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

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

The notion of human rights is highly controversial and contested in modern scholarship. However, human rights have been defined as ‘the rational basis… for a justified demand.’ What constitutes demand should be understood as that which is different from favor or privilege but one's due, free from racial, religious, gender, political inclinations. But since rights are basic due to the fact that they are necessary for the enjoyment of something else, we are poised to examine (...) it from the pre-figurative, configurative and post-figurative stages of development in Africa. This enterprise anchors on the belief in cosmotheandrisation of human rights in Africa: cosmos ‘earth’, theos ‘God’ and anthropos ‘human’. These three levels of horizontal and vertical relationship guarantee the respect for human rights in traditional Africa. Through this approach, this enterprise shows that the positive approach to human rights is majorly declarative without corresponding pragmatic manifestation. (shrink)

Human rights language is often used as a universal benchmark for moral criticism. However, its philosophical basis has been seriously questioned. The purpose of this study is to investigate the contributions of Christian ethics (1) to the reconstruction of a plausible conception of a human right and (2) to the elaboration of a satisfying justification of human rights. Three different Christian ethical models of human rights are set forth and evaluated.

It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

This ground-breaking book is designed to raise awareness of human rights implications in psychology, and provide knowledge and tools enabling psychologists to put a human rights perspective into practice. Psychologists have always been deeply engaged in alleviating the harmful consequences human rights violations have on individuals. However, despite the fundamental role that human rights play for professional psychology and psychologists, human rights education is underdeveloped in psychologists' academic and vocational training. (...) This book, the first of its kind, looks to change this, by: raising awareness among professional psychologists, university teachers and psychology students about their role as human rights promoters and protectors providing knowledge and tools enabling them to put a human rights perspective into practice providing texts and methods for teaching human rights. Featuring chapters from leading scholars in the field, spanning18 countries and six continents, the book identifies how psychologists can ensure they are practising in a responsible way, as well as contributing to wider society with a clear knowledge of human rights issues in relation to culture, gender, organisations and more. Including hands-on recommendations, case studies and discussion points, this is essential reading for professional psychologists as part of continuing professional development and those in training and taking psychology courses. (shrink)

Citizenship and human rights in tension : changes, issues and approaches -- Privileging human rights -- The illusive promise of human rights -- Politics and legalism -- Back to citizenship, an agonistic conception.

The “Universal Declaration of Human Rights” and the “Geneva Declaration” by the World Medical Association, both in 1948, were preceded by the foundation of the United Nations in New York (1945), the World Medical Association in London (1946) and the World Health Organization in Geneva (1948). After the end of World War II the community of nations strove to achieve and sustain their primary goals of peace and security, as well as their basic premise, namely the health of (...) human beings. All these associations were well aware of the crimes by medicine, in particular by the accused Nazi physicians at the Nuremberg Doctors Trial (1946/47, sentence: August 1947). During the first conference of the World Medical Association (September 1947) issues of medical ethics played a major role: and a new document was drafted concerning the values of the medical profession. After the catastrophe of the War and the criminal activities of scientists, the late 1940s saw increased scrutiny paid to fundamental questions of human rights and medical ethics, which are still highly relevant for today’s medicine and morality. The article focuses on the development of medical ethics and human rights reflected in the statement of important persons, codes and institutions in the field. (shrink)

Does public condemnation or shaming of human rights abuses by the United Nations influence foreign aid delivery calculus across Western donor states? I argue that countries shamed in the United Nations Human Rights Council encourage donor states to channel more aid via international and local non-governmental organizations. Furthermore, I find this effect to be more pronounced with increased media coverage. The findings of this paper suggest that international organizations do influence advanced democracies’ foreign policy. Moreover, the (...) paper also finds that donor governments do not punish recipient leaders by scaling back on government-to-government aid, which is more fungible, despite public condemnations of their human rights practices owing largely to strategic concerns. These results are robust to a number of alternative data and estimation techniques. (shrink)

