As health policy-makers around the world seek to make progress towards universal health coverage, they must navigate between two important ethical imperatives: to set national spending priorities fairly and efficiently; and to safeguard the right to health. These imperatives can conflict, leading some to conclude that rights-based approaches present a disruptive influence on health policy, hindering states’ efforts to set priorities fairly and efficiently. Here, we challenge this perception. We argue first that these points of tension stem largely from (...) inadequate interpretations of the aims of priority setting as well as the right to health. We then discuss various ways in which the right to health complements traditional concerns of priority setting and vice versa. Finally, we set out a three-step process by which policy-makers may navigate the ethical and legal considerations at play. (shrink)

In Justice: Rights and Wrongs Nicholas Wolterstorff argues for the priority of rights over obligations, and suggests that assigning priority to obligations will take too little account of the wrongs suffered by many types of victim. In this comment on the book I suggest various reasons for assigning priority to obligations, emphasise the importance of offering an account of imperfect as well as perfect obligations, and question the reading of Immanuel Kant’s Groundwork on which some (...) of Wolterstorff’s arguments against the priority of obligations rely. (shrink)

The experience of Costa Rica highlights the potential for conflicts between the right to health and fair priority setting. For example, one study found that most favorable rulings by the Costa Rican constitutional court concerning claims for medications under the right to health were either for experimental treatments or for medicines that should have low priority based on health gain per unit of expenditure and severity of disease. In order to better align rulings with priority setting criteria, (...) in 2014, the court initiated a reform in its assessment of claims for medicine. This paper assesses this reform’s impact on the fairness of resource allocation. It finds three effects. First, a reduction in successful claims for experimental medication, which is beneficial. Second, an increase in the success rate of medication lawsuits, which is detrimental because most claims are for extremely cost-ineffective medications. Third, a decline in the number of claims for medicine, which is beneficial because it forestalls such low-priority spending. This paper estimates that, taking all three effects into account, the reform has had a modest net positive impact on overall resource allocation. However, it also argues that there is a need for further reforms to lower the number of claims to low-priority medicines that are granted. (shrink)

Recent health legislation in Norway significantly increases access to specialist care within a legally binding time frame. The paper describes the contents of the new legislation and introduces some of the challenges with proliferations of rights to health care. The paper describes some of the challenges associated with the proliferation of legal rights to health care. It explains the benefits of assessing the new law in the light of a rights framework. It then analyses the problematic aspects (...) of establishing additional priority rules as solutions to rights conflicts. It then defends adequacy criteria for acceptable priority rules when such rules are unavoidable. It finally defends our proposed method and explores concrete applications. (shrink)

At the centre of controversy over human rights policy in China is the disagreement on the relationship between two sets of human rights: civil and political rights on the one hand, and social and economic rights on the other. Much of the debate, however, has been undertaken on theoretical and normative levels. Empirical evidence is needed to advance this debate. Drawing data from a multination survey, this research explores whether Chinese and Westerners differ in their human (...) rights policy preferences. The findings suggest that while social and economic rights have a much broader support base in China than in Western nations, political and civil rights are also important concerns to the Chinese public. Sources and implications of the findings are also discussed. (shrink)

We inhabit this world with large numbers of people who are very badly off through no fault of their own. The statistics are overwhelming: “Two out of five children in the developing world are stunted, one in three is underweight and one in ten is wasted.”1 Some 250 million children between 5 and 14 do wage work outside their family — often under harsh or cruel conditions: as soldiers, prostitutes, or domestic servants, or in agriculture, construction, textile or carpet production.2 (...) In 1998, out of a total of 5900 million human beings,3 some 2800 million lived below $2/day, and nearly 1200 million of these below the $1/day international poverty line.4 Some 799 million are undernourished, 1000 million lack access to safe water, 2400 million lack access to basic sanitation, and 876 million adults are illiterate.5 More than 880 million lack access to basic health services.6 Approximately 1000 million have no adequate shelter and 2000 million no electricity.7 Roughly one third of all human deaths, some 50,000 daily, are due to poverty-related causes, easily preventable through better nutrition, safe drinking water, vaccines, cheap re-hydration packs and antibiotics.8 “Worldwide 34,000 children under age five die daily from hunger and preventable diseases.”9.. (shrink)

Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as general solutions. The main reasons concern how best to realize all human rights for all. Conflicts among human rights are more defensibly addressed by checking whether the conflict has been correctly (...) diagnosed: Do human rights as a whole get due priority? Have feasibility considerations inherent in human rights been considered, and the possibility of bringing in additional dutybearers? If a conflict among human rights is genuine, formal principles for priority setting are of some help. Sometimes, it is clear that these should be “upgraded” to substantive principles and sometimes that they should not. Many cases, however, are as yet unclear and will need further investigation. (shrink)

In this article, I address concerns that the ontological priority claims definitive of ontic structural realism are as they stand unclear, and I do so by placing these claims on a more rigorous formal footing than they typically have been hitherto. I first of all argue that Kit Fine’s analysis of ontological dependence furnishes us with an ontological priority relation that is particularly apt for structuralism. With that in place, and with reference to two case studies prominent within (...) the structuralist literature, I consider whether any of structuralism’s distinctive priority claims may be regarded as warranted. The discussion as a whole has largely negative implications for the radical structuralism of French and Ladyman (including their ‘eliminativist’ interpretation of it), largely positive implications for the moderate structuralism primarily advocated by Esfeld and Lam, and some broad lessons for contemporary fundamentalist metaphysics as a whole. 1 Introduction2 The Right Priority Relation for Structuralism: Supervenience or Dependence?3 Introducing Ontological Dependence4 Fine’s System5 The Priority of Structure 1: Entangled Quantum Particles6 The Priority of Structure 2: The Group-Theoretic Conception of Elementary Particles7 Concluding Remarks. (shrink)

Recently theorists have demonstrated a growing interest in the ethical aspects of resource allocation in international non-governmental humanitarian, development and human rights organizations (INGOs). This article provides an analysis of Thomas Pogge's proposal for how international human rights organizations ought to choose which projects to fund. Pogge's allocation principle states that an INGO should govern its decision making about candidate projects by such rules and procedures as are expected to maximize its long-run cost-effectiveness, defined as the expected aggregate (...) moral value of the projects it undertakes divided by the expected aggregate cost of these projects? I critique Pogge's argument on two fronts: (1) I demonstrate that his view is problematic on his own terms, even if we accept the cost-effectiveness framework he employs. (2) I take issue with his overall approach because it generates results which can undermine the integrity of INGOs. Further, his approach mis-characterizes the nature of INGOs, and this mistake is at the root of his problematic view of INGO priority-setting. Ultimately, I argue for a conception of INGOs in which they are understood as ?organizations of principle?, in the sense that they are independent moral agents and so should be permitted a fairly wide sphere of autonomy within reasonable moral constraints. (shrink)

'Everyone knows what attention is’ according to William James. Much work on attention in psychology and neuroscience cites this famous phrase only to quickly dismiss it. But James is right about this: ‘attention’ was not introduced into psychology and neuroscience as a theoretical concept. I argue that we should therefore study attention with broadly the same methodology that David Marr has applied to the study of perception. By focusing more on Marr's Computational Level of analysis, we arrive at a unified (...) answer to the question of what attention is, what role it plays in the mind, and why organisms like us have that capacity. I propose a methodology for studying attention at Marr's Computational Level that optimizes in a three-dimensional space: it should capture core aspects of our first-person experience of attention, be explanatorily powerful in psychology and neuroscience, and fertile in an interdisciplinary context. I show how this methodology leads to what I call the priority structure account of attention. Attention is what organizes current information to make it more useful for the organism. We can identify it by four features. Attention, in this way, helps a cognitive system to integrate its informational state with its current motivational state. I describe how this account improves on alternatives and shows why attention is a useful concept in many disciplines and for connecting them. -/- This article is categorized under: Philosophy > Psychological Capacities Psychology > Attention Philosophy > Foundations of Cognitive Science. (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)

Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity), human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,” the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning of (...) “human rights” implies a corresponding theory of change and through that can be an important guide to the practice of human rights activists and their funders. In practice, any organization can describe their work as “rights based.” This article clarifies the practices of human rights activists and their funders that are consistent with a theory of human rights as (1) universal, (2) interdependent across groups and categories of people, (3) indivisible across issue areas and claims, and (4) measured by the enjoyment of rights. (shrink)

Where should we meet? This may seem like a trivial decision, mostly focused on convenience. However, location can represent integral values, attitudes, and priorities. Especially when the meeting i...

In this article, I examine Leibniz’s criticism of Spinoza’s notion of priority by nature based on the first proposition in Spinoza’s Ethics. Leibniz provides two counterexamples: first, the number 10’s being 6+3+1 is prior by nature to its being 6+4; second, a triangle’s property that two internal angles are equal to the exterior angle of the third is prior by nature to its property that the three internal angles equal two right angles. Leibniz argues that Spinoza’s notion cannot capture (...) these priority relations. Although this text has received some scholarly attention, Leibniz’s objection in this text has not been fully explained yet. I argue that evaluating Leibniz’s objection relies on how to understand Spinoza’s notion of conception: first, whether conception is co-extensive with inherence and causation; second, whether conception is mental. (shrink)

Consider the kinds of macroscopic concrete objects that common sense and the sciences allege to exist: tables, raindrops, tectonic plates, galaxies, and the rest. Are there any such things? Opinions differ. Ontological liberals say they do; ontological radicals say they don't. Liberalism seems favored by its plausible acquiescence to the dictates of common sense abetted by science; radicalism by its ontological parsimony. Priority theorists claim we can have the virtues of both views. They hold that tables, raindrops, etc., exist, (...) but they aren't fundamental. The ontological liberal's ontology provides the correct inventory of existent individuals. The ontological radical's more restricted ontology provides the correct inventory of fundamental individuals. The priority theorist claims that the derivative individuals are "no addition in being" to the fundamental ones, so we can have our cake and eat it too. It would be nice if priority theorists were right. In this paper I argue, with regret, that they are not. One upshot is that the sort of explanations which underwrite the priority theorist's distinction between fundamental and derivative individuals do not mitigate our ontological commitments. Another is that we still have to choose between the charms of liberalism and radicalism. (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)

In this paper I would like to make a contribution to the debate on rights-talk and duties-talk relationship and priority by addressing the problem from a peculiar angle: that of moral conflicts and dilemma. My working hypothesis is that it should be possible to identify some basic and relevant normative features of rights-talk and duties-talk by observing how they modify the description of moral conflicts. I will try to show that both rights and duties posses original (...) and irreducible normative features, and that these latter can be employed in a general assessment of their pro and con. I will first show the conceptual relationship between rights and duties, analyzing in the process a deflationary argument for rights. Second, I will define the general features of moral conflict and dilemma. I will then analyze the different readings that can be given, taking rights or duties as standpoints, of two kinds of moral conflicts: «asymmetric» and «symmetric» conflicts. (shrink)

This chapter argues that rather than viewing transparency as a right, we should regard it as a finite resource whose allocation involves tradeoffs. It then argues that those tradeoffs should be resolved by using a multi-principle approach to distributive justice. The relevant principles include maximizing welfare, maximizing autonomy, and giving priority to the worst off. Finally, it examines some of the implications for law of recognizing the tradeoffs presented by transparency proposals.

I will argue here a) that we have a right to have opportunities to meaningful relationships, b) that such a right is distinct from a right focusing only on protecting access to more basic social interactions, and c) that to the extent that we have rights to both kinds of social interactions, the one focused on more meaningful relationships should have priority because it secures an interest of greater importance for us.

