Drawing its strength from the UN Charter and UDHR, human rights ethics is a beacon of hope and a promise that requires continuous reaffirmation during these turbulent times. These two documents, with their unwavering faith in ‘fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,’ have shaped our understanding of human rights as global and universal (...) ethics. However, this faith is now being severely tested by four countercurrents: extremism, exclusionism, selectivism, and populism. These countercurrents pose significant and urgent human rights threats that activists, academics, and policymakers must confront by reasserting the basic core values of the UN Charter and UDHR. (shrink)

Erudite and timely, this book is a key contribution to the renewal of radical theory and politics.

Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look (...) like – what we call the “structural pluralist account” of human rights. (shrink)

The criticism that voluntary codes of conduct are ineffective can be met by giving greater centrality to human rights in such codes. Provided the human rights obligations of multinational corporations are interpreted as moral obligations specifically tailored to the situation of multinational corporations, this could serve to bring powerful moral force to bear on MNCs and could provide a legitimating basis for NGO monitoring and persuasion. Approached in this way the human rights obligations of (...) MNCs can be taken to include support for political as well as economic rights. This will go some way towards filling the regulatory gap created by the difficulty of controlling the activities of corporations operating globally. However, such a proposal will require a measure of ‘meta-regulation’ whereby the operations of MNCs are legally required to be sufficiently transparent to create the conditions for effective external moral scrutiny. (shrink)

The Philosophy of Human Rights brings together an extensive collection of classical and contemporary writings on the topic of human rights, including genocide, ethnic cleansing, minority cultures, gay and lesbian rights, and the environment, providing an exceptionally comprehensive introduction. Sources include authors such as Aristotle, Cicero, Thomas Aquinas, Confucius, Hobbes, Locke, rant. Marx, Gandhi. Hart, Feinberg, Nussbaum, the Dalai Lama, Derrida, Lyocard and Rorty. Ideal for courses in human rights, social theory, ethical theory, (...) and political science, each reading; begins with a brief introduction, and is followed with study questions and suggested further readings. (shrink)

The belief that human rights are culturally relative has been reinforced by recent attempts to develop more plausible conceptions of human rights whose philosophical foundations are closely aligned with culture-specific ideas about human nature and/or dignity. This paper contests specifically the position that a conception of human rights is culturally relative by way of contesting the claim that there is an African case in point. That is, it contests the claim that there is (...) a unique theory of rights. It analyses three examples of what often passes as African conception of human rights arguing that they have little or nothing to do with human rights, are simply inadequate or are not African in the sense at issue in a cultural relativism. Along the way, it distinguishes between two meanings of the term African contending that to the extent that the practice of prizing the ‘community’ higher than any other value is definitive of African, the idea of African human rights remains suspect. (shrink)

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

Medicine and its allied health sciences have for too long been peripherally involved in work on human rights. Fifty years ago, the door to greater involvement was opened by Article 25 of the Universal Declaration of Human Rights, which underlined social and economic rights: “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, and medical care and necessary social services, and (...) the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”. (shrink)

Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest (...) attainable level of physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health. (shrink)

I seek to understand the relationship between human vulnerability and human rights as something more than a problem that respect for human rights solves. After characterizing vulnerability and noting that human rights are generally regarded as entitlements that respect the dignity of persons by securing their autonomous agency, I draw out the implications of these premises. I argue that human vulnerabilities are constitutive of the capacity for autonomous agency and therefore that the (...) circumstances of respect for persons must include persons’ vulnerability to many sorts of harms. Given that the opportunity to lead one’s life in one’s own way—that is, the opportunity to exercise autonomous agency—is indispensable to human dignity, respect for persons entails respect for the vulnerability that underwrites autonomous agency. If so, rights-bearers are necessarily vulnerable subjects. I further defend this conception of rights-bearers by arguing that it comports with three types of human rights theory: agency-centered, needs-centered, and practice-based accounts of human rights. (shrink)

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; (...) the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field. (shrink)

Amid Russia's illegal invasion of Ukraine, the human rights community has understandably focused its attention on human rights violations committed by the Russian state. This has, however, left the human rights implications of the martial law Ukraine has put in place for civilians largely unexamined. This essay highlights the ways Ukraine's travel restriction on “battle-aged” civilian men has harmed three overlapping groups—civilian men, the families of the men (including women and children), and trans and (...) nonbinary individuals—and shows that the restriction runs counter to important principles in international human rights and humanitarian law. It then considers the ethical dilemmas faced by the international human rights community in addressing such harms, and the political psychology of rights advocacy that may explain the tendency to underplay this particular set of human rights issues. Nonetheless, the essay ultimately argues that advocates should hold actors—including and perhaps especially those with which they may sympathize—accountable to the human rights standards to which they have pledged. (shrink)

