This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain (...) how the home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

Background: Human rights are an important part of nursing practice. Although there is increasing recognition regarding the importance of including human rights education in nursing education, few studies have focused on nursing students’ perspectives and experiences in relation to human rights in nursing, especially regarding older nursing home residents’ right to food. Objective: To explore nursing students’ perspectives and experiences in relation to the right to food. Research design: The study followed a qualitative interpretative research design. (...) Data were collected from multistage focus groups before, during and after clinical placement in a nursing home and analysed through thematic analysis. Participants and research context: Participants were 18 first-year nursing students; the study was conducted in 2017. Ethical considerations: This study was approved by the Norwegian Centre for Research Data. Findings: Students’ understanding of older nursing home residents’ right to food was a dynamic process. Their perceptions evolved from a polarized perspective to a reality orientation and finally to retrospective reflection. Discussion: The article discusses how nursing students learn about and understand human rights within and throughout their placements. Conclusion: The study bridges human rights theory and practice. Findings suggest that the human right to food must be enacted in daily practice for students to learn in context. Human rights education, specifically pertaining to nutritional care, thus benefits from a practice-oriented approach preparing students to face ‘real life’ challenges and ethical dilemmas. Findings will help nurse educators tailor education in this field. (shrink)

Earth is the home planet, right for life. But rights, a notable political category, is, unfortunately, a biologically awkward word. Humans, nonetheless, have rights to a natural environment with integrity. Humans have responsibilities to respect values in fauna and flora. Appropriate survival units include species populations and ecosystems. Increasingly the ultimate survival unit isglobal; and humans have a responsibility to the planet Earth. Human political systems are not well suited to protect life atglobal ranges. National boundaries ignore (...) important ecologicalprocesses; national policies do not favor an equitable distribution of sustainable resources. But there are signs of hope. (shrink)

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

OBJECTIVES: To analyse the attitudes of medical personnel towards terminally ill patients and their right to be fully informed. DESIGN: Self-administered questionnaire composed of 56 closed questions. SETTING: Three general hospitals and eleven health centres in Granada (Spain). The sample comprised 168 doctors and 207 nurses. RESULTS: A high percentage of medical personnel (24.1%) do not think that informing the terminally ill would help them face their illness with greater serenity. Eighty-four per cent think the patient's own home is (...) the best place to die: 8.9% of the subjects questioned state that the would not like to be informed of an incurable illness. CONCLUSION: In our opinion any information given should depend on the patient's personality, the stage of the illness and family circumstances. Our study confirms that a hospital is not the ideal environment for attending to the needs of the terminally ill and their families. (shrink)

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

The Dutch government has a double moral message for Dutch parents. On the one hand, they expect mothers to work more hours outside the home; on the other hand, they expect parents to perform better in their parental tasks. New research shows again that in spite of all stimulation measures, Dutch women with children prefer their part-time jobs, and parents prefer not to leave their children to the responsibility of day care all week. To what extent is the government (...) allowed to oblige mothers to work more hours a week if the consequence is that the responsibility for upbringing shifts from parents to day care centres? (shrink)

Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 (...) and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

This paper discusses the work of Ismat Chughtai (1911–1991), a controversial writer whose long literary career extending over four decades roughly corresponds to the formative stages of the Indian women's movement. It interprets Chughtai's novella The Heart Breaks Free (1966) to forward an anti-teleological enquiry of the women's movement in India. This progressive teleology often suggested by a discussion of the ‘waves’, ‘stages’ or ‘phases’ of the Euro-American women's movement and adopted to postcolonial women's movements, such as those in India, (...) Jamaica and South Africa, is belied by the piecemeal legislative gains won by activist efforts. Some of the questions governing my enquiry are: What lessons can a questioning of teleology teach us about the gains and losses of postcolonial women's movements? If the alternative to teleology is, as I suggest, a genealogy, then what constitutes a genealogical enquiry into the women's movement in India? In face of apparent and self-acknowledged losses and ineffectiveness in recent times, would the movement's apparent unity across religious differences be a way of initiating such an inquiry or is another mode of analysis required? The paper directs attention to the Indian women's movement's attempts at bringing together women of different religious persuasions, legislative, and religious edicts related to Muslim women's right to co-habitation and divorce, and ‘cases’ that serve as testing points of the movement's struggle against religious and state authority. It also points to the neglected factor of economic security for women as a way in which a genealogical inquiry can proceed so as to strengthen the legislation and the movement itself. (shrink)

Thomas Christiano argues that democracies acquire a right to rule by being the unique embodiment of publicly accessible rules. Justice requires the equal advancement of the interests of all. However, due to the need for citizens to shape a common world despite disagreement and limitations of human cognition, publicity is a necessary constraint on the pursuit of justice. Given that democracy is necessary to secure public equality, democratic authority is thus justified, as democracy is the only political arrangement that satisfies (...) both the publicity constraint and equality requirement. Christiano’s argument depends on a claim that individuals should be given the right to advance what they take to be their interests. This right is defended through two interlocking claims. First, according individuals this right advances three fundamental interests: i) correcting cognitive biases; ii) being at home in the world; and iii) equal moral standing. Second, the three fundamental interests imply that any collective decision-making procedure must be publicly accessible. Thus, any argument against the right to judge for oneself either violates the publicity requirement or the equality constraint. In this paper, I argue that Christiano’s argument faces a problem—under a two-stage plural voting system, an unequal distribution of voting rights can satisfy both the publicity requirement and the equality constraint. Thus, Christiano’s claim that public equality requires an equal distribution of the right to judge for oneself is mistaken. (shrink)

House raids represent the genre of military acts which fall within the grey zone of war and peace ? counterinsurgency, post-conflict operations, or phase IV operations (a.k.a. Operations Other Than War) ? in which the Geneva Conventions and their Protocols may reveal protection gaps. This article reviews accounts of the execution of house raids contained in the military literature and compares them to the testimony of soldiers and observers recorded in the media. It assesses the relevant provisions of humanitarian law (...) as pertaining to the necessity, distinction, and proportionality of actions. Further, it highlights the specific human rights and humanitarian standards addressing terror, arbitrary intrusion into the home, violations of honor, and humiliation. The conclusion emphasizes the importance of taking into account gender and cultural considerations to properly address the interests of family members ? i.e., women, children, and the elderly who are most affected by house raids. (shrink)

