In the European Union, the General Data Protection Regulation (GDPR) provides comprehensive rules for the processing of personal data. In addition, the EU lawmaker intends to adopt specific rules to protect confidentiality of communications, in a separate ePrivacy Regulation. Some have argued that there is no need for such additional rules for communications confidentiality. This Article discusses the protection of the right to confidentiality of communications in Europe. We look at the right’s origins to assess the rationale for (...) protecting it. We also analyze how the right is currently protected under the European Convention on Human Rights and under EU law. We show that at its core the right to communications confidentiality protects three individual and collective values: privacy, freedom of expression, and trust in communication services. The right aims to ensure that individuals and organizations can safely entrust communication to service providers. Initially, the right protected only postal letters, but it has gradually developed into a strong safeguard for the protection of confidentiality of communications, regardless of the technology used. Hence, the right does not merely serve individual privacy interests, but also other more collective interests that are crucial for the functioning of our information society. We conclude that separate EU rules to protect communications confidentiality, next to the GDPR, are justified and necessary. (shrink)

For the purposes of this article, the right to confidentiality of communications between a lawyer and a client (legal professional privilege) is analysed and understood as a rule under which, in judicial or administrative proceedings, the content of communications between a lawyer and his client shall not be disclosed; if this rule is breached, the content of the communications in question is not treated as evidence in the process. Legal professional privilege is related to several articles of the Convention (...) for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights has found that the violation of the right of an accused to communicate with a lawyer without a third party departs from Article 6(3)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms which entitles to defend oneself in person or through a legal assistant. This kind of communication also relates to the Article 8 of the Convention, which provides a right to respect for private and family life, home and correspondence. In the opinion of the European Court of Human Rights, according to the Convention for the Protection of Human Rights and Fundamental Freedoms there is no difference if a lawyer representing a client is a practitioner or not. However, when dealing with the violations of EU competition law, the Court of Justice of the European Union acknowledges the protection of legal professional privilege only with regard to the communications between an accused companies and an independent lawyer (who does not work for his client on an employment contract basis). When the protection of legal professional privilege is not granted for communications of the accused company with its own legal personnel, a question may arise whether it is considered that sufficient level of confidentiality is ensured for these companies. (shrink)

Abstract Bentham favored a free press as an instrument of public control of the state, in the interest of the general happiness. Kant favored free public discussion as an instrument for the development and expression of autonomous rationality. But a free press embodied in the property rights of the owners of the press may well fail to achieve either Benthamite or Kantian goals. Such goals lead to a personal right to communicate rather than to a corporate right (...) to press freedom. (shrink)

The objective of this article was to gain insight into the community health practices of the Awá-Camawari indigenous people of the Vegas Chagüi Chimbuza reservation, situated within the Ricaurte municipality of the Nariño Department. The methodology was qualitative, with a review of the literature supported by the hermeneutical historical approach. Interviews were conducted with 16 informants and two petition rights holders. The findings indicate that there has been minimal progress in the community-differential health model. There are shortcomings in public health (...) policies for indigenous peoples, which have weaknesses and intermittencies that hinder changes. The practices are based on traditional medicine. In conclusion, there are routes that can be taken to guarantee the right to community health, with alliances and strategies that can be used to build collective interest plans that overcome the status quo. (shrink)

The global pandemic caused by the novel coronavirus has disrupted many sectors of normal life, including the communal worship of religious bodies. This essay first looks at the recent case of the Minnesota Catholic bishops and the Governor of Minnesota which came close to civil disobedience. Then the essay will consider the thought of John Courtney Murray on when it is legitimate for the coercive powers of the state to be used to limit religious freedom, including the right to (...) worship. Finally, those standards are applied to the Minnesota case, arguing that the initial actions of the Governor failed to meet Murray’s test, while the revised executive order succeeded in meeting Murray’s standards. (shrink)

This paper examines the position of international human rights law towards missionary or proselytizing activities with a special focus on the American context. By evaluating UN legal acts such as the 1948 Universal Declaration of Human Rights, the 1960 Arcot Krishnaswami Study and the 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief and the American Convention of Human Rights, it investigates the extent to which such activities fall within the scope of (...) the right to free speech and to freedom of religion for religious organizations. This is exemplified by looking at two Evangelical religious organizations founded for the purpose of luring away groups of believers from their original religious communities: “Mission to Amish People”, targeting the Amish People, and “Jews for Jesus”, aimed at the Jewish community. The clash of one religious community which considers mission a fundamental element of its religion with a religious community who is highly skeptical about mission constitute the extreme test case of the right to free speech and to corporate freedom of religion. Given the highly various importance which mission can play in different religions, the article suggests to solve each case individually by carefully examining the content of each religious doctrine. (shrink)