The settlement of the Second World War yielded two important changes in the normative order of international relations. These are the prohibition of war except in self‐defence, expressed in the UN Charter and the limitation of sovereignty by a common set of protections of individuals, expressed in the Universal Declaration of Human Rights (UDHR). Looked at in historical perspective, these innovations are two dimensions of a single movement – a collective effort at the global level to impose discipline (...) on the external and internal behaviour of states. Neither innovation lacks ambition, but of the two, the more far‐reaching is certainly the doctrine of human rights. It aims to bring the domestic conduct of governments under agreed international norms – to define and establish ‘a common standard of achievement for all peoples and all nations’ (UDHR, Preamble) to which the organized international community can hold individual governments accountable. (shrink)

This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays (...) in this volume introduce naturalistic positions and their concomitant critiques. They address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan. (shrink)

PurposeThis paper presumes that a public policy document must aim at protecting human rights. The question being raised is- what kind of moral reasoning or grounding can we afford to the idea that human rights are important for the whole framework of public policy. The paper aims at looking at the moral and political philosophy of Immanuel Kant as we find it in his Groundwork of the Metaphysics of Morals and the Metaphysics of Morals for providing (...) this background.MethodThe paper provides an exegetical account of some of the key concepts in Kant’s moral philosophy and the application of these in socio-political contexts.Result and DiscussionThe processes involved in the framing of the document, the document itself, as well as the persons framing the document must aspire to respect and protect human rights. The implication itself rests on the principle that a moral end cannot be achieved by immoral means and protecting human rights is a moral end that all societies must seek to achieve. Hence not only the end, which in this case is the policy document itself, but the means, i.e., the processes of framing the documents and intentions of those responsible and accountable for it, must also be moral. (shrink)

Human rights debates neglect social rights. This paper defends one fundamentally important, but largely unacknowledged social human right. The right is both a condition for and a constitutive part of a minimally decent human life. Indeed, protection of this right is necessary to secure many less controversial human rights. The right in question is the human right against social deprivation. In this context, ‘social deprivation’ refers not to poverty, but to genuine, interpersonal, (...) social deprivation as a persisting lack of minimally adequate opportunities for decent human contact and social inclusion. Such deprivation is endured not only in arenas of institutional segregation by prisoners and patients held in long-term solitary confinement and quarantine, but also by persons who suffer less organised forms of persistent social deprivation. The human right against social deprivation can be fleshed out both as a civil and political right and as a socio-economic right. The defence for it faces objections familiar to human rights theory such as undue burdensomeness, unclaimability, and infeasibility, as well as some less familiar objections such as illiberality, intolerability, and ideals of the family. All of these objections can be answered. (shrink)

Do not attempt cardiopulmonary resuscitation decisions (DNACPR) are considered good medical practice for those dying at the end of natural life. They avoid intrusive and inappropriate intervention. Historically, informing patients of these decisions was discretionary to avoid undue distress. Recent legal rulings have altered clinical guidance: disclosure is now all but obligatory. The basis for these legal judgments was respect for the patient’s autonomy as an expression of their human rights. Through critical analysis, this paper explores other bioethical (...) considerations and the potential harms if they are ignored. Arguably, disclosure of DNACPR status on its own will do little to improve patient experience. A focus on good communication with those identified as approaching end-of-life will facilitate personalized care. Discussions around DNACPR may still occur, but only if likely to be beneficial and at a patient-appropriate pace (not dictated by the need to activate the decision). (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. (...) This chapter explains how this Fundamental Conditions Approach is better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). This reform would (...) bring drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

Is it defensible to use the concept of a right? Can we justify this concept's central place in modern moral and legal thinking, or does it unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft brings together a new account of the concept of a right. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive role for the concept: it is appropriate to our thinking about fundamental moral duties springing from the good of the (...) right-holder. This has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognising that they do. Cruft argues that only rights that exist primarily for the sake of the right-holder can qualify as natural in this sense.In its relation to property, however, matters are far more complicated because much property is groundable only by common or collective goods beyond the right-holder's own good. For such property, Cruft argues that a non-rights property system-that resembles modern markets but is not conceived in terms of rights-would be preferable. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics might expect, and is surprisingly doubtful about property as an individual right. (shrink)