In 2008, the Minister of Health for Iceland issued a new regulation intended to govern assessment practices related to placement in nursing homes. One of the aims of the regulation was to ensure that those with the most severe need would have priority. This would be achieved, in part, by requiring older people to exhaust all available community‐based service options before an assessment for placement would even take place. The new regulation was received with some hostility and criticism on the (...) part of older people and their relatives, who described the changed expectations as ‘abandonment’ by the authorities. We present our analysis of these changes by examining how older people and families are reconfigured through the new policy and argue that this ‘new’ practice of de‐institutionalization is underpinned by a shifting epistemic and normative context that is working to create a new identity and a different way of life in advanced age in Iceland. The analysis has implications for other nations as well, as much policy related to older people is broadly informed by this idea that ‘home is best’, that is, the idea that more care simply needs to happen outside of institutional settings. (shrink)

The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR’s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court’s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR’s judgments. Using case studies from the UK and Russia, this article identifies (...) two factors that are critical for the domestic implementation of the Court’s rulings: strong domestic, democratic institutions dedicated to implementing the ECtHR’s judgments and an overarching sense of responsibility to set a good example at home and abroad for respecting human rights and the rule of law. This article concludes with a discussion of the steps necessary to facilitate better implementation of the ECtHR’s rulings. (shrink)

The South African government announced the much-discussed stay-at-home order between March 27 and April 30, 2020, during what was known as lockdown level 5, which meant that citizens were not allowed to leave their homes. The objective of this study is to assess the stay-at-home order against the global principles of the UDBHR. It is deducible that, in reference to the UDBHR, the government possessed the right to curtail individual liberty, thereby not infringing on Article 5 of the (...) UDBHR and therefore, in this context, passes the test of the UDBHR. However, it remains uncertain at present whether the limitation of freedom imposed by the South African stay-at-home order was successful in controlling the spread of COVID-19 and protecting individuals from harm. Initial investigations also indicate that individuals who are particularly vulnerable may not have received equitable treatment in accordance with the principle outlined in Article 10, therefore, it can be cautiously and modestly argued that the stay-at-home order does not withstand scrutiny when assessed against the UDBHR. Given the continued discussion about the efficacy of limiting freedom to control the spread of COVID-19, and the growing conviction that the advancement of justice is being called into question, the notion of least restriction ought to be considered seriously. Ten Have (2022) is correct in asserting that global bioethics should also seriously consider other principles beyond an almost exclusive focus on limiting individual freedom. The preliminary conclusion is that the potential implementation of the stay-at-home order in the future must be seriously reconsidered. (shrink)

The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or a contract pregnancy. (...) In an earlier paper, we challenged this system of parental licensing by showing that arguments in favour of it do not succeed. One argument we failed to consider, however, is that prospective biological parents have a right to reproduce that protects them against the sort of state interference that is involved in parental licensing. According to this argument, because prospective adoptive parents do not exercise a similar right when attempting to become parents, they are not similarly protected. In this paper, we argue that this reproductive rights argument, like other arguments in favour of the status quo on parental licensing, is flawed. We also question whether people in fact have a right to reproduce, and in doing so distinguish this right from others that we think are legitimate, including a right to become a parent and a right to bodily autonomy. (shrink)

The aim of this article is to reveal how care workers in the home-help services handle the process when older people’s relocation to a residential home is under consideration. Since the care workers are engaged daily in defining care receivers’ needs and yet have no formal influence on care decisions in Sweden, the focus is on how they solve this dilemma. In this inductive study, the theoretical framework is based on occupational alliances, relationship-based practice, and discretion. Thirty-three care (...) workers in home-help services are included in open semi-structured interviews. Prominent features in the findings are that the care workers take their stand at the borderland of care management, when they know or try to find out what is right. The conclusions drawn are that care workers find ways to informally influence the decision-making process, quite contrary to the idea of approaches referred to as purchaser/provider models. The implications for social work policy and practice are that a distinction between assessment and intervention may not benefit the field of eldercare and should therefore be regarded as an area in need of thorough reconsideration. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 46, no. 2. © 2020 by Feminist Studies, Inc. 403 Gyanendra Pandey Men in the Home: Everyday Practices of Gender in Twentieth-Century India This article responds to a call by feminist historians of South Asia to attend to the “complex experience of family” as conditioned by age, gender, and class, and the ordinary “daily practices of gender” in the domestic arena.1 My essay focuses on the (...) comparatively neglected aspect of men’s domesticity—their performance of life in the home—as revealed in the writings and practices of prominent nationalist thinkers and activists who lived and worked in an era of militant anticolonial agitation in India. The domestic sphere, with its assigned gender roles and routines, was at the heart of major debates between the colonizers and the colonized about the meaning of culture and enlightenment. “Among rude people, the women are generally degraded; among civilized people they are exalted,” James Mill declared, in his classic statement on domestic manners.2 From Mill, writing in the second decade of the nineteenth century, to Katherine Mayo in the third decade of the twentieth, colonialist 1. Indrani Chatterjee, introduction to Unfamiliar Relations: Family and History in South Asia, ed. Indrani Chatterjee (Delhi: Permanent Black, 2004), 4; Mrinalini Sinha, “A Global Perspective on Gender: What’s South Asia Got to Do with It?” in South Asian Feminisms, ed. Ania Loomba and Ritty A. Lukose (Durham: Duke University Press, 2012), 359. 2. James Mill, The History of British India, 4th ed. (1817), edited by H. H. Wilson, vol. 1 (London: James Madden, 1848), 309. 404 Gyanendra Pandey writers dredged up the condition of women, familial relations, and domestic life in India to demonstrate the necessity of colonialist-initiated improvement and reform.3 Colonial rule thus provided the impetus for “a thoroughgoing re-evaluation of Indian ‘tradition’ along lines more consonant with [a] ‘modern’ economy and society.”4 Faced with insistent colonial critique, nationalist reformers and thinkers set out to controvert suppositions about the fallen state of Indian women and the oppressiveness of Indian homes. They also further sought to ameliorate conditions where these had deviated from their version of a glorious past. The Hindi/Urdu writer Premchand sums up the nationalist rebuttal in a 1931 essay entitled “Nari-jati ke adhikar” (“The Rights of Women”): “In fact, the Indian woman has always been considered the goddess of the home, and she has a higher status than men in the society.” For a variety of reasons, Premchand suggests, women fell from this preeminent position over time and men began to appropriate the established rights of women. “But,” he concludes, “the [new] wave of nationalism and enlightenment that has arrived now will obliterate all these [gender] distinctions, and our mothers [sic] will be re-installed in the exalted place that is their right.”5 It was in this way that early nationalist thinkers and spokespersons produced an argument about the existence of a sacred and relatively uncolonized “inner” space of Indian society, as contrasted with a more quickly changing, compromised, and negotiated “outer” space. In what is now a familiar precept in South Asian gender history, women were cast as the (predominant) custodians of “tradition” in private and in public life; men were (predominantly) the instruments of national, social, and cultural transformation in the wider, public domain. With this framing came propositions about the need for rapid progress in the “outer” realms of science, industry, and voluntary association as well as the later goals of welfare and development, secularism, and socialism. The push 3. Ibid.; Katherine Mayo, Mother India (London: Jonathan Cape, 1927). 4. Lata Mani, “Contentious Traditions: The Debate on Sati in Colonial India,” in Recasting Women: Essays in Indian Colonial History, ed. Kumkum Sangari and Sudesh Vaid (Delhi: Kali for Women, 1989), 88. Mani makes a powerful critique of the so-called “Indian tradition” and of claimed colonial efforts to improve Indian society. 5. Premchand, “Nari-jati ke adhikar,” in Vividh Prasang, vol. 3, ed. Amrit Rai (Allahabad, India: Hans Prakashan, 1980) 249. Gyanendra Pandey 405 for such advancements developed alongside a more guarded approach to change in the “inner” world and its inherited store of spiritual resources— symbolized above all... (shrink)

