powszechnej akceptacji tej tezy, nie wytrzymuje ona krytyki opartej na pierwszeństwie, które w polskim porządku prawnym mają zobowiązania traktowe dotyczące praw człowieka, wobec regulacji ustawowych. Ze względu na wzorzec międzynarodowy, który nie przewiduje stosowania klasycznej klauzuli limitacyjnej do prawa do życia, mimo uznania - na poziomie standardu konstytucyjnego - stosowalności klauzuli z art. 31 ust. 3 do art. 38 i ochrony życia w ogóle, stosowalność tej klauzuli będzie uniemożliwiona przy każdej próbie formułowania standardu ustawowego. Autor zwraca uwagę na wadliwość wnioskowania prowadzącego od uznania dopuszczalności pewnych ograniczeń ochrony jakiejś wartości (np. życia) na podstawie wyjątków ex definitione obecnych w standardzie międzynarodowym, do tezy o stosowalności klauzuli limitacyjnej przy kształtowaniu standardu ustawowego w polskim systemie prawnym. (shrink)

The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note argues that personhood is a cluster concept with distinct components: the biological concept of the (...) human being, the notion of a rational agent, and unity of consciousness. Use of these component concepts (in lieu of the concept of the person) in legal reasoning would promote greater systematicity and coherence. (shrink)

Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights (...) from technology-based harms. This paper covers a few conceptual and institutional considerations highlighted in seminal works from scholars and international human rights institutions. To name a few; (1) technology and discriminatory challenges (2) design and use of technology (3) digital divide amongst countries (4) duty of actors, (5) neoliberal technologies, (6) the use of prohibitions and remedies, and (7) the emergence of new human rights. Much of the advocacy and rights-based interventions around the globe are attentive to technology’s challenges to human rights. The abovementioned considerations define the core of the international normative framework, which is often advanced to protect human rights from technology-based harms. (shrink)

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered whether (...) an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)