For the last several decades, ensuring human rights and national security have remained an important goal and a condition for existence of every state. The interests of national security often presuppose the need to narrow some natural rights, such as, for example, the right to privacy, the right to secrecy of communication, etc. Traditional concept of security is related to ensuring national security. According to the traditional concept of security, the state is considered the main object of security; (...) therefore, the states mainly focus on external threats. It is stated that the most important thing is to protect the state from external aggression, ensure protection of state borders and institutions. Protection of human rights is ensured simultaneously. It is, however, observed that a secure state does not necessarily mean that the citizens of the state are secure. Security of a person is under threat due to limitations imposed on human rights while seeking to ensure national security. (shrink)

Influential moral theories in the contemporary West face problems making sense of the conflict between the interests of animals and people’s interests in culture. They have trouble explaining either the existence of strong direct duties to animals or the importance of people’s right to culture (and frequently both). In this chapter I aim to advance a relational ethic, grounded on the African philosophical tradition, that offers a promising alternative. I contend that duties toward animals and rights to culture are (...) potentially conflicting normative branches springing from the common root of a demand to prize communal relationship. In addition to showing that communion makes good sense of the strength of some direct duties to animals and the moral significance of culture, I argue that it accounts well for how to understand the way in which they can clash and how to address it practically. (shrink)

The ethics of dissent is developed in this book through a new interpretation of the German philosopher Jrgen Habermas' communicative ethics and his political ...

This chapter sides with those who believe that a right to stay should be counted among fundamental human rights. However, it also acknowledges that there are good reasons for objecting to the most popular justifications of the right to stay, which are based on the assumption that people have valuable ties to their community of residence and that people’s life plans are located where they live. In response to these qualms, this chapter argues that the best way to (...) make sense of the right to stay is to conceive it as belonging to the category of “control rights”; these are the rights that protect people’s control over their own bodies and personal space, which is an essential condition for personhood and human dignity. This account of the right to stay can overcome the most pressing objections to its recognition as a fundamental human right. (shrink)

The “right to belong” is a human right in two ways. First, there is the right to belong in a limited sense, i.e., to the extent necessary for individuals to secure all other human rights, such as those recognized by the United Nations Universal Declaration of Human Rights. Second, there is a deeper aspect of the right to belong, that which is necessary to flourish as a human being. To establish, first, that the right to (...) belong in a limited sense should be a human right, I draw upon Hannah Arendt’s claim that stateless persons are without rights, as only communities can grant them. I argue that this limited level of belonging is a necessary but insufficient condition for human flourishing. Full human flourishing requires belonging on a deeper level. To articulate the nature of this deeper level of belonging I draw on Simone Weil’s definition of the “need for roots” and John Dewey and Jane Addams’ constructions of the self as social. I then show how “belonging” in a deeper sense necessarily connects with how a person is perceived and received by individuals and institutions in a community and argue that full perception by and participation in a community is necessary for humans to flourish. Thus, the right to belong imposes an ethical obligation on other members of the community to perceive undocumented immigrants as full human persons with the potential to lead flourishing lives. (shrink)

There are three main categories of rationale for withholding information or telling lies: if overwhelming harm can only be averted through deceit; complete triviality such that it is irrelevant whether the truth is told; a duty to protect the interests of others. Public health authorities are frequently having to form judgements about the public interest, whether to release information or issue warnings. In June 1992, routine surveillance detected patulin levels (a known carcinogen) in samples of apple juice exceeding safety threshold. (...) Remedial actions were promptly taken and it was planned to subsequently publish the information in the routine way. However, the media portrayed the handling of the problem as a conspiracy and there was a short term reduction in juice sales. In October 1995, the UK Committee on Safety of Medicines issued a warning about certain brands of the contraceptive pill, based on the interim results of three unpublished studies. The increased risk of thromboembolism was small, but the resulting scare led to an increase in unwanted pregnancies. The handling of the B.S.E. crisis in the U.K. also led to accusations of incompetence or conspiracy. Public health authorities have to handle uncertainty and frequently have to form judgements for public safety on the basis of evidence of poor quantity and quality. Their task is not helped by the sometimes conflicting agenda of scientists and media. The public also have differing perceptions and interpretations of risk. The series of scares and crises are having a detrimental effect on public confidence in public health authorities. (shrink)