The European Union Data Protection Regulation will have profound implications for public health, health services research and statistics in Europe. The EU Commission's Proposal was a breakthrough in balancing privacy rights and rights to health and healthcare. The European Parliament, however, has proposed extensive amendments. This paper reviews the amendments proposed by the European Parliament Committee on Civil Liberties, Justice and Home Affairs and their implications for health research and statistics. The amendments eliminate most innovations brought by (...) the Proposal. Notably, derogation to the general prohibition of processing sensitive data shall be allowed for public interests such as the management of healthcare services, but not health research, monitoring, surveillance and governance. The processing of personal health data for historical, statistical or scientific purposes shall be allowed only with the consent of the data subject or if the processing serves an exceptionally high public interest, cannot be performed otherwise and is legally authorised. Research, be it academic, government, corporate or market research, falls under the same rule. The proposed amendments will make difficult or render impossible research and statistics involving the linkage and analysis of the wealth of data from clinical, administrative, insurance and survey sources, which have contributed to improving health outcomes and health systems performance and governance; and may illegitimise efforts that have been made in some European countries to enable privacy-respectful data use for research and statistical purposes. If the amendments stand as written, the right to privacy is likely to override the right to health and healthcare in Europe. (shrink)

This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling (...) duties to assist the global poor. Since the human right to stay is entailed by values that feature prominently in the philosophical debate on immigration, the article further contends that participants in that debate have particular reason to reject the popular ‘choice view’ and endorse the alternative position presented in the article. (shrink)

Assess to quality diets is a basic human right. Geographical challenges and cultural traditions have contributed to the widespread malnutrition present among ethnic minorities of mountainous areas in Northwest Vietnam. Home gardens can play a role in increased diet diversity and micronutrient intakes. However, low production yields and plant diversity in ethnic home gardens have limited their contributions to household food security and nutrition. The pilot study tested a home garden intervention in weekly vegetable harvests and increasing (...) household production and consumption of diverse vegetables year-round. Food ethics issues encountered included limited access to quality food by resource-poor groups, conflicts arising from low preference and value given to some nutritious foods, limited access to information and technology for food production and consumption, each of which were addressed in the study design. The intervention includes: (1) nutrition-focused home garden training and (2) locally-adapted home garden packages consisting of garden planning, technical assistance, and high-yielding seed varieties. Twenty households from two ethnic villages in Son La province participated in the study and were randomly assigned into two groups (intervention and non-intervention). The total vegetable supply from weekly harvests of home garden produce was significantly higher in the intervention households (226 kg) compared to the non-intervention households (39 kg). The intervention group yielded 5.8 and 1.7 times more vegetables by weight and weight per area than those without the intervention. The vegetables were mainly consumed at home for both groups, but the intervention households gave more vegetables as gifts to neighbors. The intervention group cultivated a higher diversity of vegetables with a total of 42 different vegetables compared to 24 in the non-intervention group, which is reflected in an overall higher nutritional yield of vitamin A, iron, other micronutrients and phytochemicals. The home garden training significantly improved the amount, diversity and continuity of household food and nutrient supply. The home garden model is effective and could be scaled up to improve household vegetable supply and consumption, particularly in Northwest Vietnam. (shrink)

In December 2007 it was revealed that the British government is considering the exclusion of certain groups of migrants—those considered to be present “illegally”—from primary health care provided by the National Health Service. At present, practitioners have discretion to accept any individual for NHS treatment regardless of their status. A joint Home Office and Department of Health review is examining this access for foreign nationals, and the likely outcome is the restriction of access to irregular migrants, which would, according (...) to the Institute of Public Policy Research, affect around 390,000 people. In 2004 such groups were excluded from NHS secondary care, most controversially from treatment for HIV, and so the present proposal would bar them from all but emergency health treatment. (shrink)

