Europe is facing a wave of refugees and migrants. To solve the many inherent problems is primarily a practical political task. However, there are existential experiences, democratic values, human attitudes, and political principles involved, and I am going to look particularly to the following three aspects of the refugee crisis, 1) the existential, 2) the political, and 3) the legal. Finally, I will make a concluding remark on education’s task.

Despite offering some protection for refugees, realpolitik in international affairs ensures that the paradigm of human security remains aspirational rather than practical. This paper begins by providing a brief snapshot of the current global refugee crisis, encompassing multiple local crises in the Middle East, Europe, Africa, and Latin America. It next details the international community’s response to these crises, highlighting the punitive policies used by the Australian government and the European Union to impede the asylum process. Lastly, the (...) paper will assess whether the framework of human security can support the right to asylum, a right that is enshrined in international law. Following a brief introduction to the concept of human security, the paper will explore its strengths and limitations, examining whether it offers a complementary source of protection to the right to asylum in the face of eroding refugee rights. I argue that human security is a useful but imperfect framework for protecting refugee rights. (shrink)

This volume offers a systematic philosophical analysis of the normative challenges facing European refugee policy, focusing on whether the response to it can be based on European values. By considering the refugee policy through the lens of European values, cosmopolitan norms and universal human rights, the contributions expose the weaknesses and limitations of existing regulations and make proposals on how to improve them. The EU is often seen as a cosmopolitan project. Europe is supposed to be a community (...) of states that aspires to be guided by cosmopolitan norms. However, the idea of a cosmopolitan Europe has never been unanimously shared, and in recent years, it has come under increasing scrutiny, particularly with regard to the EU’s refugee policy. The guiding idea of this book is that a deeper philosophical understanding of the normative issues at stake can foster greater conceptual clarity and enrich political debates on the future of European refugee policy. The first part of the book revolves around the question of whether the rise in refugee numbers over the past decade has led to a crisis in the EU and, if so, how this crisis relates to or impacts European values. The second part traces the history of the discourse on “European values” and examines from a philosophical perspective how we can plausibly understand these values in terms of their moral grammar, their normative content and their implications for the behaviour of the EU and its member states. Finally, the third part puts forth recommendations for a feasible and normatively more compelling European refugee policy based on human rights, human dignity, justice and democratic self-determination as the decisive normative requirements. Cosmopolitan Norms and European Values: Ethical Perspectives on Europe’s Refugee Policy will be of interest to researchers and advanced students working in ethics, political philosophy, political science, social sciences and law. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. (shrink)

In the wake of the recent global refugee and migration crisis, Hannah Arendt’s defense of the right to have political rights has become prominent again. Her work is read as an early reminder that the internationally promoted human rights regime may be merely a rhetorical reference, without the will or international authority for political action. I examine Arendt’s analysis in its historical context and then turn to consider Ricœur’s understanding of human rights. The capability to respond to and (...) to be held accountable by others marks Ricœur’s ethics of responsibility. He agrees with Arendt that legal authority must rest upon power and not domination, but he insists that the undercurrent of common power is the moral capability of an agent. The essay examines the ramifications of Ricœur’s ethics for the current crisis of refugees and migration, and it argues that he offers, at the same time, a correction useful for the ethical foundation of human rights. (shrink)

Why are human rights abuses of refugees at the EU’s geographical periphery tolerated by other EU states? This chapter uses the case of Hungary and Germany to explore how the former abolished the institution of asylum, shedding light on the human rights abuses of refugees, and why states such as the latter seem to condone such actions. It argues that core EU member states condone human rights abuses at the geographical periphery of the EU as long as (...) they contribute to keeping refugees from accessing their territory. If the ‘dirty work’ is being done by others, the moral self-portrait of a generous refugee-receiving state remains, on the surface, untarnished. The chapter aims at disenchanting this image. (shrink)