Case studies raise questions about patients' rights, advanced lifeprolonging measures, human subjects in medical research, and the allocation of health care resources.

This paper addresses the appropriate role for public input into priority setting for federal funding of biomedical research and development. The public should be involved in priority setting because researchers should be publicly accountable, because the public has a right to oversee government activities, and because public input is needed to assess normative questions related to the burden of disease and health care needs. On the other hand, political factors arising from public input can also hamper the governmentÕs (...) ability to allocate funds according to the burden of disease or to promote the progress of biomedical science. When it comes to public input into R & D priority setting, more is not necessarily better. What is needed is the right balance of public and expert decision making with respect to the setting of biomedical R & D priorities. (shrink)

The paper begins by defending the Hohfeldianaccount of rights (as equivalence relations) from thecharge that it cannot capture their specialsignificance, and thus cannot be used in a right-basedmoral theory. It goes on to argue that, because of amisunderstanding of this relational account, theconception of right-based morality that has emerged inrecent years has been variously flawed from theoutset. A particular form of explanatory priority waswrongly taken to be essential, and then eitherincoherently combined with equivalence, or taken to bea reason (...) for rejecting equivalence where right-basedthinking is concerned. In fact, this form of priorityis not sufficient for establishing a right-based moraltheory. It is also not necessary, since theHohfeldian analysis can be shown to be entirelyadequate to meeting the original aims of thoseproposing this approach to ethics. (shrink)

In 2006, a WHO survey found evidence of a substantial increase in patient-led litigation against health authorities and funders over access to medicines around the world. New Zealanders have seldom litigated denials of access to health care. Part of the explanation lies in the fact that New Zealand has a legislated patients' "bill of rights", with enforcement through a complaints mechanism. Although the separate regime does not afford patients substantive legal protection in respect of complaints about lack of access (...) to care, this form of alternative, low-level resolution of health care disputes does condition disgruntled patients not to turn to the courts for legal redress in relation to their rights. But given the increasing need for prioritization arising from serious concern about the sustainability of the public health system, as well as a trend towards greater explicitness when it occurs, increased disappointment on behalf of patients and the public when care is denied or limited seems inevitable. This may well translate into increased patient-led litigation against health boards and funders. Part 1 provides an overview of the New Zealand health system, with a focus on the points at which resource allocation decisions are made, the identity of the decision-maker, and the methods by which priority-setting occurs. Part 1.1 describes inequalities between population groups in New Zealand, both in health outcomes and in access to health care. Part 2 describes the legal framework surrounding the health and disability sector, and discusses the lack of legislated rights to health and the limited right of access to health care in legislation, despite the existence of a legally enforceable Code of Health and Disability Services Consumers' Rights. (shrink)

In this article, I revisit the question of socio-economic transformation in South Africa to illustrate how it connects with human rights, essentially because, as I argue, transformation is unattainable without a comprehensive understanding of the central role of human rights in activating that process. I state the claim that the progressive human rights culture on the basis of which South Africa launched itself from the demise of apartheid into one of the most treasured constitutional democracies globally is (...) noticeably disintegrating, displaying signs of post-independence failures that have bedevilled many other African countries. It leaves unanswered questions with regard to the transitional promise for a better life and equitable opportunities. Not only is the political intent to actualise the project for socio-economic transformation apparently lacking, prospects that the expectations of the impoverished segments of the population may never be fulfilled prompts the need for an in-depth diagnosis of the contrasts that dissociate the country from its constitutional commitment to remedy the injustices of the past, which remain visible in legislation, policies, institutional practices, governance mechanisms and social perceptions that seem to be hardwired to accommodate transformation. I aim to demonstrate that even though South Africa’s constitutional democracy is anchored on a radical undertaking to eradicate the injustices that unreasonably limit options for the larger part of the population, there is no genuine adherence to the constitutional standards for transformation under the present dispensation, which is shaped by misconceived and misdirected priorities at the expense of human rights that lie at the core of the project for socio-economic transformation. I articulate these viewpoints by bringing into sharper focus the connection between human rights and transformation so that perhaps, the arguments may provide conceptual direction in academic discourses and probably also shape policy direction in crafting transformative solutions to the socio-economic exigencies that South Africa is confronted with. (shrink)