Background: Demographic trends indicate growth of population aged 65 and older in Western countries. One of the greatest challenges is to provide high-quality care for all. Technological solutions designed for older people, gerontechnology, can somewhat balance the gap between resources and the increasing demand of healthcare services. However, there are also ethical issues in the use of gerontechnology that need to be pointed out. Purpose: To describe what ethical issues are related to the use of gerontechnology in the care of (...) community-dwelling older people. Methods: A scoping review was performed to identify and analyse studies concerning ethical issues when using gerontechnology in the home care of older people. The literature search was limited to studies published after 1990 and addressed to the electronic databases CINAHL, PubMed, Cochrane, Medic, IEEE Explore and Web of Science. The search was performed in July−August 2018. Data from empirical studies were analysed using thematic analysis. Ethical considerations: This scoping review was conducted in accordance with good scientific practice. The work of other researchers was respected and cited appropriately. Results: A total of 17 studies were identified. Two main themes were found. ‘Balancing between the benefits of using gerontechnology and the basic rights of older people’, consisted of the subthemes safety, privacy and autonomy. The other main theme, ‘Gerontechnology as a risk of insecurity for older people’, included the subthemes fear of losing human contact and concern and fear. Surveillance and monitoring technologies were mainly studied. Conclusion: These results suggest that there may be ethical issues related to the use of gerontechnology and they must therefore be taken into consideration when implementing technology in the care of community-dwelling older people. (shrink)

This article examines women’s rights to property in marriage, upon divorce, and upon the death of a spouse in Uganda, highlighting the problematic aspects in both the state-made (statutory) and non-state-made (customary and religious) laws. It argues that, with the exception of the 1995 Constitution, the subordinate laws that regulate the distribution, management, and ownership of property during marriage, upon divorce, and death of a spouse are discriminatory of women. It is shown that even where the relevant statutory laws (...) are protective of women’s rights to property, their implementation is hindered by customary law practices, socialization, and the generally weak economic capacity of many women in the country. The article delves into the even weaker position of women’s rights to matrimonial property at customary and religious laws. In many homes, wives provide labor to support their husbands without having a stake in the use or monetary benefit from it. Under Islamic law regulating intestate succession to property, the entitlements for widows fall short of the constitutional standards on equality and non-discrimination. Polygyny is widely practiced by Muslims implying that the widows share the one eighth whenever there are children or one fourth in cases when there are no children. Radical reforms such as adopting an immediate community property regime instead of the present separate property regime are inevitable if women’s rights to property are to advance. (shrink)

This paper uncovers a distinctively social type of injustice that lies in the kinds of wrongs we can do to each other specifically as social beings. In this paper, social injustice is not principally about unfair distributions of socio-economic goods among citizens. Instead, it is about the ways we can violate each other’s fundamental rights to lead socially integrated lives in close proximity and relationship with other people. This paper homes in on a particular type of social injustice, which (...) we can call social contribution injustice. The paper identifies two distinct forms of social contribution injustice. The first form involves compromising a person’s social resources so as to deny her adequate scope to contribute socially. The second form involves unjustly misvaluing a person as a social contributor, usually by not taking her seriously as a social contributor. (shrink)

As drug testing has become increasingly used to maximize corporate profits by minimizing the economic impact of employee substance abuse, numerous arguments have been advanced which draw the ethical justification for such testing into question, including the position that testing amounts to a violation of employee privacy by attempting to regulate an employee's behavior in her own home, outside the employer's legitimate sphere of control. This article first proposes that an employee's right to privacy is violated when personal information (...) is collected or used by the employer in a way which is irrelevant to the terms of employment. This article then argues that drug testing is relevant and therefore ethically justified within the terms of the employment agreement, and therefore does not amount to a violation of an employee's right to privacy. Arguments to the contrary, including the aforementioned appeal to the employer's limited sphere of control, do not account for reasonable constraints on employee privacy which are intrinsic to the demands of the workplace and implicit in the terms of the employment contract. (shrink)

In May 2021, when the Delta variant of SARS-CoV2 was wreaking havoc in India, the Australian Federal Government banned its citizens and residents who were there from coming back to Australia for 14 days on penalty of fines or imprisonment. These measures were justified on the grounds of protecting the broader Australian public from potentially importing the Delta strain, which officials feared would then seed a local outbreak. Those Australians stranded in India, and their families and communities back home, (...) claimed that they were abandoned by Prime Minister Scott Morrison’s government. This case—along with other barriers used as part of border control measures in the name of public health—raises the following question: is it ever morally permissible for a state to ban its citizens and residents from entering their own country during a pandemic? I conclude that it’s impermissible. I argue that persons have a right of entry that should be understood as a security right. This security right should be non-derogable because it’s a foundational good that is necessary for life-planning purposes. Moreover, it is a right that people should be able to rely upon absolutely, even during pandemics. At the very least, should someone believe that there are rare exceptions to the right of entry on public health grounds, governments have a duty—grounded in the principle of reciprocity—to support those who are temporarily denied entry. In the case of Australians stranded in India, I will argue that the Australian Federal Government failed on all accounts. (shrink)

In October of 2009, Trevor Keezer was terminated by Home Depot for refusing to remove a pin from his uniform declaring “One Nation under God, Indivisible.” Mr. Keezer, a cashier with Home Depot, contended that the button he had worn for over one year before any action was taken by his employer expressed his support for American troops and his Christian faith. Were the actions taken by his employer warranted or was Mr. Keezer the victim of arbitrary religious (...) discrimination unrelated to job performance? Religion is becoming an increasingly polarizing issue in the workplace, forcing retail managers to balance the respective interests of employees, coworkers, and patrons of retail establishments. And from all indications, if legislation pending in Congress is enacted, maintaining the balance will become more problematic. (shrink)