The right to health implies, among other things, that individuals and communities must be allowed to have a voice in decisions concerning the definition of their well-being. The article argues for a more active participation of ethnocultural minorities in healthcare decisions and highlights the relevance of strategies aimed at creating a bottom-up engagement of people and groups, as well as of measures aimed at a broader organizational flexibility, in order to meet migrants’ and minorities’ needs. Finally, the article clarifies (...) that these strategies are not simply the outcome of a welcoming attitude of the Western healthcare system but may be interpreted as a specific duty resulting from the notion of “particularly vulnerable groups,” as formulated by the ECtHR in its case law: when vulnerable groups are at stake, every decision about state actions and rules regarding healthcare should start from an a consideration of the specific conditions and needs of people belonging to vulnerable minority groups. (shrink)

Just below the surface of public life in the United States, a biblically based theory of rights vies with a theory that first appeared in the work of Bentham and Mill, and the latter is gaining increasing dominance. The resolution of this conflict has implications for a host of legal matters and public policy decisions, including life and death issues like physician-assisted suicide. Though the ascendancy of the Millian tradition reflects widespread skepticism concerning the possibility of developing a basis for (...) a common morality or defending a conception of natural inalienable rights, the author argues that a plausible account of common human morality can be developed from attention to the relationships that are requisite for sustaining the communities that are the condition of moral agency. (shrink)

The idea that citizens have a right to receive information that is relevant for their suitable exercise of political rights and liberties is well established in democratic societies. However, this right has never been systematically analyzed, thus remaining a blurry concept. This article tackles this conceptual gap by conceptualizing citizens’ right to information. After reviewing previous approaches to this idea, I locate citizens’ right to information on the map of communication rights, and put forward a systematic (...) framework for both justifying and analyzing it. This framework focuses on this right’s grounds, its function, its holders, its content, and its correlative duties. Although the conceptualization offered here will be incomplete, it will be enough to distinguish the general concept of citizens’ right to information from both its specific conceptions and from the other two best-known rights of the public: freedom of information and the public’s right to know. (shrink)

Following the trend of sharing, and associating being on-line with being 'on-life', many people are now demanding the ownership and control of their data across all processing phases, including the erasure of their presence on the web. In Europe, recent proposals for regulation include an explicit 'Right to be Forgotten'; this right stated in the European Commission Proposal for Regulation COM 2011/12 does not emerge without controversy. It is being criticised on several grounds, including clashing with other rights, (...) such as freedom of expression, as well as setting the terrain for censorship. Besides the purely legal aspects of the proposed provisions, the chapters of this volume discuss how those legal provisions correspond in practice to worldviews and how individual and collective memory must be governed. They look into the deeper consequences of such provisions to construction of identity, culture and community formation, and how such a right affects how, what and why individuals, groups and societies remember and forget. (shrink)

Over the past century, the “right to health” has been recognized by medical organizations and governments across the globe. This essay calls for recognition of a parallel “right to be sick” intended to reframe physician attitudes toward patient autonomy and the right to refuse care. Rather than seeking to discourage allopathic medicine or to question laws requiring involuntary treatment when indicated by the collective welfare, the goal is to have the medical and public health communities reconceptualize their (...) attitudes toward individuals who reject unsought guidance and care. (shrink)

Should significant enhancement of human capacities using genetic technologies become possible, each generation will have an unprecedented power over the next. I argue that it is implausible to leave decisions about the genetic traits of children entirely up to individuals and that communities will sometimes be justified in intervening to protect the interests of children against their parents. While a number of influential authors have suggested that the primary interest that the community should aim to protect is the child’s (...) class='Hi'>right to “an open future”, when we examine closely what we desire for our children, it is clear that sometimes we have good reasons to try to restrict their opportunities to pursue dangerous, corrupting, or meaningless projects. Rather than maximise the openness of their future, then, we should strive to ensure that children have access to sufficient opportunities to make available a reasonable range of valuable life-choices. Importantly, both the assessment of what counts as a reasonable range and our judgements about which forms of life are valuable must inevitably make reference to substantive notions about the nature of human flourishing. A more appropriate formulation, then, of what should be protected by law and/or regulation, is the child’s right to a “decent future”, understood as a future which promises a reasonable range of opportunities to lead a life of human flourishing. I then proceed to highlight the challenge posed by the task of settling upon an idea of what counts as a decent future, for multicultural societies wherein ideas about the standards against which we should evaluate human flourishing are likely to be highly contested. (shrink)

The question whether rights to health care should be altered by smoking behaviour involves wideranging implications for all who indulge in hazardous behaviours, and involves complex economic utilitarian arguments. This paper examines current debate in the UK and suggest the major significance of the controversy has been ignored. That this discussion exists at all implies increasing division over the scope and purpose of a nationalised health service, bestowing health rights on all. When individuals bear the cost of their own health (...) care, they appear to take responsibility for health implications of personal behaviour, but when the state bears the cost, moral obligations of the community and its doctors to care for those who do not value health are called into question. The debate has far-reaching implications as ethical problems of smokers' rights to health care are common to situations where health as a value comes into conflict with other values, such as pleasure or wealth. (shrink)

