What is the relationship between impunity and economic and social rights? A substantiated expectation of impunity encourages the commission of acts that violate human rights. Using a logistic-multinomial regression model, we find that impunity affects per capita GDP, years of schooling, and life expectancy. An unexpected finding was that different civil and political rights systems, as diverse as those of Norway and Singapore, have similar impacts on both impunity and economic and social rights. (...) Nonetheless, we need to focus on holistic models that strive for protection of all human rights. (shrink)

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

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding (...) the common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime. (shrink)

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding (...) the common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime. (shrink)

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

This paper asks whether statutory social insurance programs, which provide contributory tax-based income support to people with disabilities, are compatible with the disability rights movement's ideas. Central to the movement that led to the Americans with Disabilities Act is the insight that physical or mental conditions do not disable; barriers created by the environment or by social attitudes keep persons with physical or mental differences from participating in society as equals.The conflict between the civil rights (...) approach and insurance seems apparent. A person takes out insurance to deal with tragedy, such as premature death, or damage, such as accidental harm to an automobile or home. Social insurance, for example, the United States Social Security old-age and disability programs, consists of government-run insurance to cover risks of advanced age and disability for which the private market has not provided affordable coverage. But the civil rights approach to disability posits that disability is not a risk, not tragedy, and not a damage or defect. Instead it is a maladaptation of society to human variation. This paper argues that a justification remains for social insurance under the civil rights approach to disability, and further suggests that expansion of social insurance for disability is both compatible with disability rights principles and supported by wise public policy. (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)

This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.

Brownlee rethinks human rights theory to reflect the fact that we are deeply social creatures. Our core social needs, for meaningful social inclusion, are more important than, and essential to, our civil, political, and economic needs. This grounds a right against social deprivation and a right to the resources to sustain other people.

The New Leviathan, originally published in 1942, a few months before the author's death, is the book which R. G. Collingwood chose to write in preference to completing his life's work on the philosophy of history. It was a reaction to the Second World War and the threat which Nazism and Fascism constituted to civilization. The book draws upon many years of work in moral and political philosophy and attempts to establish the multiple and complex connections between the levels of (...) consciousness, society, civilization, and barbarism. Collingwood argues that traditional social contract theory has failed to account for the continuing existence of the non-social community and its relation to the social community in the body politic. He is also critical of the tendency within ethics to confound right and duty. The publication of additional manuscript material in this revised edition demonstrates in more detail how Collingwood was determined to show that right and duty occupy different levels of rational practical consciousness. The additional material also contains Collingwood's unequivocal rejection of relativism. David Boucher's introduction shows that The New Leviathan and The Idea of History are integrally related and that neither can be properly understood independently of the other. He is also concerned to show how many of Collingwood's ideas have a contemporary relevance, and that his ideas on barbarism are not so unusual as they might at first appear. (shrink)

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

In analyzing the development of the concept of civil rights since the adoption of the Fourteenth Amendment, two historical accounts seem available. According to the first account, the concept initially encompassed a relatively limited set of rights, associated with the ability of all citizens to engage in the productive activities of the economy and avail themselves of the protection of the legal system. Then the concept gradually expanded to include what had initially been thought of as political (...) rights, such as the right to vote, and then to identify the entire set of rights to equal treatment in all domains of life outside a relatively narrowly-defined private sphere. According to the second account, the concept of civil rights was fuzzy from the outset; although political actors spoke as if they had a clear understanding of distinctions among civil, political, and social rights, close examination of their language shows that the distinctions tended to collapse under slight pressure. (shrink)

Comparing Aristotle's and Confucius' ethics, where each represents an ethics of virtue, I show that they are not susceptible to some of the frequent charges against them when compared to non-virtue ethical theories like utilitarianism and deontology. These charges are that virtue ethics: (1) lack universal laws; they cannot (a) provide content for actions, and (b) they do not consider actions in the evaluation of morality. (2) Virtue ethics cannot provide the resources for dealing with social justice and human (...) rights practices. Contrary to these charges, I show how these thinkers' ethics can account for the first generation civil and political rights, and the second generation economic, social and cultural rights. (shrink)