In “Property Rights and the Resource Curse” Leif Wenar argues that the purchase and sale of resources from certain countries constitutes a violation of property rights, and the priority in reforming global trade should be on protecting these property rights. Specifically, Wenar argues that the U.S. and other western liberal democracies should not be complicit in the trade of so-called cursed resources, and the extant legal system can be used to end the trade in cursed resources (...) by prohibiting the importation of cursed resources, litigating against companies that operate in resource-cursed countries, and imposing trade tariffs on third party countries’ exports if they trade in cursed resources. In this paper, I show that while Wenar is correct that the trade in cursed resources is morally objectionable and therefore creates additional moral obligations for participants in that trade, his normative assessment fails to take account of the complexity of the resource curse and his prescriptive proposal for clean trade will not reduce harm in resource-cursed countries. I suggest that the reduction of harm, rather than the enforcement of property rights, should be the normative and practical focus in evaluating and reforming trade in natural resources. (shrink)

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of (...) human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

Legal philosophy must be based on a set of substantive political values about such fundamental matters as the nature of the political community and the meaning of human freedom. This general thesis is illustrated by the analysis of moral discourse about the justification and limits of liberty-rights and equality-rights.The most effective way of arguing about the liberal conception of individual liberties (consistent with the Millian Harm Principle) is by recourse to the priority of the right over the (...) good. But this conception is little more than a restatement of the Harm Principle itself hence, a more fundamental justification for it is required. This can be provided by a substantive conception of equality of individuals as moral agents who are capable of choosing, pursuing and changing their own conceptions of the good, within the parameters of avoiding harm to others. (shrink)

This book argues that ultimately human rights can be actualized, in two senses. By answering important challenges to them, the real-world relevance of human rights can be brought out; and people worldwide can be motivated as needed for realizing human rights. Taking a perspective from moral and political philosophy, the book focuses on two challenges to human rights that have until now received little attention, but that need to be addressed if human rights are to (...) remain plausible as a global ideal. Firstly, the challenge of global inequality: how, if at all, can one be sincerely committed to human rights in a structurally greatly unequal world that produces widespread inequalities of human rights protection? Secondly, the challenge of future people: how to adequately include future people in human rights, and how to set adequate priorities between the present and the future, especially in times of climate change? The book also asks whether people worldwide can be motivated to do what it takes to realize human rights. Furthermore, it considers the common and prominent challenges of relativism and of the political abuse of human rights. This book will be of key interest to scholars and students of human rights, political philosophy, and more broadly political theory, philosophy and the wider social sciences. **Open access**, Table of contents: 1. Introduction: Two New Challenges to Human Rights and the Question of Motivation Part I: Preparing the Ground 2. Human Rights: A Conception 3. Common Challenges to Human Rights: The Relativist and the Political Pawns Challenge Part II: Novel Challenges to Human Rights 4. The Challenge of Global Inequality 5. The Challenge of Future People Part III: Getting to Realization 6. The Question of Motivation: Can People Be Motivated as Needed for Realizing Human Rights? 7. Conclusion. (shrink)

Most of the theories of rights propounded by philosophers, right from the beginning till the twentieth century, conceive rights either as a claim against the state or an obligation upon the state. Certainly such a conception has had something to do with the prevailing social, political and economic systems of the time concerned. Social, political and economic systems also had a particular relationship amongst them. Change in individual and social perspectives, values, priorities and beliefs has affected the philosophy (...) of right. From the ages of Locke and Hobbes when natural right was taken in obvious terms to the times of communitarians like Michael Sandel and thinkers like Ronald Dworkin the term “Right” has earned many dimensions. Progress and changing arrangements of systems complicates the status of a philosophical theory of rights propounded at a particular time, in the sense that its losses its teeth in any new found milieu. This paper evaluates the notion of abstract universalism of individual rights in the light of Gandhian notion of duty. (shrink)