There is increasing consensus that the right to health can provide ethical, policy and practical groundings for health systems development. The goals of the right to health are congruent with those of health systems development, which are about strengthening health promotion organizations and actions so as to improve public health. The poor shape and performance of health systems in Chad question the extent of realization of the right to health. Due to its comprehensiveness and inclusiveness, the (...) class='Hi'>right to health has the potential of being an organizational and a normative backbone for public health policy and practice. It can then be understood and studied as an integral component of health systems development. (shrink)

Eleni Panagiotarakou | : The focus of this paper is on the “right to place” as a political theory of wild animal rights. Out of the debate between terrestrial cosmopolitans inspired by Kant and Arendt and rooted cosmopolitan animal right theorists, the right to place emerges from the fold of rooted cosmopolitanism in tandem with environmental and ecological principles. Contrary to terrestrial cosmopolitans—who favour extending citizenship rights to wild animals and advocate at the same time large-scale humanitarian (...) interventions and unrestricted geographical mobility—I argue that the well-being of wild animals is best served by the right to place theory on account of its sovereignty model. The right to place theory advocates human non-interference in wildlife communities, opposing even humanitarian interventions, which carry the risk of unintended consequences. The right to place theory, with its emphasis on territorial sovereignty, bases its opposition to unrestricted geographical mobility on two considerations: the non-generalist nature of many species and the potential for abuse via human encroachment. In a broader context, the advantage of the right to place theory lies in its implicit environmental demands: human population control and sustainable lifestyles. | : Le présent article porte principalement sur le « droit territorial » en tant que théorie politique des droits des animaux sauvages. Issu du débat entre théoriciens cosmopolitistes du droit animal, soit terrestres inspirés par Kant et Arendt, soit enracinés, le droit territorial trouve ses sources dans le cosmopolitisme enraciné qui va de concert avec certains principes environnementaux et écologiques. Contrairement aux cosmopolitistes terrestres, qui préconisent d’étendre les droits de citoyenneté aux animaux sauvages tout en défendant les interventions humanitaires à grande échelle et la mobilité géographique illimitée, j’estime que la théorie du droit territorial est davantage en mesure d’assurer le bien-être des animaux sauvages, grâce à son modèle basé sur la souveraineté. La théorie du droit territorial préconise la non-ingérence dans les communautés fauniques, allant jusqu’à s’opposer aux interventions humanitaires, qui risquent de provoquer des conséquences non désirées. Cette théorie, en mettant l’accent sur la souveraineté territoriale, base son opposition à la mobilité géographique illimitée sur deux considérations : le caractère non généraliste de bon nombre d’espèces, et le risque de mauvais traitements par empiètement humain. Dans un contexte plus large, l’intérêt de la théorie du droit territorial réside dans ses exigences environnementales implicites : le contrôle de la population humaine et l’adoption de modes de vie durables. (shrink)

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

Recommendation systems (RSs) predict what the user likes and recommend it to them. While at the onset of RSs, the latter was designed to maximize the recommendation accuracy (i.e., accuracy was their only goal), nowadays many RSs models include diversity in recommendations (which thus is a further goal of RSs). In the computer science community, the introduction of diversity in RSs is justified mainly through economic reasons: diversity increases user satisfaction and, in niche markets, profits.I contend that, first, the economic (...) justification of diversity in RSs risks reducing it to an empirical matter of preference; second, diversity is ethically relevant as it supports two autonomy rights of the user: the right to an open present and the right to be treated as an individual. So far, diversity in RSs has been morally defended only in the case of RSs of news and scholarly content: diversity is held to have a depolarizing effect in a democratic society and the scientific community and make the users more autonomous in their news choices. I provide a justification of diversity in RSs that embraces all kinds of RSs (i.e., a holistic moral defense) and is based on a normative principle founded on the agency of the user, which I call the right to be an exception to predictions. Such a right holds that the proper treatment of a RS user qua agent forbids providing them with recommendations based only on their past or similar users’ choices. (shrink)

1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as (...) a political fact. The number of states has increased enormously due to upheavals of the 20th century, and there is nothing in principle morally wrong with the existence of states - or so we will assume.2 What must be explored, then, are the limits of normatively plausible sovereignty. How bad does a government have to be for outsiders to be allowed to interfere? What responsibilities does a country incur because of its contribution to global warming? What obligations arise through trading? In this paper, we explore another pertinent question: to what extent is a country allowed to influence who lives on its territory by regulating immigration? The angle from which we approach this question continues to be neglected even now that questions of global justice are receiving much attention. Immigration amounts to a change in political relationships as immigrants alter their standing within one community and acquire a status elsewhere. Yet it also amounts to an alteration in physical relationship, since they acquire a relationship to a territory, making a life for themselves with the resources offered by a part of the earth.3 We base our exploration of.. (shrink)