Human rights are often taken for granted, but "What is the basis of human rights?" This is no easy answer, De Xiao Weiqi, in his 2004 book of this difficult the problem. He considered the following four main theories: First, the external theory: the root cause of human rights outside the law, such as human rights divine theory; Second, the intrinsic theory: the root cause of human rights within the law (...) - law positivism ; three, rationalist approaches: human rights is based on rational intuition ; Fourth, experience-based approaches: human rights from human experience, especially experience the experience of injustice. He made ​​the first three theories are severely criticized, and to promote a fourth to experience-based approaches. This paper points out that although the experience of Germany and Xiao Weiqi theory have many advantages, but it is evidence of human rights legislation are vague and inconsistent standards of the Department, and its invention on human rights can not provide more solid foundation. In fact, these issues are perceived more or less de Xiao Weiqi, he repeatedly pointed out that the need for external to the human rights legal standards, I think the divine rights theory is to provide a basis for human rights may be one of the world. De Xiao Weiqi theory of divine criticism of human rights have a good reminder, but I think it still can not rule out the Christ-centered Christian contemporary human rights theory. Human rights are often taken for granted but in fact the origin or foundation of human rights is not an easy question. Alan Dershowitz tries to tackle this thorny issue in his 2004 book: Rights from Wrongs: A Secular Theory of the Origins of Rights. He mainly considers four theories: 1) externalism, eg, the divine source of human rights theory; 2) Internalism, eg, legal positivism; 3) Rationalism, eg, the claim that human rights are founded upon rational intuitions; 4) Experiential approach, ie, human rights are derived from our historical experience of serious wrongs or injustice. He severely criticizes the first three theories, and defends the fourth. In this article, I will point out that despite quite a few merits of Dershowitz's theory; his criteria for the validation of human rights are vague or even inconsistent. His general stance of constructivism towards moral and human rights claims, moreover, are unable to provide solid foundations for human rights. In fact Dershowitz is to some extent aware of these problems, and he feels that human rights do need an objective external source, if only it is possible. I think the theistic worldview is indeed able to provide this objective external source. Dershowitz has raised a lot of good questions for the divine source theory but I argue that in the end they cannot exclude the possibility of a contemporary Christocentric theory of human rights. (shrink)

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to (...) understand these rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)

Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like (...) other rights, to be contingent on social conditions, and in particular on the nature of the international system. (shrink)

Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like (...) other rights, to be contingent on social conditions, and in particular on the nature of the international system. (shrink)

ETHICS, RIGHTS, DEVELOPMENT AT DALFOVO PART ONE: THE GENERAL APPROACH BACKGROUND The collection of papers published in this book is part of an endeavour ...

This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to a normative status of persons that makes their treatment in terms of human rights a proper response, and a social condition of persons in which their human rights are (...) fulfilled. This paper pursues three tasks. First, it provides an analysis of the content and an interpretation of the role of the idea of human dignity in current human rights discourse. The interpretation includes a pluralist view of human interests and dignity that avoids a narrow focus on rational agency. Second, this paper characterizes the two aspects of human dignity in terms of capabilities. Certain general human capabilities are among the facts that ground status-dignity, and the presence of certain more specific capabilities constitutes condition-dignity. Finally, this paper explores how the pursuit of human rights and human dignity links to distributions and uses of power. Since capabilities are a form of power, and human rights are in part aimed at respecting and promoting capabilities, human rights involve empowerment. Exploring the connections between human rights, capabilities, and empowerment provides resources to defend controversial human rights such as the right to democratic political participation, and to respond to worries about the feasibility of their fulfillment. This paper also argues that empowerment must be coupled with solidaristic concern in order to respond to unavoidable facts of social dependency and vulnerability. (shrink)