Human rights are a suspect project – this seems the only sensible starting point today. This suspicion, however, is not absolute and the desire to preserve and reform human rights persists for many of us. The most important contemporary critiques of human rights focus on the problematic consequences of the desire for universal rights. Some defenders of human rights accept elements of this critique in their reformulations, but opponents remain wary of (...) the desire to think and act in human rights terms because of their limitations as a political ethics. Yet, we hesitate to abandon human rights. In this article, I look at the political critique of human rights in greater detail. I argue that an agonistic account drawing on the work of William Connolly and Bonnie Honig offers the best response to the most important contemporary critiques of human rights, and a clearer account of what it means to claim that human rights do valuable work. The key developments of this agonistic view of human rights are its focus on the ambiguity of ‘humanity’ as a political identity and the challenge to legitimate authority and membership that new rights claims make. In the end, human rights are defended as a universal political ethos focused on the pluralization and democratization of global politics. (shrink)

The success of any cosmopolitan political project depends on the development of forms of transnational solidarity that go beyond particularist commitments of kin, community, or nation. In this paper, I analyze how transnational solidarity can be generated around basic human rights. Rather than presupposing strong conceptions of a common humanity or a pre-existing sentiment of universal benevolence, I propose that the global discourse on human rights itself – an ongoing, dynamic, and dialogical process carried out within (...) global public spheres – be considered a form of or at least as a developing source for transnational solidarity. Together with the politics of human rights promoted by NGOs within global public spheres, this global discourse can contribute to constructing transnational solidarity around human rights. But a human right to basic subsistence, and commitment to fulfilling the correlative duties to the global poor, must be central to the cross-cultural dialogue on human rights for their to be adequate transnational solidarity around a global human rights regime. I frame my central argument through an engagement with Jürgen Habermas's revision of the Kantian cosmopolitan project. (shrink)

A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, on the political view, what makes (...) states primary bearers of human-rights duties is their possession of both (i) the capacity to fulfill human right and (ii) what I call the ‘authority-plus-sovereignty package’. Building on the existing literature on the moral responsibilities of TNCs, I argue that some TNCs—especially in areas of weak governance—meet these two conditions. I thus conclude that they count as bearers of primary human-rights responsibilities even from within a political perspective on human rights. (shrink)

Care is more than dispensing pills or cleaning beds. It is about responding to the entire patient. What is called “bedside manner” in medical personnel is a quality of treating the patient not as a mechanism but as a being—much like the caregiver—with desires, ideas, dreams, aspirations, and the gamut of mental and emotional character. As automata, answering an increasing functional need in care, are designed to enact care, the pressure is on their becoming more humanlike to carry out the (...) function more effectively. The question becomes not merely whether the care automaton can effect good bedside manner but whether the patient’s response is not feeling deceived by the humanlikeness. It seems the device must be designed either to effect explicit mere human-“likeness,” thus likely undermining its bedside-manner potential, or to fool the patient completely. Neither option is attractive. This article examines the social problems of designing maximally humanlike care automata and how problems may start to erode the human rights of users/patients. The article then investigates the alternatives for dealing with this problem, whether by industrial and professional self-regulation or public-policy initiatives. It then frames the problem in the broader historical perspective in terms of previous bans, moratoria, and other means of control of hazardous and potentially rights-violating techniques and materials. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

The main goal of my text is to generalize Alexy's explicative argument against human rights skeptics in order to minimize the overall room for their escape. This argument tries to show that any attempt to intersubjectively justify the nonexistence of human rights as moral rights necessarily commits the so‐called performative self‐contradiction. Alexy worries that the effect of his argument can be weakened by a group reduction of discourse. But I will argue that this worry is (...) overstated because the price of such a reduction is much higher than Alexy estimates. I will then turn to the issue of moral relativism. I will try to show that the explicative argument, if suitably generalized, can cope even with human rights skeptics who think in terms of moral relativism. (shrink)

