The article discusses the rights of minorities in the system of the International Covenant on Civil and Political Rights. It establishes a conceptual distinction between universal rights, specific rights of minorities in general and specific rights of particular minorities. Universal rights correspond to all individuals (e,g,, “no one shall be subjected to torture”) or all groups of a certain class (e.g., “all families are entitled to protection”). Minority groups and their (...) members are entitled to these rights in the same way as any other individual or group. Specific rights of minorities in general are granted to minority groups (e.g., “minority groups have the right to speak their own language”) or their members (e.g., “persons belonging to a minority group have the right to speak the language of the group”). Finally, specific rights of particular minorities are granted to specific groups identified by their characteristics (e.g., “the linguistic minority X has the right to speak the X language”) or their members (e.g., “any member of the linguistic minority X has the right to speak the X language”). Treaties and international declarations often refer to universal rights and specific rights of minorities in general. However, these rights are usually recognised in broad terms, and their implementation may lead to the recognition of specific rights in favour of particular minorities or their members. Protection of minorities (in the broad sense of the expression) is based on two pillars: on the one hand, the protection against discrimination; on the other hand, the protection of minorities in the strict sense. The first pillar is an aspect of the general principle of nondiscrimination and requires respect for both formal and substantive equalities. The protection of minorities in the strict sense involves the preservation of their particular identity. The purpose of the equality in a formal sense is achieved through universal rights, to the extent that these are granted to minority groups and their members. On the contrary, to achieve equality in a substantive sense, it could be necessary to implement positive measures. The implementation of these measures will usually lead to the recognition of specific rights of minority groups or their members. Finally, the protection of the distinctive characteristics of the minorities will also be done through specific rights. Thus, on the one hand, there are rights, which are intended to protect the minority forms of life (i.e. to protect differences), and, on the other hand, those that are intended to allow minorities equal access to different uniform social goods (i.e. to protect equality). Whereas the former ones seek to protect and promote the particularities of the minority culture (e.g., the right to receive education in their own language), the latter ones are recognised to overcome the disadvantages that minority groups and their members face and are not intended to promote peculiarities, but rather to permit equal access to resources and social opportunities. Article 27 of the International Covenant on Civil and Political Rights enshrines specific rights of minorities intended to protect and promote their own forms of life. Although economic rights are not mentioned (the article refers to the rights “to enjoy their own culture, to profess and practise their own religion, [and] to use their own language”), they may stem from the explicitly recognised rights. The rights recognised by the Covenant are not collective, but individual rights (“in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right [...]”). The rights recognised in the Declaration of the United Nations General Assembly on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities are of the same nature. The principle of equality and non-discrimination is contained in Articles 2.1 and 26 of the Covenant. This principle forbids direct and indirect discrimination, be it de iure or de facto. As this is a universal right, minorities can also benefit from it. According to the Human Rights Committee, Article 27 imposes on States the adoption of positive measures that exceed an attitude of mere abstention. In the same way, positive measures may be necessary to make the principle of equality and non-discrimination effective. Although neither Article 27 nor Articles 2.1 and 26 refer to individuals belonging to a specific minority, the concrete implementation of these articles through positive measures may produce specific rights for persons belonging to particular minority groups. (shrink)

The protection of national minorities forms a constituent part of the international protection of human rights. General human rights treaties (the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and others) create guarantees for the protection of persons belonging to national minorities on the basis of individual human rights. (...) Although the mentioned treaties are not specifically devoted for the protection of national minorities, it is important to underline that non-minorities treaties establish articles of special relevance for persons belonging to national minorities. Non-minorities treaties on the basis of non-discrimination and equality oblige the contracting states to ensure equal treatment of persons, including those belonging to national minorities. It may be noticed that non-minorities treaties provide the protection for persons belonging to national minorities indirectly through the interpretation of the ambit of general human rights. The core question is whether the protection granted on the basis of general human rights is sufficient for the effective protection of persons belonging to national minorities. The aim of the article is to analyze general and specialized international legal grounds of special significance for persons belonging to national minorities in order to determine the particularities of the protection granted for them. The conclusion is drawn that general human rights alone do not effectively protect national minorities: general human rights contribute to the protection of persons belonging to national minorities as a supplement element that inextricably interrelates with specialized rights together comprising the protection devoted to national minorities. (shrink)

In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state (...) members under the Convention on the Elimination of All Forms of Discrimination against Women and International Covenant on Civil and Political Rights. These treaties were chosen not only because they laid down the most significant principles of the protection of human rights, but also due to the great number of reservations made to the fundamental provisions of these treaties. The importance of the topic is that in the human rights treaties the implementation of Vienna Convention on the Law of Treaties provisions on reservations brings several issues, even though on theoretical level the regulation of reservations seems unproblematic. Firstly, there is a major group of states (especially Islamic countries, which base their explanation on the incompatibility with Islamic law), which want to become parties to the treaties that protect human rights and make reservations to fundamental provisions of them at the same time. Secondly, the state parties that make objections to the reservations have to decide if the reservation is compatible with the object and purpose of the treaty or not. The regulation that is laid down in Vienna Convention on the Law of Treaties creates difficulties for the state parties and withdrawal of reservations seems to be more problematic in reality than it is in theory. In order to find the solutions for the above mentioned issues, the author analyses whether the Vienna Convention on the Law of the Treaties regime works properly within the mechanism of making reservations to the human rights treaties or not, what reservations should be kept invalid under the human rights treaties and what could be the solutions for the most effective protection from the invalid reservations that address fundamental rights of human beings in the human rights law. (shrink)

The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge (...) incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights. (shrink)

The article examines the practice of the applicability of the Article 18 of the International Covenant on Civil and Political Rights (hereinafter—ICCPR) and Article 9 of the European Convention on Human Rights and Fundamental Freedoms (hereinafter—ECHR). Through the case—law of the European Court on Human Rights (hereinafter—ECtHR) and insights of the Human Rights Committee the author is investigating the content and limits of the freedom of religion. The article examines in detail the (...) limiting clauses to the freedom of belief (national security, public order, public health, public morals) and the possibility to apply derogation clause. The author comes to the conclusion that due to the complexity of this right it is difficult to forecast the future developments of this right. The jurisprudence of the ECtHR is numerous as well as the decisions of the Court are often accompanied by dissenting opinions. Moreover, some potential cases related to the freedom of religion are not considered by the ECtHR as the admissibility criteria are not met. Therefore the author looks forward to the forthcoming jurisprudence of both—regional and universal human rights bodies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing (...) in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This paper assesses the approach to indefinite detention adopted by the Australian government, suggesting that it is a product of incremental reasoning favouring procedure over observing substantive rights. Specific emphasis is given to the category of detainees deemed to be refugees, but assessed as a pressing security threat. The United Nations Human Rights Committee has found such approaches in violation of international law. Disproportionate measures, it is argued, have been taken regarding such a class of refugees, in (...) direct violation of the International Covenant on Civil and Political Rights. The trend towards such detention, however, is an international one, a security trend that defers legal judgment to that of the executive in what can be termed a form of governmentality in action. That trend received considerable impetus from the post-September 11, 2001 detention regime in Guantánamo Bay. (shrink)

Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform to (...) the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution. (shrink)

This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR) and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a) what alternative conception of value systemically operates against the fulfilment of (...) the rights enshrined in the ICESCR; (b) the increased relevance of the ICESCR with regard to the current global economic crisis; (c) the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article. (shrink)

The recent outbreak of the SARS-CoV-2 coronavirus is posing many different challenges to local communities, directly affected by the pandemic, and to the global community, trying to find how to respond to this threat in a larger scale. The history of the Eyam Plague, read in light of Ross Upshur’s Four Principles for the Justification of Public Health Intervention, and of the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and (...) class='Hi'>Political Rights, could provide useful guidance in navigating the complex ethical issues that arise when quarantine measures need to be put in place. (shrink)

Progress in neurotechnology and Artificial Intelligence (AI) provides unprecedented insights into the human brain. There are increasing possibilities to influence and measure brain activity. These developments raise multifaceted ethical and legal questions. The proponents of neurorights argue in favour of introducing new human rights to protect mental processes and brain data. This article discusses the necessity and advantages of introducing new human rights focusing on the proposed new human right to mental self-determination and the right to freedom of (...) thought as enshrined in Art.18 International Covenant on Civil and Political Rights (ICCPR) and Art. 9 European Convention on Human Rights (ECHR). I argue that the right to freedom of thought can be coherently interpreted as providing comprehensive protection of mental processes and brain data, thus offering a normative basis regarding the use of neurotechnologies. Besides, I claim that an evolving interpretation of the right to freedom of thought is more convincing than introducing a new human right to mental self-determination. (shrink)

The view that research with competent adults requires valid consent to be ethical perhaps finds its clearest expression in the Nuremberg Code, whose famous first principle asserts that “the voluntary consent of the human subject is absolutely essential.” In a similar vein, the United Nations International Covenant on Civil and Political Rights states that “no one shall be subjected without his free consent to medical or scientific experimentation.” Yet although some formulations of the consent principle (...) allow no exceptions, others hold that informed consent is not always strictly necessary for ethical research. The U.S. federal regulations known as the “Common Rule,” which govern research with human subjects, lists several conditions for waiving consent. However, neither guidance documents on the ethics of clinical research nor the literature in bioethics contains a general justification of research without consent. The purpose of this paper is to advance a justificatory framework that will explain why research without consent is permissible in paradigmatic cases and that can be useful in analyzing cases about which there is disagreement. We argue that research without consent can be justified on two grounds: if it stands to infringe no right of the participants and obtaining consent is impracticable, or if the gravity of the rights infringement is minor and outweighed by the expected social value of the research and obtaining consent is impracticable. (shrink)

Every infant has a right to bodily integrity. Removing healthy tissue from an infant is only permissible if there is an immediate medical indication. In the case of infant male circumcision there is no evidence of an immediate need to perform the procedure. As a German court recently held, any benefit to circumcision can be obtained by delaying the procedure until the male is old enough to give his own fully informed consent. With the option of delaying circumcision providing all (...) of the purported benefits, circumcising an infant is an unnecessary violation of his bodily integrity as well as an ethically invalid form of medical violence. Parental proxy ‘consent’ for newborn circumcision is invalid. Male circumcision also violates four core human rights documents—the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention Against Torture. Social norm theory predicts that once the circumcision rate falls below a critical value, the social norms that currently distort our perception of the practice will dissolve and rates will quickly fall. (shrink)

For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as eviction from ancestral homeland, diffusion in all aspects and reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination (...) in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution. (shrink)

This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release of (...) such organisms. To address those challenges, it is proposed that nations considering the environmental release of GE animals must take into account the underlying circumstances and policy failures that motivate arguments for the use of the modified animals. Moreover, countries must recognize that the UN International Covenant on Civil and Political Rights and the UN International Covenant on Economic, Social and Cultural Rights place on them an obligation to ensure that GE animals with patented heritable traits are not released without the substantive consent of the nations or indigenous peoples that could be affected. (shrink)

With the independence of Republic of Macedonia and the adoption of the Constitution of Macedonia, the country went through a substantial socio-political transition. The concept of human rights and freedoms, such as religious freedoms in the Macedonian Constitution is based on liberal democratic values. The Macedonian Constitution connects the fundamental human rights and freedoms with the concept of the individual and citizen, but also with the collective rights of ethnic minorities, respecting the international standards and (...) responsibilities taken under numerous international human rights conventions and treaties, of which the country is a party. Republic of Macedonia has ratified all the so called “core human right treaties” and now the real challenge lies in the implementation of the international standards. Some of these international conventions and treaties of the United Nations and of the Council of Europe are inherited by succession from the former Yugoslavian federation. Religious freedoms are guaranteed by the Universal Declaration of human rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. According to the Constitution of the Republic of Macedonia “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others, is guaranteed„. After the conflict of 2001 the Ohrid Framework Agreement secured group rights for ethnicities that are not in majority in the Republic of Macedonia. The present Law on the legal status of the church, religious communities and religious groups of 2007, repealed the Law on religion and religious groups of 1997. (shrink)

This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR (...) leads to two expectations. First, the larger government spending a proxy of high compliance capacity is hypothesized to delay the ratification process. Second, states with the unitary system are expected to ratify the ICESCR more promptly because the centralized power structure in unitary states significantly restricts the pursuit of the policy autonomy by minorities at local level that the right to self-determination entails. The Cox proportional hazard analysis lends support to both hypotheses. (shrink)