Individualization and globalization are recent trends that bring fundamental transformations of modern society. In this Article, I will first outline what individualization and globalization imply on a general level, and how in particular they affect families. I will then argue that individualization and globalization also imply some major consequences in the field of family law: Today, norms and beliefs in respect of what is right and proper in regard to personal lives multiply and compete with one another, new family models (...) challenging older ones and opening up numerous questions regarding which model should be given priority. The effect is that the issue of rights and obligations turns into an arena of controversies, an issue of contested rights and obligations. (shrink)

This essay questions the self-sufficiency of abstract, non-consequentialist, principles as a defence of a libertarian regime. The argument focuses on the difficulties involved in attempts to defend the priority of negative rights if an attractive conception of freedom and an agent-relative view about our reasons to respect rights are to be upheld. The paper closes by suggesting how libertarianism could gain support from various, and perhaps mutually irreducible and even conflicting, considerations in a wide consequentialist system.

Theories that recognize group rights face an important challenge from both friends of rights and friends of groups: that rights discourse cannot accord priority to the needs of group life over those of any individual person because the theory of moral value which underwrites rights language cannot recognize groups as having oveniding interests or importance. The full import of this objection has often been missed by those against whom it is levelled because they focus on (...) claims by groups against non-group members. However the full weight of the problem is most apparent in claims groups make against their own members (what Kymlicka calls "internal restrictions"). In this paper I look more closely at the objection from internal restrictions to clarify what is -- and what is not -- at stake. I clarify: (i) why the moral theory that underpins rights language poses a problem that must be addressed; and (ii) why the strategies most commonly pursued by advocates of group rights do not make this problem go away. However, although it is true that some forms of collectivism are ruled out by rights discourse, distinguishing between the ethical and methodological commitments of a theory makes apparent that adopting some form of methodological collectivism need not imply a collectivist theory of moral value. Neither the (ethical) individualism of rights theory nor the (methodological) collectivism of most theories that value group membership are grounds for rejecting the coherence of group rights. (shrink)

In this brief article, I will raise some challenges to each of Pablo Gilabert’s arguments for a human right to democracy (HRD). First, I will question whether the instrumental case for affirming a HRD is as strong as Gilabert and others have suggested. I will then call into question the argument from moral risk, arguing that, for any particular country, we should not operate with a strong presumption that they should pursue further democratization as a high-priority goal. Finally, I (...) will consider the strength of our intuitive support for a stringent human right to democracy. As Gilabert points out, there could be a genuine HRD, even if it did not always provide us with an overriding reason to call for the implementation of democracy. I will explore how much normative priority claims to respect democratic decisions have by considering what we have reason to do when democratic decisions would lead to violations of other, noncontroversial human rights. (shrink)

This paper examines the legal and ethical problems involved in reconciling two separate rights, each of which plays a fundamental role in the current philosophical debate surrounding international relations and international law: the right to national sovereignty to which many states lay claim, on the one hand , and the right to self-determination , on the other.Refusal to grant the right of self-determination frequently leads to the violation of the human rights of nationally, ethnically, racially or religiously defined (...) population groups. In any justification of or claim to national sovereignty, and also in the claim of national minorities to autonomy, the concept of nationhood plays a decisive role. In part I of this paper, I will therefore be attempting to shed light on the history and the terminological content of the concept of nationhood, with a view to making use, in part II, of the knowledge thus gained in the search for a solution to the outlined legal and ethical problem. In this debate, I distinguish between the nation and the nation-state. It is possible to conceive nations which have no state, as well as states which serve no nation or serve several nations at once as a political forum.In resolving the question of whether nation-state sovereignty takes priority over regional autonomy or vice versa, we will also be addressing the question of the importance attributable to human rights, taken to mean individual rights, as against the collective rights of both nation-state sovereignty and regional autonomy. (shrink)

This chapter contains section titled: Linguistic Rights for Latinos Pogge's Argument for English—first A Worrisome Suspicion Language Priority in the Education of Latino Children.