The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All Forms of Discrimination (...) against Women. These broader water-related rights have been recognized but have not yet been operationalized. This paper unravels these broader water-related rights in a more holistic interpretation of existing international human rights law. By focusing on an emerging approach to water services provision—known as ‘domestic-plus’ services—the paper argues how this approach operationalizes a comprehensive range of socio-economic rights in rural and peri-urban areas. Domestic-plus services provide water for domestic and productive uses around homesteads, which challenges the widespread practice in the public sector of planning and designing water infrastructure for a single-use. Evidence is presented to show that people in rural communities are already using their water supplies planned for domestic uses to support a wide range of productive activities. Domestic-plus services recognize and plan for these multiple-uses, while respecting the priority for clean and safe drinking water. The paper concludes that domestic-plus services operationalize the obligation to progressively fulfill a comprehensive range of indivisible socio-economic rights in rural and peri-urban areas. (shrink)

Ecosystem services are the benefits people obtain from ecosystems. Many of these services are provided outside the borders of the land where they are produced. This article investigates who is entitled to these non-excludable ecosystem services from a libertarian perspective. Taking a right-libertarian perspective, it is concluded that the beneficiaries generally hold the right to use non-excludable ecosystem services and the right to landowners not converting ecosystems. Landowners are only at liberty to convert ecosystems if they appropriated (...) their land before any beneficiary used the services and converted the ecosystems before or shortly after the beneficiaries started using the services. This means that the beneficiaries generally hold the right to compensation payments by the landowners in the event of service losses, instead of the landowners holding the right to payments for ecosystem services by the beneficiaries. Taking a left-libertarian perspective, it is concluded that landowners ought to pay for the non-excludable ecosystem services lost as a result of their activities as well as beneficiaries paying for the non-excludable ecosystem services they use. These payments are not made mutually, however, but to a central authority that distributes the returns to the community on an equal per capita basis. (shrink)

The Intergovernmental Panel for Climate Change has over the past decade repeatedly warned that we are heading towards inevitable and irreversible climate change, which will negatively affect the lives, livelihoods, and well-being of millions of people around the world, both at present and in the future. In fact, many people, especially vulnerable and marginalized communities in low- and middle-income countries, already live with the effects of climate change in their daily lives. While adaptation – along with mitigation and compensation for (...) loss and damage as a consequence of climate change – was identified as the central pillars of a just climate policy in the Paris Agreement it is unclear whether this entails a right to adaptation – that some people are owed, as a matter of justice, to have the ability to adapt to climate change – and, if so, what such a right would look like. In this paper, I argue that individuals and communities who are or will be negatively affected by climate change through no fault of their own should have the right to adaptation. I argue that the right to adaptation should be specified through four questions: (i) who has a right to adaptation; (ii) what is it a right to; (iii) how much is it a right to; and (iv) who has the duty to uphold the right to adaptation? (shrink)

A basic human right to the delivery of health care, even to the delivery of a decent minimum of health care, does not exist. The difficult with talking of such rights should be apparent. It is difficult if not impossible both to respect the freedom of all and to achieve their long-range best interests. -/- Rights to health care constitute claims against others for either their services or their goods. Unlike rights to forbearance, which require others to refrain from (...) interfering, rights to beneficence require others to participate actively in a particular understanding of the good life. Rights to health care, unless they are derived from special contractual agreements, depend on the principle of beneficence rather than that of autonomy, and therefore may conflict with the decisions of individuals who may not wish to participate in realizing a particular system of health care. If the resources involved in the provision of health care are not fully communal, private owners of resources may rightly have other uses in mind for their property than public care….[T]he principles of autonomy and beneficence that lie at the foundations of justice will spawn conflicts within any portrayal of a just allocation of health care resources. (shrink)

The beginning of the typical Miranda warning—“You have the right to remain silent. Anything you say can be used against you in a court of law”—is also a fair statement of the medieval right to silence that can be deduced from the canonical rules of due process, and such a warning could and should have been given to arrestees in inquisitorial proceedings. In such proceedings the judge was obliged to give any detained or summoned person a precise statement (...) of the charged crime, to explain the nature of the charges, to allow or provide counsel and other defenses, and to prove that the person was considered guilty of the crime by respectable members of the community before insisting on a response to the charges or to any questioning. If the judge ignored these preliminary procedures and proceeded to interrogation, and persisted even after protest, the defendant could refuse to cooperate by declaring himself or herself aggrieved and entering an immediate appeal. (shrink)