This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs and (...) their worldviews. Wherefore, it is a discussion in which religious freedom is not dissociated from the anti-racist struggle in the case of Brazil, where, in the 20th century, the myth of racial democracy is produced in the light of studies carried out by Gilberto Freyre in the midst of the 1922 post-week modernist movement. (shrink)

Personal narratives have become one of the most potent vehicles for advancing human rights claims across the world. Human Rights and Narrated Lives explores what happens when autobiographical narratives are produced, received, and circulated in the field of human rights. It asks how personal narratives emerge in local settings how international rights discourse enables and constrains individual and collective subjectivities in narration how personal narratives circulate and take on new meanings in new contexts (...) and how and under what conditions they feed into, affect, and are affected by the reorganization of politics in post-cold war, postcolonial, globalizing human rights contexts. (shrink)

Human rights are foundational to the health and well-being of all individuals and have remained a central tenet of nursing’s ethical framework throughout history. The purpose of this study is to explore continuity and changes to human rights in nursing codes of ethics in the Canadian context. This study examines nursing codes of ethics between the years 1953 and 2017, which spans the very first code in Canada to the most recently adopted. The historical method is (...) used to compare and contrast human rights language, positioning and descriptions between different code editions. The findings suggest there has been very little change in how human rights have been included within the Canadian nursing codes of ethics. Furthermore, we consider how changes within the nursing profession have influenced the authority of codes of ethics and their ability to support nurses in carrying out ethical obligations specific to human rights. Finally, the impacts and implications of these changes are discussed concerning the protection of human rights in today’s healthcare landscape in Canada. (shrink)

In 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral (...) human right that requires that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right. (shrink)

The consequentialist project for human rights -- Exceptions to libertarian natural rights -- The main principle -- What is well-being? What is equity? -- The two deepest mysteries in moral philosophy -- Security rights -- Epistemological foundations for the priority of autonomy rights -- The millian epistemological argument for autonomy rights -- Property rights, contract rights, and other economic rights -- Democratic rights -- Equity rights -- The most reliable (...) judgment standard for weak paternalism -- Liberty rights and privacy rights -- Clarifications and responses to objections -- Conclusion. (shrink)

What should we make of claims by members of other groups to have moralities different from our own? Human Rights in Chinese Thought gives an extended answer to this question in the first study of its kind. It integrates a full account of the development of Chinese rights discourse - reaching back to important, though neglected, origins of that discourse in 17th and 18th century Confucianism - with philosophical consideration of how various communities should respond to contemporary (...) Chinese claims about the uniqueness of their human rights concepts. The book elaborates a plausible kind of moral pluralism and demonstrates that Chinese ideas of human rights do indeed have distinctive characteristics, but it nonetheless argues for the importance and promise of cross-cultural moral engagement. (shrink)

Human Rights and Common Good collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; national territory and migrants' and non-citizens' rights; the justification of punishment; and the public control of euthanasia, abortion, and marriage.

Since World War II human rights language has come to occupy a central place in moral and legal discourse on the justification and limitation of armed conflict. At the core of contemporary international humanitarian law, concern for human rights has also developed as a vehicle for identifying and expressing moral concerns held in common across diverse cultural systems.

This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her (...) objection (section II). After examining whether we might address this reformulated version of O'Neill's objection by appealing to the specificity afforded to human rights in international, regional and domestic law (in section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)