How does morality allocate responsibility for what it requires? I am concerned here with one fundamental part of this question, namely, how morality determines responsibility when multiple agents are capable of contributing to or completing a moral task, and special relationships capable of generating duties with respect to the task are non-existent, insufficient as a moral response, or partly indeterminate. On one view, responsibility falls to the agents who can bear it with the least burden. I show why this is (...) initially attractive and mistaken. Instead, I defend an equity-based approach that accommodates the intuitions that both support and trouble the least-cost principle. One upshot is that sometimes we ought prefer a distribution of responsibility that is more expensive and less local than needed to complete the task. I illustrate the practical significance of the argument in terms of the human rights of refugees. (shrink)

This article defends a novel, normative conception of the indivisibility of human rights. Human rights are indivisible because normative commitment to one mutually entails normative commitment to another. The normative conception enables us to defend three important theoretical and practical corollaries. First, as a conceptual thesis normative indivisibility lets us see how human rights constitute a unified system not liable to the typical counter-examples to indivisibility as mutual indispensability. Second, as a dialectical thesis, normative (...) indivisibility can support linkage arguments in defense of controversial human rights. And third, as a political thesis, normative indivisibility can show why the political thesis of indivisibility means that states lack discretion to ‘pick and choose’ which human rights to implement. (shrink)

This paper argues that recent advancements in value theory can inform discussions on the interrelation of human rights. More precisely it is argued that the importance of human rights, i.e., the ranking of their priority, cannot be fully accounted for by “more important” and “equally as important”. The concept of “on a par importance” is introduced and it is argued that this concept captures implicitly held intuitions in the debate. Furthermore, with this new conceptual insight, it (...) is possible to justify certain assumptions that previously lacked a justificatory ground. (shrink)

The paper deals with a possible tension within Axel Honneth’s theory of justice as presented in his Freedom’s Right. It takes as its point of departure Georg Lohmann’s objection that Honneth loses sight of the critical potential associated with positive right and tries to discuss it critically both exposing Lohmann’s and Honneth’s position. From the complex of problems identified thereby, the paper moves to a discussion of Émile Durkheim’s theory of State, with which it helps to provide a possible contribution (...) to the discussion between positive, individual rights and the normative framework of social freedom. (shrink)

From the fundamental rights proclaimed in the American and French declarations of independence to the 1948 Universal Declaration of Human Rights and Hannah Arendt’s furious critiques, the definition of what it means to be human has been hotly debated. But the history of human rights—and their abuses—is also a richly illustrated one. Following this picture trail, _Human Rights In Camera_ takes an innovative approach by examining the visual images that have accompanied human (...) rights struggles and the passionate responses people have had to them. Sharon Sliwinski considers a series of historical events, including the 1755 Lisbon earthquake and the Holocaust, to illustrate that universal human rights have come to be imagined through aesthetic experience. The circulation of images of distant events, she argues, forms a virtual community between spectators and generates a sense of shared humanity. Joining a growing body of scholarship about the cultural forces at work in the construction of human rights, _Human Rights In Camera_ is a novel take on this potent political ideal. (shrink)

In Ethics for a Broken World (2011),Tim Mulgan invites us to partake in a series of lectures delivered in a fictional future on some of the political philosophies that dominate our current tradition. The future he asks us to imagine is one in which the world is ‘broken’. In the broken world, climate change has lead to intermittent and unpredictable periods of radical scarcity in which there are insufficient resources to guarantee the survival of all existing persons (8-12). We are (...) also to imagine, rather plausibly in light of recent scientific discoveries, that we bear causal responsibility for this situation (9). Mulgan suggests that the device of the broken world ‘serves to highlight the contingency of our moral and political ideals, asking us to see our society and its ideals from the outside’ (ix). In this paper, I employ the device of the broken world to reflect on one of the most prominent ideals in contemporary affluent societies, namely that of human rights. In particular, I am interested in what sense the device of the broken world shows our ideal of human rights to be contingent, and what implications this might have for how we should understand and evaluate this ideal. (shrink)