People's “right to truth” or their “right to know” about their government's human rights abuses is a growing consensus in human rights discourses and a fertile area of work in international and humanitarian law. In most discussions of this right to know the truth, it is commonly seen as requiring the state or international institutions to provide access to evidence of the violations. In this paper, I argue that such a right naturally has many epistemic aspects, (...) and the tools of social epistemology can be helpful in elucidating what such a right entails. As a beginning for this project, I draw on those resources to argue that the right to know the truth is only meaningful if it includes a right to understand the abuses, and that such understanding can only come through the development of community epistemic capacities. Given this, I further argue that the state has a duty to support the development of these capacities, and that a critical place for beginning this process is in public schools. (shrink)

Among critical responses to the perceived perils of the industrial food system, the food sovereignty movement offers a vision of radical transformation by demanding the democratic right of peoples “to define their own agriculture and food policies.” At least conceptually, the movement offers a visionary and holistic response to challenges related to human and environmental health and to social and economic well-being. What is still unclear, however, is the extent to which food sovereignty discourses and activism interact with and (...) affect the material and social realities of the frequently low-income communities of color in which they are situated, and whether they help or hinder pre-existing efforts to alleviate hunger, overcome racism, and promote social justice. This research and corresponding paper addresses those questions by examining food justice and food sovereignty activism in the city of New Orleans since Hurricane Katrina as understood by both activists and community members. I argue, using post-Katrina New Orleans as a case study, that food projects initiated and maintained by white exogenous groups on behalf of communities of color risk exacerbating the very systems of privilege and inequality they seek to ameliorate. This paper argues for a re-positioning of food justice activism, which focuses on systemic change through power analyses and the strategic nurturing of interracial alliances directed by people residing in the communities in which projects are situated. (shrink)

The immigration debate in political theory has produced a series of accounts that justify the state’s right to exclude potential immigrants, where the right of self-determination figures prominently. We challenge two prominent accounts of the self-determination-based right to exclude and defend a circumscribed right to exclude and a corollary duty to admit immigrants, based on our ‘people relationship goods’ account of self-determination. Our conception reconciles the moral claims of global opportunity migrants with the well-being and non-alienation (...) interests of the locals. It therefore provides a principled answer to the philosophical question underlying pressing political conflicts today, namely what is the permissible scope of exclusion by self-determining political communities, in light of weighty global moral demands of inclusion. (shrink)

Modernity is marked by the advent of technologies capable of storing data almost indefi­nitely. On the other hand, the data collection takes place without the conscious permission of the users. The storage and collection of personal data is a potential problem, since the digital footprint of a person on the Internet has an impact on the social and political rep­resentation of the individual, its perception by other actors. Compromising the content of a digital footprint can expose information that is not (...) intended for others. There is cur­rently an increasing trend of misuse of stored data, both by criminals and by companies that use the data for sale or surveillance. The need to control how data is collected, stored and used leads to the emergence in the academic literature and the legal field of the “right to be forgotten”, which allows a person to actively moderate the process of collecting and storing data, to participate in determining the circle of those to whom they can be accessed, and delete personal data. The adoption of such a right not only allows the state to influence the collection and storage of data, regulating interactions through law-making activities, but also to realize the potential of an autonomous individual. The prospect of legislating the right to be forgotten has sparked debate in the academic and professional community about the destruction of the free marketplace of ideas and the imposition of political censor­ship on the Internet. The article deals with the philosophical, ethical and political founda­tions of the right to be forgotten. The article substantiates the conclusion that the right to be forgotten has a positive heuristic potential, but at the same time it has conceptual flaws, and is also not able to completely correct the current situation of data processing. However, the implementation of the right to be forgotten in the future can have a beneficial effect on the current situation in the field of collection and storage of personal data. (shrink)

This article argues for the right to nonparticipation for Global Digital Citizenship. It recuperates the notion of political nonparticipation in the context of information and communication technologies and GDC in order to show that nonparticipation can operate effectively in non-State spheres, particularly online. The paper begins with a discussion of nonparticipation in the context of Nation States and non-Statal Organizations before offering a brief survey of the terms Global Citizenship, Digital Citizenship, and GDC. Nonparticipation in an online context is (...) then explained, followed by a discussion of practical concerns, such as who might enforce GDC rights among global digital citizens. (shrink)