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

Critical approaches to the canon of Western political and legal thought from the point of view of race or gender have developed in recent years, as have studies highlighting the connections between supposedly universalist philosophies and their role in sustaining or legitimizing imperial and colonial conquests. On social contract theory in particular, seminal works include Charles Mills’ The Racial Contract and Carole Pateman’s The Sexual Contract. The importance of this type of work cannot be understated, and Mills is right (...) to insist on the “blinding whiteness of the discipline.” In the case of Hobbes, I argue, the privilege established in his texts is better qualified as “civilizational” rather than “racial.” Hobbes’s texts construct a certain image of civilization, a form of exclusion and domination that eschews biological determinism in favor of social, historical bias. This “civilizational” thinking certainly can work – and will work later on in conjunction with modern racism and white privilege – to exclude many. The racial contract – as per Mills – is only a late installment on a more fundamental one, the civilizing contract. (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, (...) class='Hi'>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)

People with mental illness are subjected to stigma and discrimination and constantly face restrictions in the exercise of their political, civil and social rights. Considering this scenario, mental health, ethics and human rights are key approaches to advance the well-being of persons with mental illnesses. The study was conducted to review the scope of the empirical literature available to answer the research question: What evidence is available regarding human rights and ethical issues regarding nursing care (...) to persons with mental illnesses? A scoping review methodology guided by Arksey and O’Malley was used. Studies were identified by conducting electronic searches on CINAHL, PubMed, SCOPUS and Hein databases. Of 312 citations, 26 articles matched the inclusion criteria. The central theme which emerged from the literature was “Ethics and Human Rights Boundaries to Mental Health Nursing practice”. Mental health nurses play a key and valuable role in ensuring that their interventions are based on ethical and human rights principles. Mental health nurses seem to have difficulty engaging with the ethical issues in mental health, and generally are dealing with acts of paternalism and with the common justification for those acts. It is important to open a debate regarding possible solutions for this ethical dilemma, with the purpose to enable nurses to function in a way that is morally acceptable to the profession, patients and members of the public. This review may serve as an instrument for healthcare professionals, especially nurses, to reflect about how to fulfil their ethical responsibilities towards persons with mental illnesses, protecting them from discrimination and safeguarding their human rights, respecting their autonomy, and as a value, keeping the individual at the centre of ethical discourse. (shrink)

This paper poses questions regarding the ethical prioritisation in qualitative research studies on assessing a person's or a group's fitness to provide informed consent, arguing that this may have unwanted as well as desirable consequences, particularly in relation to rights of citizenship for socially marginalised populations who tend to be labelled vulnerable. Drawing on three theoretical perspectives (Arendt, Honneth and Bourdieu), it is suggested that the emphasis placed on a research participant's capacity to provide informed consent cannot be regarded (...) solely as a protective measure for ?vulnerable? groups, but is also bound up with their social positioning as socially ?deficient? according to liberal (classical and neo-liberal) models of citizenship. Participation in a qualitative study can be seen as a dimension of the civil and human right to freedom of expression, and this can be particularly important for those labelled vulnerable as freedom of expression is a precondition for recognition and parity of status. Nevertheless, the importance of informed consent is not rejected; instead, it is posited that the protective rights accorded to vulnerable groups in qualitative research need to be considered alongside other human goods, such as the promotion of voice, agency and active citizenship. (shrink)

Jane Grant's book explores the need to redefine the social compact in twenty-first century America. It proposes a new compact that would honor the expansion of civil, political, and social rights in America, and would integrate these rights within a new civic procedural ethos, clarifying our obligations to each other, future generations, other nations, and other species.

In a recent spate of reflective writings on the concept of human rights, philosophers have been concerned to firm up the analytical boundaries of human rights discourse, without excluding welfare rights from the catalogue. The article considers three of these recent attempts to `revalue the currency' of human rights: the agency conception, the pluralist conception, and the negative duties conception. It ultimately defends a `dignity-based' account of human rights, in which any number of human interests (...) and values may ground a right, but in which the failure to respect the right must constitute a threat to human dignity (one's sense of self-worth as a person) in order for it to count as a genuine human right. It further argues that a `dignity-based' account of human rights justifies a focus on the state as the agent against which human rights are held, and gives us reason to doubt that the state could adequately fulfil the human-rights-based duties it owes its citizens by simple forbearance. On the account offered here, the state may be said to violate the rights of its members, and to threaten their human dignity, when it fails to provide them with the means to realize their basic needs. Key Words: human dignity • civil and political rights • welfare rights • social rights. (shrink)