This chapter demonstrates that the African philosophical tradition offers four interesting ways to broaden global thought about human rights, where all four involve an appeal to the value of community in some way. Firstly, some African philosophers are skeptical about the normative category of human, i.e., individual rights, with some appealing to communal considerations to deny they exist at all and others doing so to argue that they should not play a central role in moral-political thought. (...) Secondly, there is the view, enshrined in the African (“Banjul”) Charter of Human and Peoples’ Rights for more than 40 years, that there are group rights and not merely rights of individuals. Thirdly, some thinkers in the African tradition have held that we have dignity because of relational features such as our ability to enter into community with others, contrasting with more globally familiar features such as our autonomy, rationality, or life. Fourthly, many African political philosophers hold that there is a human right to have a voice in any major political decision, a kind of democracy that would forge community among all by forbidding rule by a majority. The chapter argues that the grounds for skepticism about human rights are weak and instead that a communitarian foundation of human rights and its implications for group rights and democratic rights should be taken seriously by a global audience. (shrink)

In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the (...) rule of the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experiment with the development of representative democracy as well as the French revolution, after which the idea that rights should not be influenced by the status of the individual became the bedrock of a democratic system. But progress on the creation and protection of individual rights for all has been uneven. Democratic systems themselves often limit the scope of rights, particularly rights to participate in the political system. Stourzh brings this learned exploration forward to the discussions of human rights and democracy in the postwar period, with the end of the colonial empires and the fall of fascist dictatorships. He demonstrates how deeply intertwined equal rights for all, under law, as a concept and practice are with the development of democracy. He then explores the challenges to the idea of equal rights posed by economic inequality and the demands of the "security state" and concludes with a discussion of universal human rights which, under his idea of isonomy, will require bodies superior to nation-states to enforce. (shrink)

The World Trade Organization has faced many criticisms from human rights and social justice advocates. And yet it is difficult to identify direct clashes between WTO obligations and human rights obligations. Nevertheless, as demonstrated in this article, the concerns of WTO critics are justifiable, for example in the areas of the organisation's democratic deficit, the effect of its rules on developing States, and in the arena of labour rights. The criticisms are not, as it were, (...) manifestations of mere 'regime envy' by social justice constituencies. Indeed, the present imbalance in effectiveness between international economic institutions and international social justice institutions must be redressed. Comments are welcome - Please either use SSRN comments or email to the author. (shrink)

The World Bank is no stranger to criticism of its projects, especially in respect of its privatization and private sector development projects. Critics point to the environmental, social and cultural damage that certain projects have caused, which for some appears not just to be a product of the individual projects themselves, but symptomatic of a broader policy failure within the Bank to engage with the social consequences of its actions. In fact, and somewhat surprisingly, both the Bank's critics and its (...) defenders seldom employ human rights language in their reasoning and rhetoric, and where they do, it is only fleetingly and often lacking in any real substance. This is surprising because of so much of what the Bank does can be, and is, supportive of the objects of international human rights standards, especially in respect of economic, social and cultural rights. It is a central theme of this Discussion Paper that for the Bank to embrace this fact alone would be a very significant step towards it being better able not only to respond to its critics, but also, crucially, to deliver upon its own objectives as most recently expressed in the Millennium Development Goals. This Discussion Paper was commissioned by the World Bank. The brief was to provide an account of the major criticisms directed at the World Bank's private sector-oriented projects, and to determine what, if any, consequences for the protection of human rights are revealed by those criticisms. The approach adopted in this paper is first to identify key criticisms through empirical research and then to subject them to human rights analysis. This provides the basis for a clear account of the legal and programmatic implications for the Bank, today and in the future, of those human rights obligations and duties raised, directly or indirectly, by the critics of the Bank. (shrink)

Questions pertaining to socialist democracy and human rights and freedoms have now been advanced to the front lines of the ideological struggle between the forces of socialism, peace, and democracy, on the one hand, and those of imperialism, war, and reaction, on the other. This is due to the content and features of the worldwide development of societies today, one direction of which is a universal increase in the political self-awareness and social activity of the working class and (...) the entire mass of the toiling population. The final document of the 1976 Conference of Communist and Workers' Parties of Europe emphasizes: "The historical necessity of replacing capitalist society with a socialist society established in accordance with the will of each people is becoming evident to ever broader strata of the public." The great achievements of socialism and the successes of socialist democracy serve as an inspiring example in the heroic struggle of the working class and its allies for peace and social progress. (shrink)

This is a practical lawyer's appeal for help on behalf of clients to whom the question of human rights is particularly pressing. It so happens that some of these clients are aliens, not citizens, so they can't very well talk or worry about rights of citizenship. Many of them are without property, and so not deeply interested in rights of property. Many of them have no jobs, and so are not particularly interested in the rights (...) of labor. But all of them are human, and if that gives them any rights, they would like to know, and I, as their lawyer, would like to know, what those rights are. And so I come to a forum of the wise men of America searching for light on that problem. If I can return to my clients with even one lighted candle, that would be better than sitting and cursing the darkness. But I should like to return with a whole candelabra of seven candles illuminating seven questions that seem to me to be at the heart of the world's great darkness today. (shrink)