Within the framework of a new interdisciplinary scientific scientific field – epistemological urbanism – the authors develop the idea of the human right to their city and show the epistemological nature of this right, which is explained by the fact that it is conditioned by the processes of cognition and scientific communication. Three main provisions are substantiated. Firstly, the city is an intelligent system. “The right to your city” is a specific right to scientific and intellectual (...) production and consumption. Such a right is not realized in every locality designated as a city, but only where there are conditions for intellectual dynamics – where art, education and science are developing. Secondly, the intellectual system of the city has autonomy. Each city has its own intellectual resource. Realizing the right to their city, citizens are involved in the activity of the city's scientific and intellectual autonomy. In other words, a city where there are opportunities to realize the “right to the city” generates an autonomous scientific school or a set of scientific schools. Thirdly, cities how research centers form a scientific network. Not a scientific consortium with common ideas and goals, but a network based on the principles of proliferation. The authors insist on the decentralization of science not for the purpose of its enclavization, but for the purpose of developing the potential, multi-vector and intellectual self-realization of urban communities themselves. It is shown that the development of science as a whole can be ensured by the heterogeneity of science itself : integration and differentiation give rise to an integration scientific and communicative process. (shrink)

Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on Human Rights, (...) specially the article 6. Magna Carat demonstrated the limitations from the arbitrarily. Magna Carat is a foundation of the powers of Parliament and the legal principles, as the rule of law, the rule that everybody has equality before the law. It promised the access to justice. In that respect Magna Carta is still a challenge for many states and officials. The myth of Magna Carta is the protection of the personal rights and is held in great respect by the legal communities against the arbitrary of the authority In respect of the aim of this international conference to see the way how these principles have found their implementation in contemporary legislations as well as to identify the problems that occur regarding these rights, an overview of the Albanian right to appeal for the social insurance rights. The right to appeal to higher authorities against any decisions and the judicial review against the unfavorably resolved appeals. (shrink)

Deictic (or pointing) gestures are traditionally known to have a simple function: to supply something as the referent of a demonstrative linguistic expression. I argue that deixis can have a more complex function. A deictic gesture can be used to _say something_ in conversation and can thereby become a full discourse move in its own right. To capture this phenomenon, which I call _rich demonstration_, I present an update semantics on which deictic gestures can indicate situations from a conversation’s (...) context and those situations coherently connect to prior discourse to generate information. (shrink)

The obligations set by the individual right to health are likely to conflict, at least if states are its addressee, with the obligations set by the collective rights to self‐determination that certain sub‐state communities have (or should be recognized). In this paper, I argue that conceiving of the right to health and of collective rights to self‐determination as both aiming at the promotion of individual agency might help us alleviate this particular problem. To do so, I first explain (...) how we can conceive of the right to health and of collective rights to self‐determination as protecting crucial aspects of individuals' agency. It is because both health and the capacity to participate in particular collectives are important ways in which our agency is enabled. I then argue that this conception of the purpose of those rights offers a principle to guide our practical deliberation when the protection of health and the protection of collective self‐determination seem to conflict. Finally, I specify how I think this principle might guide us when it comes to understanding the obligations that the right to health sets for the state towards members of selfdetermining sub‐state communities, both in terms of the provision of healthcare goods and services and the provision of the underlying determinants of health. (shrink)

PurposeThe purpose of this paper is to study the evolution of Freedom of Information/Right to Information from an international perspective and analyse it as an indispensable tool for good governance through the use of information and communication technologies with special reference to India.Design/methodology/approachThis study examines the worldwide occurrence of Right to Information with reference to International Covenants, the genesis of RTI Act in India and the use of ICT in India as a tool for empowering the citizen's.FindingsThe study (...) demonstrates that RTI has far reaching impact and it clearly contributes to a better and informed citizenry however the use of ICT in India can further facilitate the access of such records.Research limitations/implicationsThe study focuses on the genesis of RTI from an international perspective but the use of ICT for further facilitating the use of RTI is limited to Indian context.Practical implicationsThe paper will outline a detailed analysis on the present usage of ICT and the initiatives taken for facilitating information dissemination and further provide suggestions for the benefit of civil society towards good governance.Originality/valueThe study is the first to address the issue of the implementation of right to information act through the use of ICT and also suggests methodology for its further improvement. Also, the study comprehends the genesis of RTI both from the international as well as Indian perspective. (shrink)