This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer solutions for the (...) complex relation between economics and politics in our present time; 2) to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3) to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state. O presente artigo tenciona contribuir a esclarecer uma questão, tão complicada quanto polêmica, no âmbito da teoria kantiana do Estado de direito. Pretendo submeter à discussão se a teoria racional de Kant sobre o Estado legal sustenta ou rejeita o fato de que certas situações sociais excepcionais, como a extrema pobreza de uma parte da população, requerem o apoio institucional do Estado para garantir a consecução de um limiar mínimo de independência civil. Proponho-me os três seguintes objetivos: 1) argumentar a capacidade da doutrina kantiana do direito para propor soluções para a difícil relação entre economia e política, no tempo presente; 2) mostrar que o ponto de vista pragmático que Kant adota quando analisa as preocupações sociais do Estado recusa a ideia segundo a qual Kant sustenta uma concepção abstrata da política e 3) sugerir a tese de uma teoria não paternalista do Estado de direito sem ter que renunciar necessariamente aos princípios básicos do welfare state. (shrink)

In 1967, the superior general of the Society of Jesus, Pedro Arrupe, sent a memorandum on the American “racial crisis” to the Jesuit priests, brothers, and social institutions of the United States. Through appeals to the American legal and Catholic moral traditions, On the Interracial Apostolate articulated why Jesuits should strive to achieve racial equality, initiating a historic period of expansion in Jesuit civil rights programs. Given scholars’ limited engagement with On the Interracial Apostolate’s distinctive rhetorical features, (...) this article explains why the document was framed within the discursive framework of prophetic indictment by uncovering the influence of William J. Kenealy, a Jesuit legal scholar, on the document’s drafting. In light of this drafting history, this article concludes by suggesting that the emergence of twentieth-century “Jesuit anti-racism” can, in part, be explained by how questions about racial equality came to be understood as discrete expressions of broader debates about the American legal tradition’s moral foundations. (shrink)

In this article, the authors share their research on a curriculum for social justice, truth, and then reconciliation as put forth by the First Nations Child and Family Caring Society (Caring Society). The Caring Society is a non-profit organization that advocates for equity and social justice for First Nations children and creates social justice educational materials for Canadian learners. The authors provide an overview of the Caring Society campaigns and educational research. More specifically, they discuss how the (...) Caring Society is creating educational resources that center a child and youth-driven civil rights movement across the school curriculum. Such curricular and pedagogical approaches focus on truth and then reconciliation, Indigenous sovereignty, and position a social justice pedagogy. They then discuss some of the ways we might advocate relational forms of citizenship that seek to honour the truth, and then reconciliation education. (shrink)

Who protects individual liberties and human dignity from domination by the State, by Civil Society or by individuals is a question under debate in China as well as the West, not from the point of view of Liberalism, but from the point of view of ‘Relationality’. Liberalism posits the individual as the measure of these matters but the ‘individual’ in question is an abstraction. Relationality posits social relations as the measure of these matters. Persons are not abstractions. They (...) combine several different social ‘roles’, and each role includes obligations as well as rights. These roles limit the individual’s freedom of action. There are no unipersonal societies. Liberalism also posits rights as an abstraction: ‘All men are created equal’. Relationality posits rights in a context of mutual recognition of rights and responsibilities. Rights only exist if they can in fact be exercised. From the point of view of Relationality, therefore, a person’s ability to exercise her or his rights must be seen in the light of a concept of Justice and there must be an agency that can guarantee this Justice, the exercise of these rights, while it guarantees the fulfilment of social obligations. Is this the role of the State? of Civil Society? of the Market? To truly discuss these matters in a transcultural context, we would need to look for common ground, not take as ‘self-evident’ the classical Liberal perception of the individual. Understanding the underlying political philosophy of China’s concept of ‘responsive authoritarianism’ does not mean endorsing it. But understanding this idea and its ramifications does provide room for amplifying the basic question of who protects individual liberties and human dignity. (shrink)

Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part of this (...) charge claims that the current IP regime is privatizing the very building blocks of research and development – that used to be part of the commons. The public domain, in contrast to the private domain, may be the locus of much more diverse forms of creativity that at the same time ensures a wider plurality of productive traditions. An IP regime must support a sense of public morality because it is dependent upon civil support. This inevitably prompts questions of what are “good” exclusive rights and what are “bad” exclusive rights, and how shall such IP rights be developed. We argue that the democratization of the current IP regimes is an important first step to respond to these issues. (shrink)