This article examines Henri Bergson’s conception of human rights in The Two Sources of Morality and Religion. I claim that he provides an original view of human rights. Rather than understand human rights primarily as an institution to protect all human beings from serious social, legal, and political abuse, Bergson conceives of them as a medium of personal transformation. In particular, I argue that for him the true potential of human rights (...) is to initiate all human beings into a way of life open to love and joy. (shrink)

This book proposes a new agenda for research into a Critical Theory of Human Rights. Each chapter pursues three goals: to reconstruct modern philosophical theories that have contributed to our views on human rights; to highlight the importance of humanity and human dignity as a complementary dimension to liberal rights; and, finally, to integrate these issues more directly in contemporary discussions about cosmopolitanism. The authors not only present multicultural perspectives on how to rethink political (...) and international theory in terms of the normativity of human rights, but also promote an international dialogue on the prospects for a critical theory of human rights discourses in the 21st century. (shrink)

This article examines the theoretical pathways connecting Benhabib’s thoughts on ethical normativity, human rights, legality, democracy, liberalism, pluralism, and the tragedy of the political. It endorses Benhabib’s dialectical treatment of these paradoxical political tropes but notes a possible unresolved tension in her discussion of the ambiguous moral and legal nature of human rights. I propose a pluralist approach to the moral grounding of legal human rights that might be at odds with Benhabib’s approach.

During the 1940s, Zhang Junmai was a leader of the China Democratic Socialist Party and an important figure of the socalled third force in the struggle between the Chinese Communist Party and the GMD. Zhang kept himself informed about discussions on human rights in the West and the work in progress in the United Nations on the Universal Declaration of Human Rights. During the 1940s, Zhang discussed human rights in the magazines Zaisheng and Minxian. (...) He introduced and translated discussions on human rights in the West, such as the declaration of human rights adopted by the French organization Ligue des Droits de l'homme in 1936, and a human rights manifesto written by H.G. Wells in 1939. Both these declarations were fairly radical in nature and called for economic rights, including the right to subsistence. (shrink)

Poverty, Agency, and Human Rights collects thirteen new essays that analyze how human agency relates to poverty and human rights respectively as well as how agency mediates issues concerning poverty and social and economic human rights. No other collection of philosophical papers focuses on the diverse ways poverty impacts the agency of the poor, the reasons why poverty alleviation schemes should also promote the agency of beneficiaries, and the fitness of the human (...) rights regime to secure both economic development and free agency. The book is divided into four parts. Part 1 considers the diverse meanings of poverty both from the standpoint of the poor and from that of the relatively well-off. Part 2 examines morally appropriate responses to poverty on the part of persons who are better-off and powerful institutions. Part 3 identifies economic development strategies that secure the agency of the beneficiaries. Part 4 addresses the constraints poverty imposes on agency in the context of biomedical research, migration for work, and trafficking in persons. (shrink)

Social marketing has been established with the purpose of effecting change or maintaining people’s behaviour for the welfare of individuals and society, which is also what differentiates it from other types of marketing. However, social marketing scholars have struggled with guiding social marketers in conceptualising the social good and with defining who decides what is socially beneficial in different contexts. In this paper, we suggest that many dilemmas in identifying the social good in social marketing could be addressed by turning (...) to human rights principles, and, in particular, by following a human rights-based approach. We examine a number of cross-cutting human rights principles—namely, transparency and accountability, equality and non-discrimination, and participation and inclusion—that are capable, in a practical way, of guiding the work of social marketers. Through an illustrative case study of the anti-obesity discourse, we present how these principles might help to address some of the challenges facing social marketing, both as a theory and practice, in meeting its definitional characteristic. (shrink)

A just international order and a healthy cosmopolitan discipline of law need to include perspectives that take account of the standpoints, interests, concerns and beliefs of non-Western people and traditions. The dominant scholarly and activist discourses about human rights have developed largely without reference to these other viewpoints. Claims about universality sit uneasily with ignorance of other traditions and parochial or ethnocentric tendencies. The object of the book is to make accessible the ideas of four jurists who present (...) distinct 'Southern' perspectives on human rights. (shrink)