Economics plays a key role in human rights issues as decision-makers weigh the incentives associated with choosing how to use scarce resources in the context of committing or escaping human rights violence. This textbook provides an introduction to the microeconomic analysis of human rights utilizing economics as a lens through which to examine social topics including capital punishment, violence against women, asylum seeking, terrorism, child abuse, genocide, and hate. Whether analyzing the decisions made in (...) capital punishment cases, the causes and consequences of genocide, or the impact of terrorist acts on domestic and international decision-making, the science of economics provides tools and a systematic method of analysis and policy recommendation. This key text presents a method for integrating the social sciences of economics and human rights to create new opportunities for the investigation of social issues. Within each chapter, readers gain a fundamental understanding of a specific human rights issue, the decision-makers and the decision-making process involved, and the benefits and costs leading to the decisions. Experts on each issue, drawn from a variety of fields, contribute to each chapter and present first-hand accounts and different perspectives on each issue. The detailed analyses and accounts provided also explore the potential incentives involved in the prevention and termination of human rights violations. Aiming to further economic inquiry and enhance interdisciplinary research, this textbook serves as a multi-purpose guide for a range of readers. Students, researchers, and educators, as well as those working in organizations supporting victims of human rights violations and policy-makers facing human rights challenges, will find this book informative and engaging. (shrink)

The philosophy of human rights has stalled over a debate between orthodox theorists committed to a moral understanding of human rights and political theorists who adopt a positivist approach. A New Philosophy of Human Rights challenges both, offering a novel deliberative account that bridges this divide.

This paper is a critical examination of a widely accepted method of human rights justification. The method defends the universality of human rights by appeal to diverse worldviews that converge on human rights norms. By showing that the norms can be justified from the perspective of diverse worldviews, human rights theorists suggest that there is reason to believe that human rights are universal norms that should govern the institutions of all (...) societies. This paper argues that the evidence of plural foundations of human rights fails to increase our confidence in the universality of human rights. The paper defends the following claims: (1) the convergence on human rights is better explained as an accidental outcome than as an indicator of the universality of human rights, (2) the plurality of human rights justification is superfluous to the explanation of why human rights apply to all societies, (3) the aggregation of justifications decreases rather than increases the reliability of the universality belief, and (4) the reasonable disagreement among conflicting justifications generates an epistemic dilemma. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect (...) of human rights is a perfect moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

The European Convention on Human Rights has been incorporated into UK domestic law. It gives many rights to patients within the National Health Service (NHS). This article explores the concept of patients’ right to privacy. It stresses that privacy is a basic human right, and that its respect by health professionals is vital for a patient’s physical, mental, emotional and spiritual well-being. I argue that health professionals can violate patients’ privacy in a variety of ways. For (...) example: the right to enjoy their property; the right to protect their medical and personal information as confidential; the right to expect treatment with dignity during intimate care; and the right to control their personal space and territory. Some preliminary evidence indicates that many health care practitioners, including nurses, are presently unaware of the articles of the Convention and the implications of the Human Rights Act 1998. In order to prevent litigation for breaches of patients’ privacy, it is advocated that universities and other educational institutions, the Government and NHS trusts should help to produce a clear educational strategy and protocols so that students and practitioners are well informed in this field. Although 41 European countries are presently the signatories of the European Convention on Human Rights, including the UK, it is important to stress that the principles discussed in this article are applicable world-wide. (shrink)

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.” Is it true that international humanitarian law and international human rights law share the (...) same “essence,” and that essence is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is “perhaps better described as the law of ‘human rights in armed conflicts’”? To answer yes, I argue, amounts to a reinterpretation of IHL that drifts far from its history. This reinterpretation is what I label human rights thinking . In its origins, IHL was not designed to protect human dignity, but to reduce human suffering; it was a form of disaster relief. Human rights law, by contrast, originated as a blueprint for the kind of peacetime societies that would no longer plunge the world into what the UN Charter calls the “untold sorrow” of war. Nevertheless, law changes. Perhaps the nature of IHL has evolved over time in the direction of human rights thinking, and should evolve that way. That is the view I defend-–with some qualifications-–in the final sections of this essay. First, I explore the very different genealogies of IHL and human rights law, and explain how human rights thinking migrated into IHL. I attribute the migration to international criminal law, military occupations, and reactions to the U.S. war on terrorism. In the final sections, I explore two ways human rights thinking can be pursued in wars. One of them, I will argue, overplays and overestimates what human rights thinking can accomplish. It does so by, in effect, willing away fundamental differences between war and peace. The other is an approach that I have defended for more than three decades. It consists, at bottom, of taking a civilian’s-eye view of the disasters of war and reading the law accordingly-–recognizing, one might say, that Mother Courage and her children matter just as much to the law of war as Henry V and his band of brothers. (shrink)

Kristen Hessler argues that philosophy can best contribute to understanding human rights by exploring the full range of their use in practice. Her approach emphasizes how human rights activism and adjudication can both reveal and dismantle unjust social hierarchies. The result is an innovative vision of interdisciplinary human rights scholarship.