Frontier Justice is a gripping, eye-opening exploration of the world-wide refugee crisis. Combining reporting, history and political philosophy, Andy Lamey sets out to explain the story behind the radical increase in the global number of asylum-seekers, and the effects of North America and Europe’s increasing unwillingness to admit them. He follows the extraordinary efforts of a set of Yale law students who sued the U.S. government on behalf of a group of refugees imprisoned at Guantánamo Bay; he recounts one (...) refugee family’s harrowing journey from Saddam Hussein’s Iraq to contemporary Australia via the world’s most dangerous ocean crossing; and he explores the fascinating case of Ahmed Ressam, the so-called Millennium bomber who filed a refugee claim in Canada before attempting to blow up the Los Angeles airport. Lamey casts new light on a host of broader subjects, from the reasons why terrorists who pose as refugees have an overwhelming failure rate to the hidden benefits of multiculturalism. Throughout Lamey’s account, he focuses on the rights of people in search of asylum, and how those rights are routinely violated. But Frontier Justice does not merely point out problems. This book offers a bold case for an original solution to the international asylum crisis, one which draws upon Canada’s unique approach to asylum-seekers. At the centre of the book is a new blueprint for how the rights of refugees might be enforced, and a vision of human rights that is ultimately optimistic and deeply affirmative. (shrink)

In this paper I argue that we should not frame the debate over whether or not we have duties to help refugees in terms of duties of rescue. This way of framing the issue, where Western states are depicted as rescuing refugees from harms unconnected to them, does not adequately represent the reality experienced by refugees in the 21 st century. I suggest that we need a framework that includes the secondary harms experienced by refugees as they try to seek (...) refuge in camps, urban spaces and via asylum. These secondary harms constitute serious violations of human rights and prevent refugees from accessing the minimum conditions of human dignity. As a result, the rescue metaphor is inappropriate and, perhaps more importantly, prevents us from having a proper debate about the obligations of states in general, and Western states in particular, to refugees. (shrink)

This paper takes up the questions of how the refugee crisis exhibits the fault lines in what might otherwise seem to be a robust human rights regime and what kinds of ways of seeing and thinking might better attune us to solving these problems. There is surprising agreement internationally on the content of human rights, although there is a huge gulf between international agreements on human rights and the protection of those most vital. The subtitle of the (...) paper, “another stab at universal human rights,” has a double entendre: in the midst of a crisis that is stabbing international agreements on human rights to its core, I will take a stab at using the crisis situation to point a way forward toward a cosmopolitan social imaginary that uses human imagination, not just as an ability to represent in one’s mind what one has seen elsewhere, but also as an ability to imagine something radically new. This social imaginary points to the necessity of according everyone, refugees included, as having a right to politics and thus a hand in shaping their own world, including their new, host communities. (shrink)

With increasingly protracted conflict and crisis situations and today’s sustainable development imperative, the global community is facing challenges in providing quality education to refugee learners. The article reflects on conventional approaches that have been adopted by the global stakeholders and questions whether the current state of refugee education is indeed educational. Based on Paulo Freire’s theoretical standpoint, the article draws on limitations of the dominant approaches in the field of refugee education. It argues that there needs to be an alternative (...) view perceiving refugees beyond merely beneficiaries of educational interventions, and education beyond a tool for domestication. (shrink)