Abstract.The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights (...) of women in the context of poor countries with the problem of fast population growth. He argues that a coherent goal‐rights system which accommodates rights among others goals, can overcome the non‐consequential arguments and justify the force of moral rights fully within a consequentiality perspective. (shrink)

In Morocco’s process of liberalization (and democratization), the dynamics between social actors defining themselves as “secular” and those labeled “Islamist” are critical. This paper probes the possibility of these actors transcending their frequent opposition and building mutual trust and “civil” interaction, thereby strengthening civil society and the possibility of continued reform in Morocco. Using Morocco’s recent Equity and Reconciliation Commission as an analytical tool, the paper focuses on the human rights arena as a potentially fruitful place (...) for Islamists and secularists to meet. To what extent is a shared commitment to human rights norms possible for non-violent Islamists and secularists? And can a flexible idea of human rights be an effective tool to create trust despite mutual perceptions of threatening ideal aims in the “other”? (shrink)

Discussions of the framework and terminology associated with the right to health tend to treat the indeterminacy of ‘health’ as conceptual noise that the construction of effective policy must not focus on, but find ways of bracketing out. On this basis, the right to health is broadly regarded as a social and economic, rather than a civil and political right. This article draws critically on literature about the implications of developments in medical biotechnologies, to argue that a positive (...) acknowledgement of the indeterminate character of health should transform, rather than simply hinder, the quality of debate over what is to be understood and expected in connection with a right to health. A focus on indeterminacy allows for the perception and the formulation of health-related demands that may not stem from the scarcity of material resources or technical means, but from the misplaced authority of particular voices in defining what possibilities are to be seriously envisaged. This proposition only becomes politically effective, it is argued, when ‘indeterminacy’ (and the capacity for normativity) is referred to life itself and not merely to social and moral judgements about life. Although more immediately pertinent to the concerns of relatively privileged populations, the focus on indeterminacy provides a key to generating a certain symmetry and complementarity of interest, across the privileged/underprivileged divide, in promoting health as a (human) right. (shrink)

We argue that analyses of civil religious ideologies in civil rights contention must include the interplay of both movement and countermovement ideologies and must recognize the ways in which such discourse amplifies conflict as well as serves as a basis for unity. Based on in-depth interviews, archival research, and content analysis of civil religious language, this article examines how priestly and prophetic civil religious discourses, and the infusion of Black power ideologies, provided significant and dynamic (...) resources for both movement and countermovement ideologies during periods of civil rights contention in Cairo, Illinois, especially from 1969 to 1972. We compare the ways in which Cairo’s civil rights leaders mobilized prophetic versions of civil religion, and concomitantly, how white countermovement organizations used a priestly civil religion. On the prophetic side the themes of “equality,” “freedom,” “justice,” and the “right to revolt” against worldly socio-political arrangements were employed. On the priestly side, the theme of “law” and “order” was played up, with a secondary theme that connected religious acquiescence to worldly power with God’s will. The former rhetoric saw calls for economic and employment integration within God’s will and the nation’s destiny. The latter rhetoric contrasted civil rights claims as essentially “un-American.”. (shrink)

The luxury-versus-necessity controversy is primarily concerned with the importance of civil and political rights vis-à-vis economic and social rights. The viewpoint of political leaders of many developing and newly industrialized countries, especially China, Singapore, Hong Kong, Malaysia and Indonesia is that civil and political rights are luxuries that only rich nations can afford. The United Nations, transnational civil society and the Western advanced countries oppose this viewpoint on normative and empirical grounds. While this (...) controversy is far from over, new challenges of “evidence” and “marketization” are emerging. The first calls for a narrative on the history of civil and political rights in the West in the comparative context of the Industrial Revolution and the East Asian Miracle and China’s economic growth. The effects of the recent financial crisis and insulation of China from the Arab Spring further deepen this challenge. The marketization challenge looks at this controversy from the social exclusion angle. It argues that the basic needs covered by the minimum human rights agenda are becoming luxuries in a real sense for those who do not have the power to purchase these needs from the market. (shrink)