In his invited essay for Business & Society’s 60th anniversary, Archie B. Carroll refers to human rights as “a topic that holds considerable promise for CSR [corporate social responsibility] researchers in the future.” The objective of this article is to unpack this promise. We discuss the momentum of business and human rights in international policy, national regulation, and corporate practice, review how and why BHR scholarship has been thriving, provide a conceptual framework to analyze how BHR (...) and corporate social responsibility relate to each other, and provide a research agenda outlining how BHR can expand business and society scholarship in general and one of its foundational constructs, CSR, in particular, beyond the current confines of the business and society field. (shrink)

Introduction -- Theses and discussions -- Analytical concepts -- General approach -- Moral philosophy in antiquity -- Christian moral philosophy -- Aristotle and Thomas Aquinas -- William of Ockham -- From William of Ockham to Francisco Suarez -- Protestant natural law -- John Locke -- The American and French declarations of rights -- Early critique of the Declaration of Rights -- Immanuel Kant and modern moral philosophy -- Human rights today.

This paper develops a critic on International Human Rights departing from the criticism directed to utopian discourses of political organization of society, as both of them share an evolutionist and ethnocentric foundation, namely, the universal and unconditionally valid reason. The idea is to undertake a serious criticism on reason, always potentially dystopian, in order to unravel the colonialist ethos and the civilizing character of current Public International Law leading discourse of Human Rights.

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

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve (...) the justification problem for human rights but rather aggravates it in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant’s concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

Joyful Human Rights espouses a joy-centered approach that provides new insights into foundational human rights issues. William Paul Simmons offers a framework -- surveying a more comprehensive understanding of human experiences -- for theorizing and practicing a more affirmative and robust notion of human rights.

We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary global (...) order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology. (shrink)

This essay illustrates the potential of religion to both oppress and empower women, focusing on the role of Buddhism in Thailand in relation to the trafficking of women for the sex industry. After describing a number of ways that traditional Thai Buddhist culture functions to legitimate the trafficking industry, and thereby deny the human rights of women involved in sexual slavery, I draw on the analogy of Christianity in relation to slavery in the ante-bellum American South to make (...) the case that Buddhist teachings have the potential to oppose and condemn practices of sexual slavery as well as to justify and legitimate them. The essay concludes by discussing what are perhaps the most effective sources for empowering women involved in trafficking within the Thai Buddhist tradition. (shrink)

Human rights have become an important ideal in current times, yet our age has witnessed more violations of human rights than any previous less enlightened one. This book explores the historical and theoretical dimensions of this paradox. Divided into two parts, the first section offers an alternative history of natural law, in which natural rights are represented as the eternal human struggle to resist opression and to fight for a society in which people are (...) no longer degraded or despised. At the time of their birth in the 18th Century and again in the popular uprisings of the last decade, human rights became the dominant critique of law and society. The radical rhetoric of rights and its apparently endless expansive potential has led to its adoption by governments and individuals alike seeking to justify their actions on moral grounds and has undermined its radical edge. Part Two examines the philosophical logic of rights. The classical critiques of Kant, Burke, Hegel and Marx illuminate traditional aproaches to the concept of human rights. The work of Heidegger, Sartre and psychoanalysis is used to deconstruct the metaphisical essentialism of bothe universalists and cultural relativists. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a moral stand point which both transcends the present and is historically relevant. (shrink)