Recent crises in Europe and beyond have renewed a longstanding debate on the status and treatment of refugees. Hannah Arendt famously questioned the limits of universalistic human rights discourse based on the widespread phenomena of statelessness and displacement that emerged during and after World War II. In this paper, we analyze recent patterns of inclusion and exclusion of refugees in Italy through the lens of Arendtian narrative and theorizing. We consider three cases of interaction between families, schools, and (...) other public institutions in light of the shifting normative framework before and during the war in Ukraine. Two major insights emerge from this analysis. From a pedagogical point of view, the most promising educational practices with refugees are those centered on enabling their agency and corresponding experiences of "natality". From an ethical-political perspective, these practices highlight a latent tension between the universalistic scope of human rights enshrined in the human rights declarations and their structural dependence on the particular norms and procedures enacted by nation states. The understanding and teaching of human rights within our political communities is inseparable from the practices that engage with refugees. In this sense, our practices of inclusion and exclusion affect the understanding of national borders as a barrier or threshold with other political communities, but also the interpretation of our own ethical-political principles. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Solidarity: From Civic Friendship to a Global Legal CommunityPaul HendricksonThe University of South Carolina. Hauke Brunkhorst. Cambridge: MIT Press, 2005. Pp. xxv + 262. $42.50, hardcover.Public appeals to solidarity have been pervasive throughout the storied history of political dissent and democratic politics. From the French Revolution and the European revolutions of 1848 to decolonization, Polish Solidarność, and the antiglobalization movement, solidarity has been invoked as a means (...) of reinventing citizenship, rights, and community. Yet political theorists have not generally accorded the concept of solidarity a degree of attention comparable to that afforded other core political concepts, such as freedom, equality, and deliberation. In Solidarity, Hauke Brunkhorst seeks to remedy this neglect, arguing that the concept of solidarity should be deemed fundamental to democratic theory and practice: "In modern societies, solidarity coincides with the concept of democracy" (xxiii). Brunkhorst presents this thesis as a corrective to current theory, but he also develops it—in the spirit of much Frankfurt School theorizing—as a Zeitdiagnose, as a timely diagnosis, regarding the threats globalization poses to democratic self-governance: "Power, law, and money are globalized [today] at the expense of democratic solidarity" (7).Solidarity, as Brunkhorst understands it, is a thoroughly modern concept. The "ideas of 1789"—in particular, the fraternité of the French Revolution—provided the historical foundation for an egalitarian and democratic model of solidarity. Over the course of the nineteenth century, the concept of solidarity [End Page 343] gradually replaced that of fraternity in the wake of industrialization. Drawing on Marx, Brunkhorst argues that what promoted working-class solidarity was "not the local sympathy of communal relations or the friendly affection... of a tightly structured polis," but rather the railway, the steamship, and the telegraph (60). Brunkhorst's historiography is woven into a broad social-theoretic framework. Following Durkheim, he reasons that the modern division of labor is not founded on the mechanical solidarity of Gemeinschaft, on a shared sense of affinity, ritual, and communal belonging, but on the organic solidarity of Gesellschaft, on the integration of an individualized, pluralist, and functionally differentiated society.To readers acquainted with contemporary German appropriations of the sociological tradition, many of Brunkhorst's conceptual moves will seem familiar. But his unique fusion of social-theoretic and historical argumentation yields a fascinating and novel characterization of solidarity. For Brunkhorst, solidarity is not a form of sentiment or emotional bond; it is not premised on compassion for "tormentable bodies" (Brecht) or on a "flexible feeling of sympathy" (Rorty); rather, "it is nothing but the democratic realization of individual freedom" (3). This normative model of solidarity is guided by the regulative ideal of a political association without domination; it envisages a polity in which the individual is neither servant nor master to her compatriots. As modes of governance become increasingly globalized, democratic forms of solidarity must reach beyond the rights traditions of particular nation-states to include a "human-rights patriotism."Brunkhorst traces this ideal back to Greco-Roman antiquity and the Judeo-Christian tradition. Drawing principally on the writings of Greek and Roman philosophers, he argues that civic friendship (philia) provided a space for mutual freedom, emancipated individuals from the bonds of kinship, generalized friendship into a form of patriotism (philia politike), and realized the universal essence of man as a political being. But this civic-republican model remained profoundly elitist, excluding the many on the basis of gender, class, and citizenship status. More suggestive and original is Brunkhorst's treatment of Jewish and Christian thought. The intersection between rhetoric and philosophy is central to his interpretation of the Exodus story and covenant theology as a form of collective countermemory and as a prophetic practice of critique. Through his reading of the Jotham fable and other biblical narratives, he argues that the Jewish prophets and the Christian New Testament avowed "the equal proximity of all humans to God" and contributed to a "prophetic project of egalitarian solidarity" (33, 36). [End Page 344]Brunkhorst's historical reconstructions culminate in the French Revolution. On his view, the otherworldly universalism of the Judeo-Christian tradition was secularized and institutionalized in the Declaration of the Rights of Man and Citizen (1789) and the first French... (shrink)

Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of (...) the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership. (shrink)