This article explores the relationship between Churchill’s view of Britain as the home of freedom and his broader conception of Western/European civilization. It considers: first, his attitude to Classical learning and culture; second, his experiences of European travel; and third, his attitude to the Bolsheviks (as much as the Nazis) as the barbaric antithesis of civilization. It is argued that his vision of the European future was linked both to his own experiences of free and civilized travel in the (...) Nineteenth Century and a growing scepticism about the speedier and more globalized locomotion of the Twentieth. Moreover, Churchill’s late-life commitment to the virtues of Classical learning, about which he had previously been sceptical, was connected to his post-WWII enthusiasm for European unity. He believed that a united Europe could act as a vehicle for spiritual and cultural values passed down from the ancient world which themselves had become a part of the continent’s Christian heritage. Although it has rightly been pointed out that Churchill was not a conventional religious believer, he still conceived ‘Christendom’ as a significant geopolitical space (with flexible boundaries) and he saw it as the spiritual inheritor of Greece and Rome. (shrink)

Zionism aimed to establish a national home for Jews in Palestine. It involved settlement of Zionist Jews in the region, despite facing resistance from many local Arabs. Was the unilateral Zionist settlement morally permissible, or was it an instance of wrongful colonialism? Three objections will be discussed here and they all stem from the Kantian ethics of state-building and the minimalistic conception of statehood that follows from it. According to the ‘neutralist objection’, the establishment of a national home (...) is not a just cause for a state building project. The ‘cosmopolitan’ objection argues that unilateral settlement is permissible only in extreme circumstances and that typically, it violates the locals’ right to self-rule. Finally, the imperialist objection argues that Zionist unilateralism exploited the wrongful colonial rule to which Arab Palestinians were subject. I will show that no Kantian objection to Zionism is decisive. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

The man behind the New York Times Magazine ’s immensely popular column “The Ethicist”–syndicated in newspapers across the United States and Canada as “Everyday Ethics”–casts an eye on today’s manners and mores with a provocative, thematic collection of advice on how to be good in the real world. Every week in his column on ethics, Randy Cohen takes on conundrums presented in letters from perplexed people who want to do the right thing (or hope to get away with doing the (...) wrong thing), and responds with a skillful blend of moral authority and humor. Cohen’s wisdom and witticisms have now been collected in The Good, the Bad & the Difference , a collection of his columns as wise and funny as a combination of “Dear Abby,” Plato, and Mel Brooks. The columns are supplemented with second thoughts on (and sometimes complete reversals of) his original replies, follow-up notes on how his advice affected the actions of various letter writers, reactions from readers both pro and con, and observations from such “guest ethicists” as David Eggers and the author’s mom. Each chapter also features an “Ethics Pop Quiz,” and readers will be invited to post their answers on the book’s Web site. The best of them will appear in a future paperback edition of the book. The Good, the Bad & the Difference is divided into seven sections: •Civic Life (what we do in public) •Family Life (what we do at home) •Social Life (what we do in other people’s homes) •Commercial Life (what we do in situations where money is a factor) •Medical Life (the rights and obligations of patients and caregivers) •Work Life (ethics for the professional sphere) •School Life (moral questions from and about kids) Each section provides a window into how we live today, shedding light on the ways in which a more ethical approach to the decisions we make, and to our daily behavior, can make a big difference in how we feel about ourselves tomorrow. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Driven from Home: Protecting the Rights of Forced Migrants Edited by David Hollenbach, SJ, and: Kinship across Borders: A Christian Ethic of Immigration by Kristen HeyerRené M. Micallef SJDriven from Home: Protecting the Rights of Forced Migrants EDITED BY DAVID HOLLENBACH, SJ Washington DC: Georgetown University Press, 2010. 296 pp. $20.46Kinship across Borders: A Christian Ethic of Immigration KRISTEN HEYER Washington DC: Georgetown University (...) Press, 2012. 210 pp. $29.23Although based on a conference held at Boston College in November 2008, Driven from Home is no less timely today, given the context of current debates on immigration in the United States, the European Union, Australia, and the Middle East. David Hollenbach’s introduction explains how the book brings together Christian (mostly Catholic) theologians, human rights activists, humanitarian practitioners, and legal scholars to help us focus on a class of persons referred to as “forced migrants” or “persons needing protection.” These individuals are neither classical “convention refugees” (according to international law definitions) nor are they simply “migrant workers” (in the classical sense) since their basic human rights to security and subsistence cannot [End Page 230] be adequately guaranteed in their home country or region. They do not emigrate merely in search of a higher standard of living; rather, forced migrants enter and settle in foreign lands seeking some sort of “protection” similar to that afforded to “conventional” refugees. More concretely, the book focuses on persons on the move—individuals fleeing violence and the extreme poverty rampant in regions devastated by ecological degradation and natural disasters.Extending the logic of the 1952 Refugee Convention and adapting it to the realities of today, one can argue convincingly that the international community has a duty to protect such persons when their states of origin are structurally unable or unwilling to afford protection (as argued in Susan Martin’s essay). However, paternalistic approaches that diminish rather than augment the agency of local governments and migrants are to be avoided (as maintained in M. Brinton Lykes’ essay). The book helps us reflect on what can be done to guarantee the basic rights of forced migrants not only at the level of international law and institutions but also through domestic and regional policymaking spurred and inspired by both Christian and secular global-humanitarian values. Such values are eminently compatible when applied to this particular issue (see Silvano Tomasi’s contribution). Agbonkhianmeghe Orobator’s essay—which offers insightful reflections (albeit rather general ones) from Christian ethics, ecclesiology, and biblical theology—likewise points to the need for a truly interdisciplinary approach to the issue. The other authors help the book achieve precisely this. Theological ethics finds its own distinctive place and voice in dialogue with a range of perspectives: legal and political sciences and case studies (Frank Brennan, Daniel Kanstroom); philosophical approaches (Arash Abizadeh); and sociological research on particular migrant populations (M. Brinton Lykes, Maryanne Loughry). The book includes essays that integrate case studies, technical reflections, useful summaries of theological principles and doctrines (J. Bryan Hehir, Mary M. DeLorey, and Tomasi), and philosophical stances (Abizadeh, Thomas G. Weiss), and present practical and legal proposals (see Martin’s essay). A stimulating read for scholars and for the general public, the volume provides good training material for faith-based activists and practitioners.The argumentation strategy in many of the essays in Driven from Home is to appeal to the reader’s sense of solidarity with the needy or suffering neighbor. It promotes the virtues of hospitable citizenship and hospitable disciple-ship while carefully trying to convince national and international policymakers to reinforce and expand the international protection regime. Emboldened by the 2005 “Responsibility to Protect” breakthrough at the United Nations, the authors seek to remain acceptable to a wide audience in an atmosphere of resurgent nationalism, nativism, and protectionism. The authors generally avoid harsh critiques of Westphalian models of sovereignty and do not dwell [End Page 231] on the Catholic doctrines of the universal destination of created goods and the (circumscribed) right to immigrate (and not only to emigrate). Rather, they seek to introduce a new protection niche without fundamentally challenging the prevailing ideology of sovereignty, gently proposing new legal instruments as though they... (shrink)