The author emphasizes importance of the resolution of International Covenant of Economic, Social, and Cultural Rights by the General Assembly of the United Nations Organization on 16th December 1966, that took place at the same day as the resolution of International Covenant of Civil and Political Rights. This consists in overcoming of the doctrine of the 19th century that the development of economic and social rights presents a menace to the realization (...) of political rights which connects in an inseparable way both categories of the above mentioned rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Promoting Health and Social Progress by Accepting and Depathologizing Benign Intersex TraitsHida ViloriaI was born with ambiguous genitalia and it was a doctor who, by honoring my bodily integrity and not “fixing” me, gave me the greatest gift I’ve ever received. Because my body and its sexual traits are a positive, fundamental part of my experience and identity as a human being, I know that having my genitals removed (...) or altered according to someone else’s vision would have deeply damaged me, both physically and psychologically.The doctor who protected my autonomy was, unsurprisingly, my father. I say “unsurprisingly” because in my experience parents are typically more protective of their children than doctors are of their patients. Also, doctors do not discuss cases with other doctors in the same way they do with laypeople, as doctors know more about medical issues such as the risks involved in infant genital surgery.Other than having clitoromegaly (a large clitoris), my reproductive anatomy is typically female, and so I was assigned female and raised as such without incident. My parents didn’t discuss my intersex traits with me, and I grew up thinking of myself and being accepted as, a girl.When I began menstruating, my father told me I’d need to take pills to “grow taller.” I thought this unusual, as I wasn’t short, and later overheard my mother arguing with him, saying that the pills were “experimental”. I was reminded of this discussion years later, when she told me that the pills had actually been hormones to make my breasts grow. I never took them though as she convinced my father not to make me.Article 7 of The International Covenant on Civil and Political Rights states that, “No one shall be subjected without his free consent to medical or scientific experimentation,” and I’m grateful to both my parents for protecting my civil rights as they protected my health.Due to my Catholic upbringing and schooling, I had no opportunity to compare my genitals to other girls’, and it wasn’t until the age of twelve that I realized, while perusing magazines with friends, that I have atypical sex anatomy. Contrary to common speculation however, this awareness didn’t make me question being female. I simply assumed there must be some genital variation in humans.I feel my parents made the wisest decision possible by registering me as one of the two accepted, available genders but allowing me to live, physically and behaviorally, as who I am. Despite not having developed a stereotypically curvaceous female figure, I was popular and excelled in typically feminine social activities, as well as sports and academics. For example, I was one of four girls selected out of one hundred twenty–five that competed for a spot on my high school cheerleading [End Page 114] squad when I tried out to help a friend who needed a tryout partner.Other than escaping IGM (Intersex Genital Mutilation) and estrogen therapy, I’ve had only a few experiences pertaining to my medical care around being intersex. These experiences fall into two categories: seeing medical doctors who treated me the same after discovering that I have ambiguous genitalia, and seeing ones who didn’t. I feel incredibly blessed that my experiences in the former category vastly outweigh the latter.My first experience came at the age of twenty, when a gynecologist asked me if my clitoris had always been as large as it is. I responded that it had, and she said, while looking at me disapprovingly, that she’d like to do some tests. When I asked her what they were for though, she wouldn’t respond directly. She said I’d reported having some upper lip hair, and acne, on my intake forms. I replied that neither were above average, and asked if there were health issues I should be concerned about. She reluctantly said no. I asked what reason there was then for undergoing tests because of the size of my clitoris.She finally responded, “It’s just not normal.”Fortunately, I’d had positive reactions to my sex traits from the people I’d dated. For example, the first... (shrink)

Journal Name: Semiotica - Journal of the International Association for Semiotic Studies / Revue de l'Association Internationale de Sémiotique Volume: 2013 Issue: 196 Pages: 325-352.

This paper argues that the EuropeanCourt of Human Rights couldserve as a model for an international court ofhuman rights to be builtupon the United Nations Committee on HumanRights. It argues that theconcerns states might have over the surrenderof a significant portion oftheir national sovereignity might be lessenedif such an internationalcourt were to incorporate the margin ofappreciation doctrine employed bythe European Court of Human Rights. Thisdoctrine is intended to respectthe customs and traditions of sovereign statesin dealing with (...) humanrights issues, while maintaining that somerights such as the right not tobe tortured will be considered as basic andwill stand independently ofthe customs and traditions of sovereignstates. (shrink)

Towards the end of the first world war, a “principle of self-determination” was proposed as a foundation for international order. In the words of its chief advocate, U.S. President Woodrow Wilson, it specified that the “settlement of every question, whether of territory, of sovereignty, of economic arrangement, or of political relationship” is to be made “upon the basis of the free acceptance of that settlement by the people immediately concerned and not upon the basis of the material interest (...) or advantage of any other nation or people which may desire a different settlement for sake of its own exterior influence or mastery” (Wilson 1927, 233). The principle played a significant role in deliberations about lands newly liberated by the first world war, and, in the aftermath of the second, it was enshrined within Article 1 of the United Nations Charter which called upon member nations “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” Its status within international law was further heightened by the 1966 Covenants on Civil and Political Rights and on Economic Social and Cultural Rights, whose first articles specify the following: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development.” In 1970, General Assembly Resolution 2625 added that, “every state has the duty to respect this right in accordance with the provision of the Charter.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: The Negotiable and the Non-NegotiableRobert Baker (bio)AbstractThe preceding article in this issue of the Kennedy Institute of Ethics Journal presents the argument that “moral fundamentalism,” the position that international bioethics rests on “basic” or “fundamental” moral principles that are universally accepted in all eras and cultures, collapses under a variety of multicultural and postmodern critiques. The present article looks to the contractarian (...) tradition of Hobbes and Locke—as reinterpreted by David Gauthier, Robert Nozick, and John Rawls—for an alternative justification for international bioethics. Drawing on the central themes of this tradition, it is argued that international bioethics can be rationally reconstructed as a negotiated moral order that respects culturally and individually defined areas of nonnegotiability. Further, the theory of a negotiated moral order is consistent with traditional ideals about human rights, is flexible enough to absorb the genuine insights of multiculturalism and postmodernism, and yet is strong enough to justify transcultural and transtemporal moral judgments, including the condemnation of the Nazi doctors at Nuremberg. This theory also is consistent with the history of the ethics of human subjects experimentation and offers insights into current controversies such as the controversy over changing the consent rule for experiments in emergency medicine and the controversy over exempting certain clinical trials of inexpensive treatments for preventing the perinatal transmission of AIDS from the ethical standards of the sponsoring country.The Preamble to the Council of Europe’s (1997) Convention on Human Rights and Biomedicine, the most recently ratified code of international bioethics, is noteworthy because it never mentions “principles,” the concept most frequently cited by the fundamentalists as basic to international bioethics. Instead it stresses rights, a concept that has been utterly ignored by the fundamentalist theorists of international bioethics. The Preamble exemplifies a conception of international [End Page 233] bioethics as an ethics of covenants and conventions grounded in human rights. In the full text of the Preamble, the term “rights” appears eight times and the expressions “convention” and “covenant” are used six times; the term “principle” does not appear at all. In this essay, I develop a theoretical framework for international bioethics based on conventions, covenants, and areas of “nonnegotiability”—a concept that serves as a functional analogue to the traditional notion of “human rights.” I also shall argue that, unlike the theory of basic principles central to moral fundamentalism, the theory of negotiated morality appears immune to the multicultural and postmodern critiques of international bioethics that were analyzed in the preceding article in this issue of the Kennedy Institute of Ethics Journal (Baker 1998).Negotiated Moral Order: A Model for International BioethicsReconsidering ContractarianismThe linkage of “conventions” and “covenants” with human rights that is evident in the Council of Europe’s Convention on Human Rights and Biomedicine traces back directly to the moral and political theories of Thomas Hobbes and John Locke. Such philosophers as David Gauthier (1986), Robert Nozick (1974), and John Rawls (1971, 1993) recently have reinvigorated this classic contractarian line of analysis. In this section, I shall reconsider classical contractarian theory from a perspective informed by these more recent analyses.The most riveting feature of all forms of contractarian theory is the metaphor of the contract itself, particularly the legitimating role it accords to assent. Because contractarians look to the assent of those who would be bound by a moral norm as ultimately the sole source of a norm’s legitimacy, the most important corollary of contractarian moral theory is that moral norms are illegitimate insofar as agents either in principle could not, hypothetically would not, or actually will not rationally assent to be bound by them. Contractarians also argue that because legal norms are legitimated by acceptance of the authority of those who promulgate them, the authority of such norms is bounded by the actual or hypothetical assent of the governed. These features of contractarian analysis generate the correlative concepts of human rights and civil rights.Less often remarked, but nonetheless integral to the metaphor of the social contract, is the contractarian recognition that the interests of the [End Page 234] parties who contract to form civil society are naturally in conflict (or, as Hobbes put... (shrink)