Asylum seekers, by their very circumstances, test our common assumptions and practice in relation to human rights. The treatment of asylum seekers in many European countries has become harsher, more restrictive and less tolerant in recent years, raising questions about the violation of their rights. The article examines the bases of the rights that asylum seekers do have and whether these are best supported as human rights or more limited rights that attach to the place (...) of their temporary residence and to obligations made by their country of temporary residence. Given the propensity of receiving countries to afford increasingly limited rights, the article identifies a limited set of rights that should take priority in a hierarchy of rights and which might claim widespread acceptance as those which asylum seekers must enjoy. (shrink)

Mental health is a global priority, and states and stakeholders are taking steps toward advancing a human right to mental health for all (APA, 2018). This is evidenced by international studies, initiatives, declarations, and domestic policy interventions. From a right-based perspective, mental health is not the mere absence of a psychiatric condition or psychosocial disability (WHO, 2022). It speaks of an environment in which individuals live a life of dignity. The application of human rights principles to mental health (...) allows us to incorporate novel ideas about the role of all stakeholders in fostering the security, freedom, justice, and dignity of individuals. With this point of view in mind, many states are revisiting their mental health laws and governance practices. (shrink)

Abstract: Michael Walzer and David Miller defend the authority of democratic states to determine who will be allowed entry and membership. In support of this view they have claimed that the domestic solidarity necessary for social justice is threatened by the unregulated influx of outsiders. This empirical thesis proves to be false when applied to the United States, where heavy Latino and Latina immigration is more likely to increase civic solidarity than to diminish it. Seen in this light, the positions (...) of Jürgen Habermas and Carol Gould, giving human rights priority over democratic sovereignty in decisions about membership, cannot be criticized as utopian. Liberal philosophers can also defend open borders as a way to give oppressed peoples representation inside powerful countries where state decisions often threaten access to essential resources and basic freedoms in their home countries. (shrink)

Moral rights feature prominently and are relied on substantially in debates in bioethics. Conceptually, however, duties can perform the logical work of rights, but not vice versa, and reference to rights is therefore inessential. Normatively, rights, like duties, depend on more basic moral values or principles, and attempts to establish the logical priority of rights over duties or the reverse are misguided. In practical decision making, however, an analysis in terms of duties is more (...) fruitful than one based on rights. A right may function as a proxy term for a consequentialist rule, or for a deontological constraint, but does not thereby enrich these concepts. Rights may also help in a purely expressive sense and may assist an initial focusing on a moral conflict. However, their role in bioethics discourse is more one of convenience than of necessity. Moreover, unless rights are firmly founded on fundamental moral values, their use encourages rhetoric rather than argument. (shrink)

Populist-nationalist ideologies pose a threat to women’s rights. This article examines to what extent national institutionalisation of international frameworks promoting women’s rights can weather the misogynistic political climate accompanying the global rise of populist nationalism. The post-2016 situation in the Philippines offers a testing ground for this problem due to the co-existence of President Duterte’s hypermasculinist national leadership with a strong history of institutionalisation of the UN’s Women, Peace and Security (WPS) agenda. Drawing from an analysis of WPS (...) policy and institutions in the Philippines between 2009 and 2019 and from field research and interviews with government agencies, local civil society organisations and international partners, this article argues that the WPS agenda will likely survive in the hostile environment. But it also finds that institutionalisation alone does not guarantee successful implementation. While the WPS agenda may ostensibly remain a national priority under populist-nationalist regimes, its progression has been halted. (shrink)