This paper has a twofold aim in determining who should be granted electoral rights at the state level, one negative and another positive. The negative part deconstructs the link between state-level political membership and citizenship and contests naturalization procedures. This approach argues that naturalization procedures, when coercively used as a necessary condition for accessing electoral rights at the state level, are both inconsistent with liberal democratic ideals and an inexcusable practice in liberal democratic states. The positive part of (...) the paper seeks to establish what – if not the acquisition of citizenship –could determine state-level political membership for non-citizens. In other words, it attempts to explain how and in what conditions non-citizens may become political members of a state without naturalizing. This approach considers the most prominent arguments that base state-level political membership on residency, i.e. residency as a legal status granted by the previous members of the community and residency as physical presence within a defined jurisdiction. It argues that, in a world of increasing human mobility across borders, while the former way of understanding residency might be too restrictive, the latter might be too banal to forge membership ties that form a political community. Domicile is the proposed alternative, introduced as a type of residency that is self-given and remains stable despite numerous changes of residency. Domicile is a legal term that indicates where a person officially registers her permanent home even when residing abroad. In sum, this is an argument against naturalization as the access door for electoral rights at the state level and in favor of defining membership in the political community based on domicile. (shrink)

This reflection considers recent United Nations’ normative developments in international human rights law and their potential to assess, with a gender perspective, retrogressive economic policies being promoted by International Financial Institutions in the context of the COVID-19 pandemic. Orthodox and androcentric economic policies, such as structural adjustment, austerity, privatisation and deregulation of labour and financial markets, normally have devastating effects on women’s rights. Yet, the financial responses with which IFIs are trying to help states manage the effects of (...) the pandemic seem to continue promoting those androcentric economic policies. This piece concludes that ex ante human rights and gender impact assessments of multilateral loans’ conditionalities should be conducted and that women’s participation in this process as well as access to adequate quantitative and qualitative data to understand the differentiated effects of those economic policies on gender equality, are crucial. These reflections were born out of the authors’ own family and country challenges. (shrink)

In this article the authors discuss the decision of the House of Lords in Adam, Limbuela and Tesema, where the judges gave detailed scrutiny to the support duty s.55 of the Nationality, Immigration and Asylum Act 2002 towards those who are seeking asylum and considered the approach to be adopted in determining whether there was an incompatibility with Art.3 of the European Convention on Human Rights if support was denied.

This article examines the home rapid HIV test as a new practice of US biocitizenship. Via an analysis of discourse surrounding self-diagnostics, I conclude that while home HIV tests appear to expand consumer rights, they are in fact the vanguard of a new form of self-testing that carries a moral urgency to protect one’s own body and to manage societal risk. In addition, these tests extend biomedical authority into the private domain, while appearing to do the exact (...) opposite. Furthermore, access to these tests may be stratified, contradicting the intent expressed by the manufacturer to reach populations in need of it most and reinforcing stigma against them. Lastly, diagnostics such as the rapid home HIV test represent new obligations for surveillance of one’s own health and that of others. The new public health effort to test the population at large has given rise to a new ‘risky’ population: the untested bodies. (shrink)

When in 2001 Earth Liberation Front activists drove metal spikes into hundreds of trees in Gifford Pinchot National Forest, they were protesting the sale of a section of the old-growth forest to a timber company. But ELF's communiqu on the action went beyond the radical group's customary brief. Drawing connections between the harms facing the myriad animals who make their home in the trees and the struggles for social justice among ordinary human beings resisting exclusion and marginalization, the dispatch (...) declared, "all oppression is linked, just as we are all linked," and decried the "patriarchal nightmare" in the form of "techno-industrial global capitalism." In Total Liberation, David Naguib Pellow takes up this claim and makes sense of the often tense and violent relationships among humans, ecosystems, and nonhuman animal species, expanding our understanding of inequality and activists' uncompromising efforts to oppose it. Grounded in interviews with more than one hundred activists, on-the-spot fieldwork, and analyses of thousands of pages of documents, websites, journals, and zines, Total Liberation reveals the ways in which radical environmental and animal rights movements challenge inequity through a vision they call "total liberation." In its encounters with such infamous activists as scott crow, Tre Arrow, Lauren Regan, Rod Coronado, and Gina Lynn, the book offers a close-up, insider's view of one of the most important--and feared--social movements of our day. At the same time, it shows how and why the U.S. justice system plays to that fear, applying to these movements measures generally reserved for "jihadists"--with disturbing implications for civil liberties and constitutional freedom. How do the adherents of "total liberation" fight oppression and seek justice for humans, nonhumans, and ecosystems alike? And how is this pursuit shaped by the politics of anarchism and anticapitalism? In his answers, Pellow provides crucial in-depth insight into the origins and social significance of the earth and animal liberation movements and their increasingly common and compelling critique of inequality as a threat to life and a dream of a future characterized by social and ecological justice for all. (shrink)