Democracy and human rights have long been strongly connected in international covenants. In documents such as 1948 United Nations Universal Declaration of Human Rights and the 1966 International Covenant of Civil and Political Rights, democracy is justified both intrinsically in terms of popular sovereignty and instrumentally as the best way to “foster the full realization of all human rights.” Yet, even though they are human and thus universal rights, political (...) rights are often surprisingly specific. In the Covenant, for example, “the right to take part in the conduct of public affairs” is equated with “the right to vote and to be elected.” More often then not, their realization is left to states and their constitutions, as for example in the European Convention for the Protection of Human Rights. Political rights have a “peculiar” status among enumerated human rights, and this difficulty has to do with deep assumptions about the nature and scope of democracy and political community that remain unexamined by the drafters of these important declarations. (shrink)

Francisco de Vitoria (c. 1485-1546) is well-known for his philosophical contributions to natural rights and international law. However, his extensive work on the conflict between civil authority and the authority of the Catholic Church has been largely neglected by political theorists and intellectual historians. While scholars have recently recognized the significant role played by natural law in the history of political secularism, they have focused almost exclusively on the “modern” natural law theories of Hobbes, Pufendorf, (...) and Thomasius, as opposed to the “scholastic” natural law of early modern Thomists like Vitoria. This essay undertakes an analysis of Vitoria’s use of natural law theory in his approach to civil-ecclesiastical conflict. Contrary to critiques from the “modern” natural lawyers, it argues that Vitoria’s idea of natural law spearheads a forceful defence of the autonomy of civil power from ecclesiastical power. Based on his sharp distinction between the natural and the supernatural spheres of human life, Vitoria argues for a “dualist” position in which civil and ecclesiastical powers are independent and equally binding on human consciences. The essay acknowledges that Vitoria’s dualism ultimately gives way to his endorsement of papal supremacy over all Christian princes. However, this papalist conclusion does not follow from Vitoria’s natural law theory but rather from an opposing political principle: the notion of the universal Christian commonwealth. (shrink)

Contemporary social policy toward low-income women in the United States, as evidenced both by Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and by the AFDC programme that preceded it, is in part an artefact of long-standing conceptions of the nature of citizenship. This view sees citizenship as resting primarily on civil and political rights, not on rights with respect to economic, social, and cultural matters. Drawing on scholarly literature on the development of international human (...) rights regimes, the feminist literature that analyses social policy both comparatively and in terms of US domestic policy, and literature regarding contemporary movements among low-income persons, this paper analyses the efforts of one organization, the Kensington Welfare Rights Union (KWRU), to challenge US policy via international human rights law and international enforcement mechanisms. We will suggest that, despite some of the flaws of the KWRU, their approach is a promising one for low-income women. In particular, we wish to suggest that a broader conception of citizenship that takes into account economic, cultural, and social rights is necessary to create a more equitable and democratic polity for women. (shrink)

Changes in security environment after the end of Cold War and 9/11 have strongly affected our security concepts and paradigms. In the field of counter-terrorism, a serious conceptual and practical debate on the relationship between security and human rights and freedoms has begun. The goal of this paper is to reflect on this complex relationship at the conceptual level and introduce the empirical debate on this relationship in the field of civil aviation. The paper’s results show that the (...) concept of human security usefully integrates the care for human rights and security of individuals. The debate on the potential introduction of body scanners on the European airports was actually a debate on the ways of providing individual human security on the airports with simultaneous concern for other human rights. The output of this debate was a compromise: body scanners can be used at the discretion of individual airports and member states, but are not an obligatory measure on all European airports. (shrink)

This paper argues that a thorough discussion on women’s rights needs to go beyond progress in civil and political rights. Looking comparatively at Iran and Turkey, it posits that the legal and political context of secularism v. theocracy has much less of an impact than expected, and suggests that other variables offer much more compelling explanations. The paper combines feminist constructivist insights with the broader lens of world -system theory to hypothesize that the explanation for (...) women‘s inequality in employment is found at the intersection of endogenous gender constructions heavily influenced by culture and religion, and of an international economic order that contributes to the reproduction of a patriarchal structure in poorer countries, regardless of their political system. (shrink)

In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural rights (...) (ESC Rights). They argue that at least some international human rights on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights. (shrink)

Interrogations are a very specific component of any criminal investigation. The answers gained through interrogative process provides information that are considered as direct evidences. In contemporary criminal procedure, the court is not absolved from gaining other evidences, even in cases when the defendant confesses his/her guiltiness. This is a mechanism for excluding the inquisitorial approach for extracting compulsory confessions. The modern procedure uses a variety of mechanisms to guarantee that the defendant will not be compelled to confess guilt. Those mechanisms (...) are part of most important international conventions as International Convention for Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the Statutes of International Tribunals and part of different constitutional and legal acts of modern states. A very interesting “highlight” remains the right to silence which guarantees that the defendant might remain silent and it will not be interpreted against him. The defendant, even in cases with direct evidences, can remain silent and cannot be forced to answer given questions. Another “highlight” is that one that appears from the privilege against self-incrimination that allows the defendant to not answer a question, if by answering, he/she may confess guilt or incriminate him/herself. How deep is this privilege? Are there, maybe questions, that he/she are obliged to answer The article will focus in interrogations and the right to silence by most important international acts and domestic acts of different countries and upcoming specifics in the relation interrogations vs. remaining silent. (shrink)