Chronic disorders of consciousness, particularly the vegetative and the minimally conscious states, pose serious diagnostic challenges to neurologists and clinical psychologists. A look at the concept of “diagnosis” in medicine reveals its social construction: While medical categorizations are intended to describe facts in the real world, they are nevertheless dependent on conventions and agreements between experts and practitioners. For chronic disorders of consciousness in particular, the terminology has proven problematic and controversial over the years. Novel research utilizing functional brain imaging (...) has demonstrated that a substantial number of patients retain their capabilities to communicate by brain activity even when they are incapable of classic verbal and nonverbal responses due to the dysfunction of their motor behavior. Moreover, thorough diagnostic assessments constitute the foundations for suitable rehabilitation measures. Thus, ethical arguments support the claim that the potential of emerging methods for communication via brain activity should be evaluated comprehensively in patients with chronic disorders of consciousness, once the technological methodology for this endeavor progresses to a reliable and affordable stage. (shrink)

This paper addresses the question of how the right to liberty, qua moral right, is best understood, and then how that right can serve as a basic human right of indispensable value. Section I argues that if the right to liberty is understood as a general right to license, then, as Ronald Dworkin argues, it cannot be a basic right in any morally meaningful sense. Sections II, III, and IV consider and reject the (...) view that the right to liberty, as a basic right, comprises unrelated sets of either unilateral or bilateral liberty rights correlating with prima facie duties of non-interference. A new model of the basic right to liberty is offered in section V, and then defended in section VI. This model understands the basic right to liberty as a mutually held and reciprocally respected Hohfeldian power-right enjoyed by all basic-rights holders. In virtue of occupying the position of basic-rights holder and participation in a system of rights-permitted action and duty-required compliance or forbearance, persons come to enjoy emergent liberties that augment respect within the community and the value of having basic rights. (shrink)

This dissertation concerns the rights of refugees. It is a project of two parts. Part One provides an account of the scope of the right to refuge in international law. Here, I reject both the alienage and persecution requirements for refugee-status-eligibility outlined in the 1951 Refugee Convention. Instead, I defend a definition that extends the right to refuge to any individual whose human rights are urgently threatened, who has no effective recourse to their home government, and whose interests (...) can only or best be satisfied by means of refuge. In Part Two, I turn to the question of what refugee-hosting states and societies owe to refugees within their borders. Here, I provide a refugee-specific framework for future discussion on the topic of integration, and outline some high-level rights and responsibilities states, refugees, and members of the host society have to facilitate integration between refugees and their host communities. I also provide an account of the scope and nature of refugee family reunification rights, arguing that states have stronger, broader, and less-conditional duties to reunite refugees with their families, especially when those refugees are children. I conclude with a summary of the arguments in this dissertation, and an outline of the primary principles upon which those arguments depend. (shrink)

To what extent can individuals make a claim on their community to provide for upkeep and healing of their bodies? Can the philosophy of natural rights that animates the American political tradition be applied usefully to the health care debate? With Michael Boylan, Helen John, and Patrick Sullivan.

Although national identity is valuable in a variety of ways, I argue that its value is not sufficient to justify a group’s right to govern itself, either in the form of an independent, sovereign state or an autonomous, sub-state government. My thesis is somewhat unusual—most philosophers who affirm the value of national identity also endorse the right of a national community to some form of self-government, and most philosophers who deny that a national community has the right (...) to any form of self-government also deny the value of national identity. (shrink)

One popular strategy of opposition to practices of female genital cutting (FCG) is rooted in the global feminist movement. Arguing that women’s rights are human rights, global feminists contend that practices of FGC are a culturally specific manifestation of gender-based oppression that violates a number of rights. Many African feminists resist a women’s rights approach. They argue that by focusing on gender as the primary axis of oppression affecting the African communities where FGC occurs, a women’s rights approach has misrepresented (...) African women as passive victims who need to be rescued from African men and has obscured the role of certain international institutions that have perpetuated the oppression of African women. In this paper, I defend these critiques by arguing that the use of a women’s rights framework to combat practices of female genital cutting among African communities has often been practically ineffective and morally inappropriate. (shrink)

Pursuant to the Doctrine of Consumer Sovereignty, we believe that tobacco companies should be compelled to disclose their ingredients so that the public health community can make more informed recommendations in order to protect consumer autonomy and sovereignty. However, a recent decision by the First Circuit precludes such a disclosure since it would be unduly burdensome to the industry, while granting only minimal gains to the public. We argue that many of the Court’s key claims rest on a misunderstanding of (...) the science and chemistry of tobacco products. In our view, a mandatory disclosure of ingredients would more effectively protect the public interest, whilst posing minimal burdens on the tobacco industry. (shrink)

During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of (...) political power—taking into account reasonable constraints of feasibility and practicality—that they have refused to receive information, ideas, or opinions from individuals, or their representatives, with dissenting viewpoints. The article also articulates one possible theoretical ground for such a moral criticism: that they could be violating a fundamental moral right of people to submit information, ideas, or opinions to those who wield power over them and to be meaningfully heard—a right which can span state borders. (shrink)