The impact of globalization on human rights has generated substantial debate. On the one hand, those making liberal, free-market arguments assert that globalization has a positive impact on developing countries through the increased generation of wealth (e.g., Garrett 1998; Richards et al. in International Studies Quarterly 45:219–239, 2001; Rodrik in Challenge 41:81–94, 1997). On the other hand, the critical perspective claims that globalization negatively impacts respect for human rights because trading arrangements, while open, are detrimentally uneven (e.g., Carleton (...) 1989; Haggard and Maxfield 1996; Stiglitz and Charlton 2005). However, few have looked at the relationship between globalization and respect for economic and social rights. In order to test this relationship, I examine non-OECD countries utilizing two-stage regression analysis to control for investment-selection factors. I find mixed results for the hypothesis that globalization negatively affects respect for economic and social rights. Consistent with Richards et al. (International Studies Quarterly 45:219–239, 2001), I conclude by arguing for the need to disaggregate globalization in order to determine its true effects. (shrink)

Over the course of the Progressive Era, revised scientific accounts of the connections between dust, germs, and disease recast debates over public health. The American School of Home Economics and other institutions affiliated with the emerging subfield of household bacteriology regarded detecting and eliminating pathogens as necessary means to achieve safer homes and communities. Although several historians have attributed the rise of early twentieth-century technocracy and the decline of grassroots health activism to germ theory, household bacteriology complicates this standard (...) narrative. Educators like Sophronia Maria Elliott (1854–1942) rejected the command-and-control tactics of the “new” public health and instead instructed women how to culture microorganisms and to measure the risks of infection within their surrounding environments using kitchen experiments. Household bacteriologists aspired to train “sanitary citizens” with the right and the duty to test for germs with everyday equipment, to prevent disease with effective housekeeping, and to advocate for policies and infrastructure to keep society well. (shrink)

Kant’s example of lying to the murderer at the door has been a cherished source of scorn for thinkers with little sympathy for Kant’s philosophy and a source of deep puzzlement for those more favorably inclined. The problem is that Kant seems to say that it’s always wrong to lie – even if necessary to prevent a murderer from reaching his victim – and that if one does lie, one becomes partially responsible for the killing of the victim. If this (...) is correct, then Kant’s account seems not only to require us to respect the murderer more than the victim, but also that we somehow can become responsible for the consequences that ultimately result from someone else’s wrongdoing. After World War II our spontaneous negative reaction to this apparently absurd line of argument is brought out even more starkly by making the murderer at the door a Nazi officer looking for Jews hidden in people’s homes. This paper argues that Kant’s discussion of lying to the murderer at the door has been seriously misinterpreted. The suggested root of the problem is that the Doctrine of Right has been given insufficient attention in Kant interpretation. It is in this work we find many of the arguments needed to understand Kant’s analysis of lying to the murderer in “On a Supposed Right to Lie from Philanthropy”. When we interpret this essay in light of Kant’s discussion in the Doctrine of Right, we can make sense of why lying to the murderer isn’t to wrong the murderer, why we nevertheless become responsible for the consequences of the lie and why choosing to lie to do wrong ‘in the highest degree’. Finally, the Doctrine of Right account of rightful relations makes it possible for us to analyze the example when we make the murderer at the door a Nazi officer. (shrink)

ABSTRACT There is a growing acceptance of user rights models with regard to dependent populations such as nursing home residents, but classic theories of rights presuppose levels of human rationality and human agency often lacking in the case of highly dependent populations. While user rights models have strong advantages at a rhetorical level, the reduced capacity for dependent groups to assert their rights constitutes a significant structural limitation. Policies, practices and regulatory strategies developed on the (...) assumption that very dependent groups can indeed assert such rights thus proceed on a premise which is fatally flawed. (shrink)

This article uses narrative accounts of women who are intended parents to show the health and financial implications of infertility treatments, underregulation, and lack of funding in the United States and abroad. It argues that providing access to infertility treatment and regulating for safety are necessary means of protecting the health of women diagnosed with infertility and women who, through the sale of their reproductive goods and services, are the catalysts to conception. Many moral ambiguities arise from the utilization of (...) assistive reproductive technologies to treat infertility, requiring careful scrutiny of market and nonmarket values. (shrink)

Zen is not just about what we do in the meditation hall, but what we do in the home, the workplace, and the community. That's the premise of this book: how to cook what Zen Buddhists call "the supreme meal"—life. It has to be nourishing, and it has to be shared. And we can use only the ingredients at hand. Inspired by the thirteenth-century manual of the same name by Dogen, the founder of the Japanese Soto Zen tradition, this (...) book teaches us how we can "enlarge the family we're feeding" if we just use some imagination. Bernie Glassman founded Greyston Bakery in Yonkers, New York, in 1982 to employ those whom other companies deem unemployable—the homeless, ex-cons, recovering addicts, low-skill individuals—with the belief that investing in people, and not just products, does pay. He was right. Greyston has evolved into an $8 million-a-year business with clients all over New York City. It is the sole supplier of brownies to Ben & Jerry's Ice Cream, and has even sold cakes to the White House. But financial profit is only one of two bottom lines that Greyston is committed to. The other one is social impact, and this goal is certainly being met. The bakery enterprise has led to the creation of the Greyston Foundation, an integrated network of organizations that provide affordable housing, child care, counseling services, and health care to families in the community. Using entrepreneurship to solve the problems of the inner city, Greyston has become a national model for comprehensive community development. Its giving back is more than just sloughing off a percentage of its profits and donating it to charity; it's about working with the community's needs right from the beginning—bringing them from the margins to the core. As its company motto goes, "We don't hire people to bake brownies. We bake brownies to hire people." This book is as much a self-manual as a business manual, addressing such concepts as • Beginner's mind • The Middle Way of Sustainability • The "hungry ghosts" of Buddhism as a picture of all humanity • Working with our faults • Indra's Net and the interconnectedness of life • Leaving no trace. (shrink)