Since the publication of his A Theory of Justice (TJ), John Rawls has revolutionized political philosophy in many ways, including the understanding of human rights. His theory of rights in TJ is drawn from a comprehensive liberal doctrine and is limited to the domestic society. However, his account of human rights developed in his last major work, The Law of Peoples, claims to be politically free standing, following the model of his Political Liberalism. For Rawls, (...) human rights are necessary conditions for social cooperation. They are meant to serve as one of the principles of foreign policy of the reasonable liberal peoples, in their relations with non-liberal societies. Rawls believes that his category of human rights cannot be rejected by non-liberal peoples as parochial or particular to the Western tradition, because they are not based on any comprehensive doctrine. On the other hand, however, many African scholars have dismissed the current international human rights regime on the account of being too liberal, and not corresponding to the African communalist worldview. It is in that regard that The African Charter on Human and Peoples’ Rights and subsequent African human rights instruments were adopted to dress a list of human rights that take into account African history, civilization, and values. Thus, in three main sections, this article examines whether the Rawlsian account and the African view of human rights can enrich each other, or whether they are completely opposed. (shrink)

This paper traces the evolution of the international concept of a human right to culture from a general and individual right of participation in the public life of a state (1966, Article 27 of the IC of Civil and Political Rights), to a group right to a cultural identity (1992 Declaration on the rights of persons belonging to national or ethnic, religious or linguistic minorities). I argue that the original generic formulation of the human right (...) to culture reflected the nineteenth-century ideal of one-nation, one culture which had proved inadequate from the beginning even in Europe and wrecked havoc upon newly evolving nations in previously colonized territories. International Human Rights doctrine has had to evolve in response to the confl icts that have erupted within multi-ethnic states. In this paper I will consider and defend the argument of William Kymlicka that culture is a necessary context for the exercise of meaningful choices and therefore, within limits, deserves protection within liberal regimes. I argue that providing political support for cultural identities in the form of group rights need not imply a right of secession and can support a robust conception of multicultural citizenship. I analyze the philosophical significance of cultural identity for human dignity and democratic participation in multicultural contexts and conclude that group rights are neither “collectivist” nor “individualist” but a necessary and significant byproduct of the fundamental human right to free association. (shrink)

In this paper I offer a new interpretation of Marx’s essay On the Jewish Question which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers (...) are created and enacted in civil society. With this in mind I read OJQ alongside the recent campaign to legislate for marriage equality in Australia and the movement to recognise environmental human rights. While both movements might ameliorate instances of discrimination and harm, I argue that they cannot resolve those powers that limit certain kinds of access or render people and things subordinate to other interests. (shrink)

International human rights treaties and declarations lay out the interconnection of civil and political rights with economic, social, and cultural rights. However, it was not until 1993 at the 2nd UN Conference on Human Rights in Vienna that governments agreed that all of women’s rights are an integral part of human rights. Promoting women’s economic, social, and cultural rights is a critical human rights advocacy issue. Poverty leaves women more (...) exposed to violence and less able to escape it, and severely restricts women’s ability to organize and fight for change. The article describes work by AI and other NGOs on violence against women and its connection with women's poverty and lack of education, healthcare, housing, and access to land in Africa. Besides the burgeoning of African women’s organizations calling for protection of all women’s human rights, a second hopeful development has been approval in July 2003 of an historic Protocol on the Rights of women in Africa. (shrink)

At this juncture, the relevance of the human right to science is undeniable. The right, for a long time, has been a subject matter of deliberation under Article 15 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR). Most of these deliberations emphasised the need for a concise meaning and scope of the right to science. In the year 2020, the Committee on Economic, Social and Cultural Rights (CESCR) under the ICESCR made two (...) interventions with the objective of defining, advancing and mainstreaming the right to science. The two interventions include General Comment No. 25 on Science and Economic, Social and Cultural Rights, and the Statement on the Coronavirus Disease (COVID-19) Pandemic and Economic, Social and Cultural Rights. This paper concerns the above mentioned statements of the CESCR, in particular, the interpretations and standards being advanced by the Committee. (shrink)

Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP (...) and the key provisions dealing with the redressal mechanisms and processes. Much emphasis is given to highlighting the expansion of the normative framework through the works of the Committee under the ICESCR. The document highlights a few of the important standards developed, interpreted and applied by the Committee in its dealing with member states. The document also mentions a few areas that need further study and analysis in order to understand the impact of the OP-ICESCR mechanisms within domestic jurisdictions, particularly of the member states. (shrink)