When business organisations become involved in contributing to and resolving social issues, they enter areas traditionally seen as the purview of governments. In doing so, they begin to take on the expectations and responsibilities of government; they become politicised. This politicisation is a product of business’s success and power and appears largely unavoidable. Adopting Matten & Crane’s (2005a) extended view of corporate citizenship, business organisations’ responsibilities extend to the administration of citizens’ social, civil and political rights. (...) We term these areas where business organisations take over the administration of citizenship rights as the social governance gap. Drawing upon the agenda of Margolis and Walsh (2003), we seek to enhance the understanding of how business navigates its responsibilities within the social governance gap, including its function as a significant actor influencing societal development and wellbeing. We do this through an exploration of Rio Tinto’s involvement in the WA Future Fund. This paper forms part of an introductory scoping case study of the Rio Tinto WA Future fund and its function as one of Rio Tinto’s diverse responses to community development issues in Western Australia. (shrink)

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

This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery both at the EU and Member State levels, and assesses their effectiveness. It describes several factors that hinder the implementation of EU fundamental (...) class='Hi'>rights policy and reviews the strategies of civil society to overcome them. It highlights the reluctance of parts of public opinion to combat ethnic prejudice, considers reactions against what at a time of crisis is perceived as a costly project of social regulation, and examines civil society responses. The data sources consist of interviews with bureaucratic and civil society actors at EU level. (shrink)

This article addresses three questions: How can we define and measure what constitutes a foreign policy in human rights? How is it possible to explain both the activism of a state and its ideological orientation in the international promotion of human rights? What is the empirical evidence found when we try to answer these questions in intermediate states? Research done on four cases (Argentina, Australia, Brazil and South Africa) suggests a correlation between domestic efforts in the promotion of (...) human rights and international advocacy. It also shows that the greater the power of intermediate states, the greater their activism in human rights. Further, as development grows states show less support for economic, social and cultural rights. Last, the strategic relation with the USA shapes how states vote regarding human rights violators states. (shrink)

In his 1963 response to an open letter from eight white religious leaders chastising his involvement in Birmingham, Martin Luther King, Jr. explained that civil rights activists’ blatant breaking of some laws while obeying others was the result of two types of laws: just laws and unjust laws. Civil rights activists believed they had a legal responsibility to obey just laws and a moral responsibility to disobey unjust laws. Today, new civil rights struggles continue (...) to challenge unjust laws that shred the fabric of democracy that America espouses. Drawing upon both the Civil Rights Movement and the contemporary Movement for Black Lives, this article argues that unjust laws and practices must be broken and challenged before a just society is established. It identifies four ethical strategies for social activism: collective work and responsibility, strategic timing and economic disconnection, political mobilization, and faithful perseverance. (shrink)

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

It is notable how some papal social encyclicals have interchangeably used the terms ' common good ' and 'human rights.' This article analyzes the papal common good teaching and its contemporary shift to include human rights. I also explore the differential nuances between the common good and the human rights. Human rights as advocated by civil societies are understood as arising from a conception of the nature of the human person. The common good has (...) been expressed in practical ways through human rights, especially the right to work and receive a just wage. The papal social encyclicals are viewed here as relevant to our contemporary world where extreme capitalism and unrestrained consumerism have led to the accumulation of wealth and power in the hands of a few people. (shrink)

The value of solidarity, which is exemplified in noble groups like the Civil Rights Movement along with more mundane teams, families and marriages, is distinctive in part because people are in solidarity over, for or with regard to something, such as common sympathies, interests, values, etc. I use this special feature of solidarity to resolve a longstanding puzzle about enacted social moral rules, which is, aren’t these things just heuristics, rules of thumb or means of coordination that (...) we ‘fetishize’ or ‘worship’ if we stubbornly insist on sticking to them when we can do more good by breaking them? I argue that when we are in a certain kind of solidarity with others, united by social moral rules that we have established among ourselves, the rules we have developed and maintain are a constitutive part of our solidary relationships with one another; and it is part of being in this sort of solidarity with our comrades that we are presumptively required to follow the social moral rules that join us together. Those in the Polish Revolution, for example, were bound by informally enforced rules about publicity, free speech and the use of violence, so following their own rules became a way of standing in a valuable sort of solidarity with one another. I explain why we can have non-instrumental reasons to follow the social moral rules that exist in our own society, improve our rules and even sometimes to break the otherwise good rules that help to unite us. (shrink)