TO THE LOGICAL INVESTIGATIONS A DRAFT OF A PREFACE TO THE LOGICAL INVESTIGATIONS ( 1913) Edited by EUGEN FINK Translated with Introductions by PHILIP J. BOSSERT and CURTIS H. PETERS • MARTINUS NIJHOFF THE HAGUE 1975 © I975 by Martinus Nijhoff. The Hague. Netherlands All rights reserved. including the right to translate or to reproduce this book or parts thereof in any form ISBN-I3: 978-90-247-1711-8 e-ISBN-I3: 978-94-010-1655-1 DOl: 10. 1007/978-94-010-1655-1 TO HERBERT SPIEGELBERG ESTEEMED SCHOLAR, MENTOR, FRIEND ACKNOWLEDGEMENTS We would (...) like to express our thanks to H. L. Van Breda, director of the Husserl-Archiv (Louvain), for his approval and encouragement of this project, and to Professor Dr. Gerhart Husserl, Professor Dr. Eugen Fink and the editors of Tijdschrift voor Philosophie for their permission to undertake it. We also owe a debt of appreciation to Dr. Karl Schuhmann of the Catholic University of Louvain and to Dr. Elmar Holenstein, Dr. Edi Marbach and Mr. Rudolf Bernet of the Husserl-Archiv (Louvain) for their help in reading the original manuscripts and for putting their excellent knowledge of the Husserl "Nachlass" preserved at the Archives at our disposal. We especially wish to thank Professor Herbert Spiegelberg whose careful and critical reading of our manuscript at an earlier stage resulted in numerous suggestions for its improvement; and, last but not least, our wives, Jane and Pam, for their help in preparing the typescripts. TABLE OF CONTENTS Translator's Introductions XI I. HISTORICAL INTRODUCTION XI II. THEMATIC INTRODUCTION XX III. (shrink)

Fiona Allon writes that “ home, now more than ever, is seen as firmly connected to the world of politics and economics, as actively shaped and defined by the public sphere rather than existing simply as a refuge from it.” 1 From this perspective, claims to home as they are located in a relationship to claims of both national and local belonging are often a contested site within Australia, where notions of who is seen to be at (...) class='Hi'>home in Australia are constantly being challenged and reworked. Structured around the desire amongst white people to retain Australia as a “white nation,” claims to home may be seen as operating in complex ways in regards to the rights that arise from the ongoing existence of Indigenous sovereignties, and the politics surrounding levels of immigration from groups of people perceived as belonging to minority racial groups. In this context, the notion of home is frequently drawn upon in relation to both how people perceive the way in which they, and others, belong in a country, and this raises questions surrounding who is legitimately able to call Australia home. Such discourses of home evoke feelings of ownership in people who feel that they have a legitimate claim to a country for reasons primarily of race or location of birth. In Australia, despite the powerful presence and voice of Indigenous peoples, popular perceptions of the country tend to place such homely rights firmly in the laps of white people, who, through images of white nuclear families in front of white picket fences, perceive themselves as already and rightfully at home in Australia. Yet such conceptions of Australia are not accepted without struggle. Notions of home are very much contested, especially in terms of Indigenous sovereignty and non-white immigration, both of which question the legitimacy of a normatively white Australia. Such ideas of home as being a contested space in which issues of national belonging are played out in Australia were seen quite clearly in relation to the 2005 Cronulla riots, in which thousands of white Australians gathered around Cronulla beach, shouting at and threatening those located as “Lebanese Muslim” people. The people involved in the riots made it quite clear that whilst Australia was a home for them, it ought not to be home to people who were identified as Lebanese Muslims. Such racist opinions exemplified the fact that Australia is seen to be a white country, and therefore as a legitimate home to white people rather than to non-white minority groups or even to Indigenous Australians. This is discussed in more detail later in this paper. (shrink)

If we want to find inner peace and wisdom, we needn't move to an ashram or monastery. Our buddha nature--our natural warmth and insight--can be discovered right where we are, in the context of our relationships, our family lives, and in our efforts help and serve others. Popular spiritual teacher Jack Kornfield shares this and other key lessons gleaned from more than forty years of commited study and practice. A student of some of the most revered meditation masters of the (...) twentieth century, Kornfield offers keen observations about the rise of mindfulness practice in the West and shares his insights on finding freedom right where we are. Topics include: How to cultivate loving-kindness, compassion, joy, and equanimity. Conscious parenting. Overcoming the common obstacles to awakening. Spirituality and sexuality. Commiting ourselves to easing the suffering in the world. The way of forgiveness, and much more. (shrink)

Over twenty years after the 1989 General Assembly voted to open the Convention on the Rights of the Child for signature, the United States remains only one of two UN members not to have ratified it. The other is Somalia. This book explores the reasons for this resistance. The book highlights the priority of ethical human rights over legal human rights. Part One includes contributions by educators and child psychologists who favor and use the Convention even when (...) it is not ratified. Part Two includes two chapters by opponents of the Convention by home-schooling advocates. Part Three examines child rights in the developing world. (shrink)

On a dreary spring morning in late October 2006, two policemen drove their cruiser up Nkonjane Road in the K Section of KwaMashu, a former “Africans only” township about fifteen kilometers northwest of Durban. As the cruiser passed over K Section’s softly sloping hills, two men sat handcuffed together in the back. The officers parked the car in front of a house where a woman had reported being raped a few days prior. Leaving the two suspects in the car, the (...) officers alighted and walked up to the home. After greeting the victim, they asked her to step outside to identify the men. The victim, upon seeing the two men seated in the squad car, loudly screamed that they were the rapists... The crowd... (shrink)

This study investigates the antecedents of human rights infringements by emerging market firms. We used fuzzy set qualitative comparative analysis to examine HRIs in 245 firms based in eight emerging markets, between 2003 and 2012. Our findings disclose three equifinal configurations of high levels of HRIs, all involving EFs that have expanded to a high number of foreign markets: large, old, low performing state-owned enterprises operating in high quality institutions’ home and host markets, small, young, over-performing EFs operating (...) in low quality institutions’ home and host markets, and finally large, old, high performing SOEs, operating in low quality institutions’ home and host markets. We contribute to the literature by examining a novel dataset on HRIs by EFs, and by building a configurational explanation of HRIs that bridges the arguments of the institutional theory and strain theory literatures on corporate wrongdoing. (shrink)