In the international sphere, sovereignty and fundamental rights are often at odds, giving these rights little space for action and, in general, only after crisis has led to tragedy, and tragedy to disgrace. International Law, on the other hand, consistently succumbs to forms of domination and power, and its scope of action is often limited to certain codifications which are frequently suspended by political exception. Sixteenth century Dominican theologian, Francisco de Vitoria, established the principles for (...) a Law of the people, based on secular civil power that, while still exercising internal sovereignty, could defend and privilege the “rights of all men” over the exercise of power and private interest. This article focuses on this dispute to show Vitoria’s position, who long preceded the great declarations of human rights of the 18 th century, presenting an original doctrine within the framework of an emerging globalization and based on the defense of fundamental rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christianity and Human Rights: Influences and IssuesJohn D’Arcy MayChristianity and human rights: Influences and issues. Edited by Frances S. AdeneyArvind Sharma. Albany: State University of New York Press, 2007. xi + 228 pp.The existence of the “Universal Declaration of Human Rights by the World’s Religions” (UDHRWR) deserves to be more widely known, and this book not only reproduces the text, drawn up for a conference (...) in Montreal to mark the fiftieth anniversary of the UN’s Universal Declaration of Human Rights (UNUDHR, 1948), but offers a point-by-point comparison of the two documents by Frances Adeney and a series of papers that illuminate the issues raised by such declarations from very different points of view. The premise of the whole undertaking is that religious perspectives were not adequately represented in the UN Universal Declaration of Human Rights, though even this is questioned by some of the contributors. The UDHRWR explicitly mentions the right to change one’s religion, asserting in article 18 (1): “There shall be no compulsion in religion. It is a matter of choice,” and it includes “the rights of nature and the earth” (art. 29 [1]; see also 24 [2]). Article 12 (4 and 5) also asserts the duty and the corresponding right of not denigrating the religions of others. Article 16 (5) mentions monasticism as an institution worthy of protection alongside marriage. [End Page 172]In an extremely detailed examination of the work of the Third Committee, which brought the original UN document to the floor of the General Assembly, Sumner B. Twiss finds abundant evidence that religious issues were debated at great length, with great respect, and from a wide range of cultural and religious backgrounds. The committee included representatives of Christian, Confucian, Marxist, Hindu, Buddhist, and Muslim traditions, and Twiss claims that it is a mistake to regard the document they produced as either Western or secular in intent. The question of the relationship between rights and duties was thoroughly debated, as were the social dimensions of both and the underlying theological and ideological issues. Although religious terminology was eventually omitted, this was agreed in an atmosphere of exemplary tolerance and mutual understanding. Twiss concludes: “The UDHRWR is redressing a nonexistent problem presumably posed by the UDHR” (p. 69).Nevertheless, in the present context of the desecularization or resacralization of the world, a more explicit treatment of religious aspects of human rights seems appropriate, and the papers collected here raise problems that are still with us. Frances Adeney introduces several of them: the distinction between public and private spheres, the relative weighting given to creation and sin, and the relationship between rights and duties. The specifically Christian contribution to the debate, in her view, is the insistence on the universality of human rights derived from the biblical conception of the human as the “image of God,” so that “Christians through the ages have assigned a transcendent worth to human beings” (p. 20). The dimension of community is signaled by the extension of the covenant from ethnic group to faith community, thus linking the covenant family of God to the unity of humankind. Whether this link is strong enough to secure the universality of human rights, however, remains an open question.The Christian ethicist Max Stackhouse counterposes to this the “profound individualism” implicit in human rights thinking: it is this, rather than abstract or absolute universals, that lays the basis for civil society and, in its Christian variants, “provides the safest havens for non-Christian religions to flourish without political control” (p. 49). It is the rights of each individual, not of communitarian entities, that are to be respected. The religions tend to be particularistic, but this does not mean that the sources of human rights thinking are necessarily secular humanist. Stackhouse leaves us with two very significant questions: “... whether we can form a global civil society that does not have a theologically based inner moral architecture,” and whether “human rights principles become more effective without attention to their roots and justifying ultimate legitimations” (p. 50). Terry Muck also confronts us with the tensions between universality and cultural specificity, the individual and the communal, arguing that religions all... (shrink)

This paper considers the relationship between corporations and global human rights. This relationship lies at the heart of the 2010 conference theme “Business and the Sustainable Commons.” A human or natural right is one that is inherent, and thus universal, in being human. It is typical to distinguish between civil and political rights as a category (thus supposing constitutional democracy in some form); and economic, social, and cultural rights (thus implying minimum conditions such as food, (...) work, education, culture, and so forth). A right for one person implies a duty (not necessarily binding) for some other person or entity. The paper assesses the duty on corporations imposed by definition of global human rights. Such rights also involve considerations of enforcement and funding (or compensation). (shrink)

The International Covenant on Economic, Social and Cultural Rights was signed by Turkey in 2000 and has been in force since September 23rd, 2003. For this reason, the Covenant is considered as act of parliament in our domestic law, and unlike the general procedure of application of the law, it can not be alleged to contradict the Constitution (According to Article 90 of the Turkish Constitution). The article 12 of the Covenant defines the right to (...) health and its content. In the article 12 of the Covenant, in its General Comment No. 14 published in 2000, the right to the highest attainable standard of health was interpreted and commented upon. This document contains a detailed description of the right to health, its content, and its obligations to State parties. Although this Comment of the Covenant is not binding, it is a document to which the State parties refer when taking measures related to health services. Every publication and comment on the right to health was based on the General Comment 14 of the Covenant. The Article 12 was reinterpreted by the Covenant on May 2nd, 2016 in the context of rights to sexual and reproductive health. İit has been emphasized that legal, procedural, practical and social barriers limit the access of individuals to full range sexual and reproductive health services. It has also been pointed out that accessibility of sexual and reproductive health services is a distant target for women and girls. Moreover, it has been stated that discrimination that increases exclusion in legislation and practice limits lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and disabled people'senjoyment of sexual and reproductive health rights. For this reason, it is stated that although commenting on the rights of sexual health and reproductive health is included in 14 comments, it is important to make an interpretation about them. This comment is an interpretation of a binding Convention. Therefore; It is a document that will provide guidance on measures to be taken by States Parties in respect of their rights to sexual health and reproductive health. At the same time, obstacles to discrimination in medical practice bring important approaches in terms of respect for autonomy and respect for private life. In our article, information about the content of the ESKHK's interpretation and possible reflections of this content in the field of medical law and ethics will be given. (shrink)

In my article I defend the claim that terrorism is morally indefensible, irrespective of the religious or political circumstances and motives behind the actions of its agents and sponsors. My argument is based on the indefeasible presupposition of modern civilization and our human rights culture that, like the prohibition against murder in the law of crimes, the deliberate killing of innocent civilian non-combatants—the principle target of terrorists—destroys the cardinal value of the sacrosanctity of all individual human life by (...) making a dignified or rights-respecting, flourishing social life impossible. In my view the Islamist terrorist network of Al Qaeda (and some Palestinian groups like Hamas and Islamic Jihad) offers a paradigm case of modern terrorism due to the success of their attack on the American homeland on 9/11 (2001).Accordingly, I suggest the outlines of a philosophical critique of some common contemporary views which often thwart a common defense against terrorism because they blur the moral clarity of those who ordinarily respect the dignity and basic rights of persons as well as the rule of law. The views I target include a type of moral relativism, a postmodernist perspectivism, and the “Blowback” thesis currently circulating in some official military and political precincts. In addition, I explain why terrorism so deeply offends the law of war and its correlative Just War tradition; and also I reflect on why rights-based democracies must confront terrorism without subverting their own foundations. (shrink)

Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King (...) was not just a civil disobedient, violating the law in a way that shows fidelity to the law. He was a radical disobedient, challenging the authority of the legal order. As such, he was part of a long tradition of radical disobedience, extending back through militant strikes of the labor movement. The character of this disobedience was evident, both to its main protagonists, like King and Eugene V. Debs, and to its major opponents, especially the courts. In reconstructing these historical cases, I revise the civil disobedience literature and demonstrate the distinctiveness of the radical disobedience concept. (shrink)