It is, perhaps, a propitious time to discuss the economic rights of disabled persons. In recent years, the media in the United States have re-ported on such notable events as: students at the nation's only college for the deaf stage a successful protest campaign to have a deaf individual ap-pointed president of their institution; a book by a disabled British physicist on the origins of the universe becomes a best seller; a pitcher with only one arm has a successful (...) rookie season in major league baseball; a motion-picture actor wins an Oscar for his portrayal of a wheelchair-bound person, beating out another nominee playing another wheelchair-bound person; a cancer patient wins an Olympic gold medal in wrestling; a paralyzed mother trains her children to accept discipline by inserting their hands in her mouth to be gently bitten when punishment is due; and a paraplegic rock climber scales the sheer four-thousand-foot wall of Yosemite Valley's El Capitan. Most significantly, in 1990, the United States Congress passed an important bill – the Americans with Disabili-ties Act – extending to disabled people employment and access-related protections afforded to members of other disadvantaged groups by the Civil Rights Act of 1964. (shrink)

Framed by theoretical perspectives on Black Feminist Thought, the life course, and the Generation X/Hip-Hop generation, I present findings from a subset of 10 Black women educators in Birmingham, Alabama who participated in a larger life story project. The participants, who came of age professionally across the pre- and post-civil rights movement (CRM), describe divergent and convergent social and historical contexts that shaped their professionalization, as well as their relationships with and perceptions of Black students and parents. (...) Participants across generation theorize that teaching and leading are activist practices in their own right, which entail clandestine support and silent protest, intergenerational bridge-building, and debunking the myth of Black inferiority. Post-CRM educators, in particular, expressed ambivalence about their urban students? futures. I conclude that multigenerational perspectives should figure more prominently in the scholarship on Black education in the US South. This emphasis could spark new directions and strategies for linking successive generations of Black educators, thereby maximizing opportunities for intergenerational dialogue and collaboration for transformative change in urban education. (shrink)

The moral and political arguments, judgements and commitments of Britain's outstanding radical philosopher.What society ought we to have, and what can we do to try to get it? This book sets out to answer these questions beginning with a new essay on the foundation of a liberalism of means and ends, John Stuart Mill's On Liberty. It goes on to consider the culmination of liberal thinking in John Rawls' A Theory of Justice. It argues that liberalism is good intentions not (...) carried forward into rational commitment. Conservatism, in its past and its present guises, is also made clear in its reality. So too is the leftism of the past, including G. A. Cohen's attempt to save Karl Marx's theory of history. Both are discarded. The book argues for another political and social morality - the generosity and fellow-feeling of the Principle of Humanity. It is a consequentialist rather than a mysterious morality, and its essential idea is that we should take rational steps to rescue the badly-off from lives of wretchedness and other distress. This is the commitment that led to Ted Honderich's human and passionate response to 9/11, After the Terror - the most controversial book of serious philosophy published in Britain since A. J. Ayer's Language, Truth and Logic in 1936. A further chapter considers hierarchic democracy - the democracy we have as distinct from the democracy we think we have - and the necessity of mass civil disobedience. The book ends with an essay that adds to the thinking of After the Terror, particularly on the moral right of the Palestinians to their resistance. (shrink)

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, (...) though, can inspire attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration (...) and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience. (shrink)

The New Leviathan, originally published in 1942, a few months before the author's death, is the book which R. G. Collingwood chose to write in preference to completing his life's work on the philosophy of history. It was a reaction to the Second World War and the threat which Nazism and Fascism constituted to civilization. The book draws upon many years of work in moral and political philosophy and attempts to establish the multiple and complex connections between the levels of (...) consciousness, society, civilization, and barbarism. Collingwood argues that traditional social contract theory has failed to account for the continuing existence of the non-social community and its relation to the social community in the body politic. He is also critical of the tendency within ethics to confound right and duty. The publication of additional manuscript material in this revised edition demonstrates in more detail how Collingwood was determined to show that right and duty occupy different levels of rational practical consciousness. The additional material also contains Collingwood's unequivocal rejection of relativism. David Boucher's introduction shows that The New Leviathan and The Idea of History are integrally related and that neither can be properly understood independently of the other. He is also concerned to show how many of Collingwood's ideas have a contemporary relevance, and that his ideas on barbarism are not so unusual as they might at first appear. (shrink)

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

While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect health, (...) and shows that the use of health impact assessment draws attention to economic and social rights. While civil and political rights are an astonishing social achievement, they are not in themselves sufficient to promote health. (shrink)

All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back (...) to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society. (shrink)