This assay reconstructive research methodology asks how the interaction between democracy, human rights, justice and global imperatives is disposed at the thought of Habermas. Its objective is the rational explanation of its internal connections. Exposes like Habermas, from the public sphere reconstruction and communicative action addresses the justice and law. The dialectic between facticity and validity, interweaves philosophy and sociology to develop its normative approach to law and the state, connecting law and democracy through the discursive paradigm of (...) law. Connects constitutional jurisdiction, law,politics, civil society and the public sphere. (shrink)

The paper starts by examining some of the key conceptual problems related to the idea of human rights, as well as some key arguments raised in defence of human rights as universal and emacipatory modern project. This is followed by a discussion on cultural rights, sometimes understood as a correction of human rights? universalism, at other times taken as their?logical extension?; it will be shown how human rights have gradually begun to (...) be amalgamated with cultural and collective rights. The third section of the paper continues with an overview of anthropological critique of cultural rights, with an emphasis on ethnographies critically examining the domination of the?rights talk? in perceptions and self-perceptions of various local?cultural? struggles. Finally, the issue of the universality of human rights is reexamined from the perspective of the particularity of citizens? rights with the aim of questioning the validity of their conceptual demarcation. (shrink)

Drawing on historical inisights, systematic reflections and empirical data, this book offers a substantive understanding of the complex relationship between religion and human rights and of the empirical impact of Christianity and Islam on the attitudes toward human rights, i.e. a human rights culture.

This paper provides a critical analysis of the premises and arguments put forward by the Ius Constitutionale Commune en America Latina project to ground the image of the Inter-American Court of Human Rights as an agent of democratic transformation. It highlights three critical aspects: 1. the profile of the Court is constructed by legal scholars relying on self-validation and self-referentiality, 2. that image validates the idea that lawyers and the judiciary are agents of transformation ruling over local spaces (...) from above, thereby discarding people as the central subjects of change and democratization, and 3. the concept of representative democracy becomes a device that secures the self-validating dynamics of the image of the Court as democracy builder. (shrink)

This book examines the intersections of bioethics, human rights and health equity. It does so through the contextual lenses of nation states while presenting global themes on rights, colonialism and bioethics. The book is framed by the following propositions on indigenous health: it is a human rights issue; it is located within the politics of colonization; and subjugated indigenous knowledges require restoring.

The under-reporting of sexual abuse reduces the chances of winning the battle against sexual abuse of women and children in Zimbabwe. It leaves girl children powerless and vulnerable, despite the country’s determination to put an end to injustice and gender discrimination in line with the Sustainable Development Goals (SDGs), in particular, SDG 5, which focuses on gender and equality, and SDG 16, which is concerned with justice and peace. The aim of this study was to explore the barriers to reporting (...) sexual abuse in Ruwa. Informed by the human rights-based approach, the study adopted a quantitative research design. Survey data were solicited from 51 randomly selected female respondents. Results revealed that 69% of the respondents were abused, yet only 2% of the total respondents reported the abuse to authorities, while 67% did not report incidences of abuse. About 98% of respondents believed that most sexual abuse cases in Ruwa went unreported. Results also showed that barriers to reporting sexual abuses comprised cultural and economic factors, most of which were characterised by shame, embarrassment, and fear, as well as the desire to protect male breadwinners. The results are consistent with existing literature generalisations on sexual abuse, particularly in terms of the prevalence of sexual abuse and under-reporting. It is also argued that culture is the determinant factor for most of the barriers to reporting sexual abuse, as well as the effects of reporting.Based on the results and in view of promoting and protecting human rights associated with sexuality, the study recommends that local authorities and social institutions implement awareness programmes and campaigns on reporting sexual abuse in the community.Contribution: This study is the first of its kind in Ruwa. Its significance is embedded in how it reflects on the role played by culture, religion and societal views on matters of sexual abuse. (shrink)

Human rights are in crisis today. Everywhere one looks, there is violence, deprivation, and oppression, which human rights norms seem powerless to prevent. This book investigates the roots of the current crisis through the thought of Italian philosopher, Giorgio Agamben. Human rights theory and practice must come to grips with key problems identified by Agamben "e; the violence of the sovereign state of exception and the reduction of humanity to 'bare' life. Any renewal of (...) human rights today must involve breaking decisively with the traditional coordinates of Western political thought and instead affirm a new understanding of life and political action. (shrink)