This article considers the meanings attached to refugeehood, repatriation and liberal citizenship in the twentieth century. Refugees are those who have been unjustly expelled from their political community. Their physical displacement is above all symbolic of a deeper political separation from the state and the citizenry. ‘Solving’ refugees’ exile is therefore not a question of halting refugees’ flight and reversing their movement, but requires political action restoring citizenship. All three ‘durable solutions’ developed by the international community in the twentieth century (...) – repatriation, resettlement and local integration – are intended to restore a refugee's access to citizenship, and through citizenship the protection and expression of their fundamental human rights. Yet repatriation poses particular challenges for liberal political thought. The logic of repatriation reinforces the organization of political space into bounded nation–state territories. However, it is the exclusionary consequences of national controls over political membership – and through this of access to citizenship rights – that prompt mass refugee flows. Can a framework for repatriation be developed which balances national state order and liberal citizenship rights? This article argues that using the social contract model to consider the different obligations and pacts between citizens, societies and states can provide a theoretical framework through which the liberal idea of citizenship and national controls on membership can be reconciled. Historical evidence suggests that the connections in practice between ideas of citizenship and repatriation have been far more complex. In particular, debate between Western liberal and Soviet authoritarian/collectivist understandings of the relationship between citizen and state played a key role in shaping the refugee protection regime that emerged after World War II and remains in place today. Repatriation – or more accurately liberal resistance to non-voluntary refugee repatriation – became an important tool of Cold War politics and retains an important value for states interested in projecting and reaffirming the primacy of liberal citizenship values. Yet the contradictions in post-Cold War operational use of repatriation to ‘solve’ displacement, and a growing reliance on ‘state-building’ exercises to validate refugees’ returns demonstrates that tension remains between national state interests and the universal distribution of liberal rights, as is particularly evident when considering Western donor states’ contemporary policies on refugees and asylum. For both intellectual and humanitarian reasons there is therefore an urgent need for the political theory underpinning refugee protection to be closely examined, in order that citizenship can be placed at the centre of refugees’ ‘solutions’. ☆ The article is based on a paper given at a workshop on Citizenship organized by the Centre for History and Economics and held at Robinson College, Cambridge on 14–15 July 2008. It draws largely on archival research undertaken for my Ph.D., The Politics of Refugee Repatriation in the Twentieth Century, which was completed in July 2009 at the University of Cambridge. My particular thanks to Melissa Lane and Matthew Gibney for their help in developing these arguments, and to the archivists at UNHCR and the League of Nations Archives at UNOG. (shrink)

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

Roma communities across Europe still remain a neglected population group by way of the social and economic disadvantage that largely characterizes their lives. Roma communities continue to experience structural socioeconomic health inequalities on the grounds of their ethnic origin, alarmingly unveiling a pattern of systematic discrimination and ethnic marginalization. Without any doubt, such a highly worrying situation calls for States to incorporate Roma health rights within their law and policy agendas in a manner consistent with right to health requirements. (...) Against this background, this paper seeks to identify an operational human rights framework for States as a driver for better informed policies and implementation as well as for Roma engagement in the deliberations about their life prospects. The paper argues that continuing, concerted, and proactive State engagement is required for effectively addressing the structural obstacles impeding Roma socioeconomic health rights realization and maximizing Roma opportunities for well-being. (shrink)

Working at the bedside and within communities as patient advocates, nurses frequently intervene to advance individuals’ health and well-being. However, the International Council of Nurses’ Code of Ethics asserts that nurses should expand beyond the individual model and also promote a rights-enabling environment where respect for human dignity is paramount. This article applies the results of an ethnographic human rights study with displaced populations in Rwanda to argue for a rights-based social advocacy role for nurses. Human rights (...) advocacy strategies include sensitization, participation, protection, good governance, and accountability. By adopting a rights-based approach to advocacy, nurses contribute to health agendas that include more just social relationships, equitable access to opportunities, and health-positive living situations for all persons. (shrink)

The European refugee crisis is an important topic on media, political, and public agendas. Due to its scope and impact, its continuing prevalence on the media-agenda and the divisiveness of public debate, new research is needed to understand the media’s framing of the issue. This study inductively analyzes framing of the refugee crisis of 2015–2016 by two Dutch newspapers. Portrayal of the refugee crisis consists of ten different frames and counter frames. The frames are communicated on the level of the (...) refugee, on the level of the crisis as an event, and on a societal level. Results show that recent reporting on the refugee crisis is relatively nuanced and portrays the crisis from a variety of perspectives. Framing changes following certain transitory events, but only slight differences were found between popular and quality papers. (shrink)