What does it mean to say that a particular war is just or unjust, that terrorism is always wrong, or that torture can sometimes be morally justified? What are the moral bases for the possession or use of nuclear weapons, intervening in other nations' civil wars, or being a bystander to genocide? Such questions take us to the heart of what is morally right and wrong behaviour in our world. Global Violence: Ethical and Political Issues provides readers with (...) the analytical tools to better understand the suppositions that underlie the debates about such questions, as well as equipping them to advance their own reasoned and informed moral analyses of these topics. The book engages different normative approaches from the fields of ethics, international relations and political philosophy and uses them to examine a set of case studies on the subjects of inter-state and civil war, nuclear weapons, terrorism, torture and genocide. (shrink)

However, the barriers and facilitators of such changes - law reform perspectives - have been virtually ignored. Why do so many attempts to change the law fail but others are successful? International Perspectives on End-of-Life Law Reform aims to address this question by drawing on ten case studies of end-of-life law reform from the United Kingdom, the United States, Canada, the Netherlands, Belgium and Australia. Written by leading end-of-life scholars, the book's chapters blend perspectives from law, medicine, bioethics and (...) sociology to examine sustained reform efforts to permit assisted dying and change the law about withholding and withdrawing life-sustaining treatment. Findings from this book not only shed light on changing end-of-life law but also provide insight more generally into how and why law reform succeeds in complex and controversial social policy areas. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Since the original UN Universal Declaration of Human Rights1 laid out the general principles of human rights, there has been a split between what have been regarded as civil and political rights as opposed to economic, cultural and social rights. It was, in fact, the denial that both could be considered “rights” that prevented them from being included in the same covenant.2 Essentially, the argument for distinguishing the two concerns the nature of freedom. (...) The civil rights to the freedoms of speech, religion, assembly, association, and so on do not specify the content of the speech, the theology of the religion or the purpose of the assembly or association. 3 Freedom in such cases is necessarily value-neutral. In leaving the choice up to the individual, these rights purposefully abstract from the content of this choice. The case is quite different for economic, cultural and social rights. All of these necessarily express values with regard to the forms of our social organization. This is because they move beyond individual choices to consider the purposes or goals of our existence together. Thus, the rights to the cultivation of a cultural identity necessarily impact more than the individuals exercising them. As collective, they affect the society as a whole. The same holds for the UN sponsored rights of a person “to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.”4 For a society to honor these rights involves specific choices with regard to its social content and collective organization. Such choices embody a particular value—in the UN’s words, that of the “social security” of the individual.5 Freedom, here, is freedom for specific social goals. Since these goals are collective, they.. (shrink)

The establishment of the African Court on Human and Peoples’ Rights was a pivotal moment for the African human rights system. To date, 30 of the African Union’s 55 member states have accepted the Court’s jurisdiction by ratifying the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. This article uses statistical analysis of state action on the Protocol to shed light upon the (...) factors that have led some states to accept the Court’s jurisdiction and other states to thus far decline to do so. The results provide strong support for accounts of the origins of international human rights regimes that emphasize transitional states’ desire to “lock in” new commitments to democracy and human rights. Potential compliance costs, regimes’ ideological orientations, domestic legal traditions, and regional dynamics have also exerted significant effects upon the likelihood of ratification. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A World for All? Global Civil Society in Political Theology and Trinitarian Theology ed. by William Storrar, Peter Casarella, and Paul Louis Metzger, and: Public Theology for a Global Society: Essays in Honor of Max L. Stackhouse ed. by Deirdre King Hainsworth and Scott PaethJonathan RothchildA World for All? Global Civil Society in Political Theology and Trinitarian Theology Edited by William Storrar, Peter Casarella, (...) and Paul Louis Metzger Grand Rapids, Mich.: Eerdmans, 2011. 346 pp. $35.00Public Theology for a Global Society: Essays in Honor of Max L. Stackhouse Edited by Deirdre King Hainsworth and Scott Paeth Grand Rapids, Mich.: Eerdmans, 2010. 264 pp. $45.00The intersections of globalization, civil society, and public theological reflection remain fluid, contested, and complicated. Two edited volumes that have shared connections to Princeton’s Center of Theological Inquiry celebrate the contributions of Max Stackhouse (Public Theology for Global Society as a festschrift and A World for All? as a dedication) toward these intersections. Public Theology for a Global Society attends to neo-Calvinist debates about public theology and its applicability to family, finance, and technology, while A World For All? explores religious beliefs and practices in their contexts, the meanings of the Trinity, and the prospects for cultural, political, and religious dialogue within civil society.In Public Theology for a Global Society, the contributors engage Stackhouse’s work in terms of its “global reach and its ecclesial concern” (ix). The essays consider five overarching themes: covenant, natural law, and human rights; social pluralism and social justice; Christian responsibility for society; economic and political realism; and Christian ethics in a global era. One of the book’s strengths is that it ambitiously probes—as Stackhouse’s own work does—the substantive interrelationships of these themes. Harold Breitenberg’s opening essay clarifies the meanings of public theology, but it does not account for recent developments, including comparative interventions that reconstruct modes of public theology.In the second section on key issues in public theology, John Witte speculates on whether Stackhouse would accept sixteenth-century Calvinist thinker Johannes Althusius’s “‘different and ‘even dangerous’” (36) theory of natural law. [End Page 205] Witte’s query, which begs comparisons vis-à-vis Catholic models of public theology frequently neglected in the book, is critically addressed by Don Browning’s essay. Browning’s theology of covenant includes a subordinate theory of natural law because “the concept of covenant cannot stand alone” (49). Other essays include reflections on covenant by Hak Joon Lee (which reconstructs Abraham Kuyper’s theory of sphere sovereignty) and Richard Mouw (which analyzes neo-Calvinist conceptions of law, covenant, and common morality). Similar to Browning’s caution to Stackhouse, Mouw censures a complete rejection of natural law (104); pace Browning’s critique, Mouw applauds Stackhouse’s insistence on the prominence of covenant in neo-Calvinist ethical and social theory. Interrogation of these disagreements by either the editors or the contributors would have strengthened the book.The book’s third section examines public theology in a global context. Differing from Stackhouse, William Schweiker charts the basic anthropological and existential components of a cosmopolitan conscience to overcome the universalist and particularist difficulties within public theology (134–38). Other thinkers appropriate interreligious dialogue as constructive models. Mark Heim contends that, in the face of massive global suffering, interreligious dialogue must promote human flourishing. Scott Paeth similarly sees dialogue as a mechanism for overcoming religiously motivated violence (166). Peter Paris, Shirley Roels, and Deirdre King Hainsworth all point to various features of technology as pathways to new articulations of public theology. In the concluding section, the contributors fittingly focus on the legacy of Stackhouse, namely, his long-standing interests in justification, justice, congregational life, and a “sobered version of Reformed theology vis-à-vis institutional responsibility and the retrieval of its theological substance” (Gabriel Fackre, 247).A World for All?, borne out of a 2005 conference in Edinburgh, approaches globalization within the modern ecumenical movement as illustrated by the affiliations of its three editors: William Storrar (ecumenical Protestant), Peter Casarella (Catholic), and Paul Metzger (Evangelical). The book examines the broader trajectories of globalization in conversation with “examples of churches around the world... playing a vital part... (shrink)