One popular line of argument put forward in support of the principle that the right is prior to the good is to show that teleological theories, which put the good prior to the right, lead to implausible normative results. There are situa- tions, it is argued, in which putting the good prior to the right entails that we ought to do things that cannot be right for us to do. Consequently, goodness cannot (always) explain an action's rightness. This indicates that (...) what is right must be determined independently of the good. In this paper, I argue that these purported counterexamples to teleology fail to establish that the right must be prior to the good. In fact, putting the right prior to the good can lead to sets of ought statements which potentially con- flict with the principle that ‘ought’ implies ‘can’. I argue that no plausible ethical theory can determine what is right independently of a notion of value or goodness. Every plausible ethical theory needs a mapping from goodness to rightness, which implies that right cannot be prior to the good. (shrink)

In US history, much human rights policy developed in four waves during the twentieth century. These waves were triggered by similar circumstances, but all proved short-lived as structural constraints such as limited US power over other countries’ domestic actions, competing US policy priorities, a US hesitance to join multilateral institutions, and the continued domestic political weakness of human rights advocates led to setbacks. As Barack Obama took office, his campaign comments and the past patterns led to widespread expectations (...) that he would introduce new human rights initiatives. His policies, though, would continue to face the structural constraints and would be affected by the Bush administration’s legacy. It was predictable that many of Obama’s initiatives would be only partially implemented and only partially successful. As expected, Obama’s first years have seen mixed results, but the Obama administration has advanced US human rights policies sufficiently in half-dozen key areas to say that a fifth wave of human rights policy development is underway. (shrink)

Responds to the reply by L. T. Hoshmand and J. Martin to S. C. Yanchar and K. B. Kristensen's comments on Hoshmand and Martin's proposal for a naturalistic epistemological approach to psychological science. Hoshmand and Martin argue that in Yanchar and Kristensen's stance toward some aspects of their proposal, they have attributed to Hoshmand and Martin a relationship between theory, method, and data that they do not hold. According to Hoshmand and Martin, in making their case Yanchar and Kristensen have (...) objected to empirical means of evaluation, and essentially undermined their own argument. The authors clarify their position by responding to these claims. 2012 APA, all rights reserved). (shrink)

Despite its profound importance for individuals and populations, children’s mental health remains under-appreciated as a public policy priority, to a degree that violates children’s rights. Using a working definition of policymaking as collective ethical decision-making for the one and the many, we elaborate by describing an individual child’s story and reviewing the pertinent population health research evidence. We then outline three central public health ethical challenges: addressing the high prevalence and impact of childhood mental disorders; addressing the avoidable (...) social adversities that underlie many childhood mental disorders; and addressing stark shortfalls in prevention and treatment services for children. We end with discussing opportunities for progress, including addressing the attendant children’s rights issues. (shrink)

I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cruel treatment, and avoiding severe unfairness. (...) I argue that economic and social rights are not excessively burdensome on their addressees and that they are feasible worldwide in the appropriate sense. Severe poverty violates economic and social rights, and accordingly generates high-priority duties of many parties to work towards its elimination. (shrink)

This thesis discusses the proper relationship between religion and politics, not as two kinds of institutions in a society but as two sets of beliefs within and among belief systems: people's religious ideas of the good human life and their political ideas of a right society, in a religiously plural context. ;It starts its discussion by critically examining two most important positions on this issue in contemporary public discourses: the liberal idea of priority of the right to the good (...) and the communitarian idea of priority of the good to the right . The problem with the liberal view is that its idea of a politics neutral to all religions is merely an illusion. The problem with the communitarian one is that it will lead to either political sectarianism or religious pluralism. ;The thesis therefore aims to develop an alternative position, which is centered around the idea of multiple reflective equilibria. According to this idea, instead of a dichotomy, religious goodness and political rightness, along with many other ideas people may have, are mutually enriching, critical, and transformative, both within an individual's belief system and among different individuals' belief systems. In a religiously plural society, it searches for a universal political idea of the right that is kept in a reflective equilibrium with plural religious ideas of the good. (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)