In this study, I examine the online discourse of the European refugee crisis on the micro-blogging platform, Twitter. Specifically, I analyze 100 tweets that include #refugeesnotwelcome, and explore how this hashtag is used to express negative feelings, beliefs and ideologies toward refugees and migrants in Europe. Guided by critical discourse studies, I focus on Twitter users’ discursive strategies as well as form and function of semiotic resources and multimodality. Twitter users who include this particular hashtag use a rhetoric of (...) inclusion and exclusion to depict refugees as unwanted, criminal outsiders. These tendencies align with current trends in Europe where nationalist-conservative and xenophobic right-wing groups gain power and establish a socially accepted discourse of racism. (shrink)

This paper focuses on the current international refugee crisis and the ways in which it is leading to sharp symbolic and physical violence through the process of “othering.” Based on Hannah Arendt’s discussion of statelessness and the question of the right to have rights, and Giorgio Agamben’s discussion of Homo Sacer, as well as drawing on other key authors such as Judith Butler, we argue that conditions of extreme human vulnerability and dangers of totalitarianism are being radically worsened by (...) the ethnicized and racialized denial of the other, that is, of human rights. Rather than advocating an abstract cosmopolitanism, however, without strong purchase in contemporary social life, the paper concludes by noting the need to place oneself in a position of discomfort, in order to confront the tension between particularistic attachments and universalist aspirations, between the multiplicity of laws and the ideal of a rational order common to all polities, between belief in the unity of humankind and the healthy antagonisms and tensions generated by human diversity. (shrink)

This introduction discusses some of the background assumptions and recent developments of the current refugee crisis. In this issue, the crisis is not viewed as a primarily European, Western or even Syrian, Afghan, or Iraqi crisis, but as a global crisis that raises complex ethical and political challenges for all humanity. The contributions to this thematic issue discuss a variety of questions relating to the rights and duties of different actors involved in the refugee crisis, and assess some of the (...) suggested responses to handling the crisis. (shrink)

The author analyzes three waves of the crisis of democracy during the 20th and early 21st centuries. The first crisis of democracy in the early 20th century is caused by the emergence and development of public politics, which challenged the possibility to govern the masses having conflict potential, it balanced the power of the people and universal suffrage with the control of the media in order to maintain the stability of political system. The second wave of the crisis of democracy (...) (the last third of the 20th century) is associated with the destruction of the conventional world and the weakening of the nation-state; and its markers were: the imbalance between the branches of government, the domination of economics over politics, the predominance of equality over freedom, the problematic implementation of human rights, and, as a consequence, the inability to put into practice the national form of democracy. The third wave of crisis (early the 21st century) is accompanied by the transformation of democracy into post-democracy, in which the power of the people is replaced by the power of global capital, and the illusion of consent is reinforced by the prohibition of alternative points of view and the narrowing of the space of issues allowed for discussion in the name of public security. The crisis of the policy to achieve peace through the transformation of the balance of powers into a balance of interests called into question the principles of democracy. On the contrary, post-democracies justify the use of force to spread democracy around the world, and they take an active part in contemporary military conflicts, which can rightly be defined as hybrid proxy wars. Drawing on J. Habermas’s concept of communicative rationality, the author concludes that to overcome the crisis of democracy it is necessary to accept the very possibility of an alternative to this form of government and allow to discuss these previously marginalized issues as well as to maintain the return of the majority to genuine communication and politics, contribute to its enlightenment. (shrink)