This book addresses the topic of the explicit and implicit commitments about persons as a kind in the literature on personal identity and draws out their political implications. I claim that the political implications of a metaphysical account can serve as a test on its veracity in cases in which the object-kind under analysis is itself constitutively normative, as the kind person might be, or in those cases in which counting as a member of the kind in question (...) confers a certain normative status upon those that do so count, which the kind person certainly satisfies. I argue that metaphysical accounts of personal identity often contain certain mistaken background assumptions concerning personhood, often due to a failure to recognize that being a person is environmentally dependent. -/- Because being a person is environmentally dependent, but this is not often noted, let alone incorporated into our theories of persons, although there are exceptions, a closer look at those theories is required if we are to have a just society. In fact, it is a bit surprising that this is the current situation, since the claim that certain members of society are oppressed due to being denied full personhood and its attendant rights has been the basis of several social movements: first-wave feminism, anti-slavery movements, and civil rights movements generally. Historically, these resistance movements aimed at claiming that, unlike how they were treated, they did in fact meet the requirements for personhood that those in more privileged sectors did and should therefore enjoy the same rights as the more privileged. -/- While I agree with the justification for these movements -- that the injustice driving them is that of the denial of the rights of persons -- I advocate for moving away from the idea that the only appropriate response is to count those who make such claims as being members that meet the dominant conception of personhood. Instead, I want to highlight the fact that if being a person is an environmentally dependent fact, theories of the nature of persons must recognize this or risk reflecting and perpetuating the current status quo. -/- For these reasons, those in need of recognition of their rights as persons should not only resist the failure of having them granted but should also question the current understanding of the concept itself, since the very notion may be riddled with normative assumptions typical only of those with certain kinds of privilege. That is, fighting for recognition as persons, without also resisting and questioning the source and objectivity of our current concept of personhood, risks failing to truly challenge the currently unfair social structure in any deep way. -/- There is a risk, however, with taking such a stance -- that it will be fallaciously inferred that there is no fair concept of persons at all to which are owed rights. But this does not follow from the stance I take. All that follows is that we must recognize our fallibility in offering metaphysical theories, particularly when the concept under investigation is normatively sensitive and environmentally dependent in the way that the kind person seems to be. -/- Theories concerning the metaphysics of persons, then, must address the fact that those with privilege not only have more power to assert their rights as persons, but they are also the source of most received views of the concept itself. It is possible, therefore, that our current metaphysical theories may be mis-describing the objective nature of personhood as a kind for politically biased reasons. -/- I argue that one of the particularly pernicious assumptions frequently made is that to be a person is to be a certain kind of psychologically integrated being. This is an ideal we seem to hold dear, since we tend to pathologize the failure to achieve it. I claim, however, that this thesis about persons as integrated is exactly the kind of idea that fails the environmental dependence test, since this state of integration is often only readily had by those who have a certain amount of control over their external environment, which many of us do not enjoy. For those who are not members of the dominant group, a strongly integrated self is sometimes simply not on the horizon, since being subject to the vicissitudes of the external environment often leads to conflict, fragmentation, or disintegration. Having inadequate power over one's own circumstances tends to produce what we might call “fractured selves,” selves that face a multitude of environmental forces, many times thrusting contradictory norms, roles, and traits, upon those subjected to them. -/- The fact that the failure to achieve integration is in fact pathologized makes the integration thesis seriously questionable, since it creates a situation in which those most in need of being conferred the normative status of being a person will fail to get such recognition, and in fact, possibly labelled as "defective" in some way or other. This is unjust for many reasons, at least one of which is that it relies on morally irrelevant facts to determine a person's normative status. -/- The previous issues raise the question of whether the aim of a giving a metaphysical account of persons ought to be understood descriptively or prescriptively, since current metaphysical accounts would fail to count many individuals as persons. However, taking metaphysical accounts as a prescriptive is highly controversial. I doubt that most of those offering explicit metaphysical theories of persons would agree that they are engaged in any kind of prescriptive project. Some psychologists and psychiatrists perhaps may take themselves to be determining whether a person is "healthy" by our current understanding of what it is to be a person, but the idea of having a healthy psychology sufficient for being a fully competent person is vastly different from having a healthy physical body, which does seem to have a more objective basis, although even this is questioned in disability studies. -/- The strong integration thesis, then, as now applied, clearly raises political issues, and has potential negative consequences for many beings that we typically do think of as persons. The integration thesis then needs to be replaced with a more adequately descriptive metaphysical theory or revised in a way so that it avoids these negative political consequences. -/- I see two paths open: (1) maintain the integration thesis as an ideal, and grant those who fail to meet it a temporary kind of normative status equal to that of being a person and push for substantive equal opportunity to achieve integration; or (2) reject the ideal altogether and offer a different account of the nature of being a person that counts so-called "fractured selves" as persons. -/- I believe that path (2) is preferable to path (1) for several reasons. First, it requires no condescension or paternalistic attitudes towards those who fail to be fully integrated; second, it expresses intellectual humility in accepting that standards that appear objective are often, in reality, biased and should not be universally applied; and third, it is more realistic in that it does not assume that there is an infinite amount of resources, and therefore harbors no illusions that equalizing power structures will allow everyone to enjoy the same amount and kind of power currently held by the dominant classes. -/- My own metaphysical account of what matters for survival to persons over time advocates for the idea that persons ought to be understood as constituted not only by internal psychological relations, but also by their relations to their surrounding environments, and this includes relations to inanimate objects. This view, I argue, can accommodate fractured selves as full persons, allowing for various psychological configurations to count as persons. It is also an improvement on views that do happen to recognize the environmental influence on persons -- social constitution views. The reason is that these views argue that persons just are what their environmental social surroundings dictate, which also has potentially negative political consequences, since it threatens to bind persons so closely to socio-cultural contexts that it closes off the possibility of resistance to them. However, because the view I endorse, makes persons environmentally dependent not only on their socio-cultural context, but on the whole of their environment, this makes persons partly independent of socio-cultural contexts, allowing them room to question them, which as noted, I believe they should be. (shrink)

This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would (...) mean failing to meet the standards of a legitimate democratic state. (shrink)