In the European Union, the General Data Protection Regulation (GDPR) provides comprehensive rules for the processing of personal data. In addition, the EU lawmaker intends to adopt specific rules to protect confidentiality of communications, in a separate ePrivacy Regulation. Some have argued that there is no need for such additional rules for communications confidentiality. This Article discusses the protection of the right to confidentiality of communications in Europe. We look at the right’s origins to assess the rationale for protecting (...) it. We also analyze how the right is currently protected under the European Convention on Human Rights and under EU law. We show that at its core the right to communications confidentiality protects three individual and collective values: privacy, freedom of expression, and trust in communication services. The right aims to ensure that individuals and organizations can safely entrust communication to service providers. Initially, the right protected only postal letters, but it has gradually developed into a strong safeguard for the protection of confidentiality of communications, regardless of the technology used. Hence, the right does not merely serve individual privacy interests, but also other more collective interests that are crucial for the functioning of our information society. We conclude that separate EU rules to protect communications confidentiality, next to the GDPR, are justified and necessary. (shrink)

This paper is the second of two in a series. In our first paper, we presented a social justice framework emerging from an extensive literature review and incorporating core social determinants specific to mental health in the age of COVID-19 and illustrated specific social determinants impacting mental health (SDIMH) of our resettled Bhutanese refugee population during the pandemic. This second paper details specific barriers to the SDIMH detrimental to the basic human rights and social justice of this population during (...) this pandemic. The SDIMH, as described, further informs the need for social justice measures and cultural humility in mental healthcare, public health, law, and community engagement. This work concludes with a proposed call to action toward mental health improvement and fair treatment for refugee populations in three core areas: communication and education, social stigma and discrimination, and accessibility and availability of resources. (shrink)

A renowned scholar investigates the "human crisis" that Albert Camus confronted in his world and in ours, producing a brilliant study of Camus's life and influence for those readers who, in Camus's words, "cannot live without dialogue and friendship. As France--and all of the world--was emerging from the depths of World War II, Camus summed up what he saw as 'the human crisis'. 'We gasp for air among people who believe they are absolutely right, whether it be (...) in their machines or their ideas. And for all who cannot live without dialogue and the friendship of other human beings, this silence is the end of the world.' In the years after he wrote these words, until his death fourteen years later, Camus labored to address this crisis, arguing for dialogue, understanding, clarity, and truth. When he sailed to New York, in March 1946--for his first and only visit to the United States--he found an ebullient nation celebrating victory. Camus warned against the common postwar complacency that took false comfort in the fact that Hitler was dead and the Third Reich had fallen. Yes, the serpentine beast was dead, but "we know perfectly well," he argued, "that the venom is not gone, that each of us carries it in our own hearts." All around him in the postwar world, Camus saw disheartening evidence of a global community revealing a heightened indifference to a number of societal ills. It is the same indifference to human suffering that we see all around, and within ourselves, today. (shrink)

This article maps and analyzes quantitatively how the Scandinavian news press covered the 2015 Syrian refugee crisis. Our analysis shows that in the coverage of the migration events, Denmark and Sweden occupy polar positions in terms of their newspapers’ emphasis, with the former appearing more negative towards the refugees, and the latter more positive. The Norwegian case is found in between these. Danish print media more often mention the negative economic consequences of the arrivals, and Swedish the positive moral ones, (...) while Norway appears to occupy a middle ground in the Scandinavian discourse. We also find that the Scandinavian press writes less often about the negative consequences of refugees coming than the European press in general. However, the humanitarian aspects of the crisis became less prominent in the Scandinavian press over time, as in the rest of Europe. (shrink)

The figure of the refugee and asylum seeker, hidden from the masses, de-humanised, deprived of existence and rights, are in sharp contrast with their representation in the Hungarian mass media and in visual and textual materials of the Hungarian Governmental Information, which constructs a manipulated, extremist and xenophobic, ideologically biased reality. In this sense, the discourse on the refugee crisis has an actual and an untimely form. The first chapter of the paper is an ideology-criticism analysis, aiming at the deconstruction (...) of the ideological subject-construct of the contemporary refugee existence. This analysis focuses on the Hungarian political language used to refer to the European refugee crisis since 2015, primarily the political questionnaire entitled National Consultation on Immigration and Terrorism and the text and poster campaign of the Governmental Information related to it, with references to the later, 2017 Let’s Stop Brussels campaign, 2016 Hungarian Migrant quota referendum, 2017 Soros-plan Consultation, and materials of the information campaign Wirtschaft Zusammen Integrationsinitiativen der Deutschen Wirtschaft in Germany. In the second part, this contemporary constructed form of refugee and asylum seeker existence is paralleled with its untimely discourse. (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, (...) in particular given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

In this article, we examine disability and eugenics discourses and the ways they function in spaces where vulnerable persons have been historically excluded by the state and blamed for their own “immiseration.” We ask how queer theories of repudiation, abjection, and vulnerability lend insight into the ways that people with intellectual disabilities are discursively located outside normative discourses of home, care, and quality of life, and whether these discourses shifted to serve this vulnerable population when historically the very places in (...) question repudiated them, infringed on their human rights, and questioned their sexuality. To address these questions, we focus on the recent and impending closures of Virginia’s Training Centers, residential institutions for persons with intellectual disabilities now scheduled for staggered closures before 2020. (shrink)

Knowledge transmission and universality of man in global society -- The other and the paradoxes of universalism -- Religion, human rights, and political conflicts -- Europe : common values and a common identity -- The public sphere and political space -- America and Europe : Carl Schmitt and Alexis de Tocqueville -- Identity and human rights : a glance at Europe from afar -- Human rights, universalism, and cosmopolitanism.

This article investigates how all the main quality and tabloid newspapers and the television newscasts of the main broadcasters in Czechia and Slovakia framed immigrants, what the tone of the employed frames was, and who the main framing actors were before and during the EU refugee crisis (2013–2016). Using quantitative content analysis (N = 7,910), we show that security and cultural frames are most commonly employed while the victimization frame is much less common. Whereas tabloids use the security and cultural (...) frames more often, the victimization, economic and administrative frames are more often invoked in quality media. We also show that the framing of immigrants is predominantly negative, and that the security and cultural are the most negatively valenced frames. Finally, we document a dominance of political actors and the practical invisibility of immigrants and refugees in the media coverage. (shrink)

The main aim of the article is to show that axiological and anthropological dimensions of human rights in the globalized world do not fit together. Such tension – between universally understood human rights and territorially perceived citizens’ rights – is unavoidable. By making the term “human” strictly biological people are being perceived not as members of a particular community but as members of the species. In the political paradigm these collectivities are distinguished by political rules, in the (...) biological paradigm they are perceived as natural. In this situation, from political perspective the life of the others (non-citizens) in effect ceases to be treated as a human life or as a life associated with any ethical requirements, because the normative dimension that metaphysics, religion or politics give to the notion of being human has been excluded. Hence, human rights cannot be enforced with the same effectiveness as the laws enforced in the area of state jurisdiction. They constitute an ethical norm by which the international community judges a given procedure, rather than an enforceable legal norm. In order to justify my reasoning, I will refer to the two philosophically important categories - space and border – that play an important role in understanding the processes of globalization that affect the legitimation and enforcement of human rights. (shrink)

“It is certainly no accident that precisely here, in this region of continual threats to, and continual defence of one's own identity — whether personal, cultural or national identity — there is such a long tradition of the idea of truth, a truth for which one must pay, the truth as a moral value. One constantly runs up against this tradition, from Cyril and Methodius to Hus and Masaryk, Stefanik and Patocka”. This citation from a lecture entitled “Morality and Politics” (...) provides a brief sketch of the background to the thought of the current Czech president, Vaclav Havel.Though lacking any academic training in philosophy, Havel was strongly influenced by the ideas of the philosophy professor from Prague, and founder of Charta 77, Jan Patocka. Inspired by some of Patocka's last writings, in 1978 Havel wrote an essay on Charta 77 which was dedicated to Patocka. The title of this essay was taken from one of Patocka's central statements: Attempt to Live in the Truth. Patocka's influence is also clearly evident in `Letters to Olga', in his speeches as president and in his thinking on Europe.Havel's thought, via the thought of Patocka, must be situated within a dual tradition. On the one hand it is rooted in Czech history. Patocka had already in his early writings thematized the ideas of Thomas Masaryk. The work of Masaryk, who became the first president of the new Czech republic after the fall of the Austro-Hungarian monarchy, is characterized by an awareness of the crisis of rationality, like in the later Husserl. On the other hand Havel's thought, again by way of Patocka, is rooted in a phenomenology that is primarily oriented toward Germany. Patocka is often regarded as the interpreter par excellence of the dialogue between Husserl and Heidegger.This article is based on a speech given by President Havel during the 50th anniversary commemoration of the Universal Declaration for Human Rights, in Geneva, March 16, 1998. (shrink)

Since the declaration of financial crisis in 2008, and the imposition of austerity measures in 2011, Greece has become an epicentre—or a “laboratory”—of multiple, successively declared crises, including the humanitarian crisis induced by the devastating effects of neoliberal structural adjustment policies. In this paper, I approach the explosion of crisis discourse as a medium for ideological negotiations of nation-state borders in relation to a continental project of securitisation. I suggest that ‘crisis’ functions as a lexicon through which sovereignty can be (...) reasserted in relation to supranational institutional interference in ostensibly democratic governance. Specifically, I examine how the refugee crisis and the debt crisis converge in nationalised space in Greece; that is, how in state discourse, ‘crises’ serve as a conduit through which the borders of an embattled nation are redrawn and hardened against threats from a political space conceptualised as ‘outside’ the nation. My point of entry is the declaration of the Greek government by the end of the summer of 2015, that it was “experiencing a crisis within a crisis,” dually victimised by migration ‘flows’ and failed European solidarity in a context of ongoing austerity measures required by its institutional lenders. The figure of ‘a crisis within a crisis’ functioned to delineate the boundaries of national space and time and to distinguish the normative victims of what are seen as distinct, if overlapping political phenomena (debt and migration), from those who parasitically share in, or indeed by their very illicit presence cause or contribute to the suffering of the national subject. If the global economic crisis had already been made ‘ours’ by being constructed as a problem inherent in the national economy, the global war on migration became reinvented as 'Europe’s crisis,’ and then ‘Greece’s.’ The nationalisation of ‘crisis’ then, has a triple function: first, to conceal the systemic and structural underpinnings of violent processes of dispossession and displacement; second, to authorise the imposition of regimes of management and securitisation; and third, to reify borders that simultaneously fortify the agencies of state sovereignties while containing those of embodied human beings. The figure of ‘nesting crises’—‘a crisis within a crisis’—emerges through gestures of ownership or territorialisation of crisis: that is, in the conditions under which, affectively and politically a ‘crisis’ becomes ‘ours’ rather than ‘theirs’ and, indeed, constitutes the ‘we’ and the ‘they.’ ‘Nesting crises’ discourse can be read as a vocabulary through which national sovereignty is reasserted and national unity reconstituted. (shrink)

Drawing from extensive, eye-opening first-person accounts, No Refuge puts a spotlight on the millions of refugees worldwide who have to leave home but find nowhere to resettle. As political philosopher Serena Parekh argues, this is not just a problem for politicians. Citizens also have a moral duty to help resolve the global refugee crisis and to end the suffering and denial of human rights that refugee are forced to endure, often for years. While the media usually focus on the (...) challenges that Western states have with the arrival of large numbers of asylum seekers and refugees, the real problem is that millions are stuck in inhumane conditions in refugee camps and urban centers, with little chance of finding a more permanent solution. Grounded in powerful testimony from refugees and meticulous research on the conditions in which so many suffer worldwide, No Refuge shows why, as states but also as citizens, we cannot afford to wait any longer to end this crisis. (shrink)

Until recently, much of the philosophical literature on refugees has focused on what Serena Parekh (2020) in No Refuge: Ethics and the Global Refugee Crisis, calls the “first refugee crisis,” i.e., the refugee crisis as experienced from Europe, understood as the arrival of large numbers of asylum seekers and the political handling of this situation. This literature has therefore dealt primarily with questions about who really counts as a refugee and when states acquire obligations to admit non-citizens. Rarely, however, (...) do philosophers talk about the ethical implications of what Parekh calls “the second refugee crisis”: the crisis for refugees themselves, who “are unable to access the minimum conditions of human dignity while they wait for a more permanent solution.” In short, when philosophers debate the ethics of asylum and refugeehood, the conclusions or insights they come to will, at best, be applicable to about 10 percent of the world’s forcibly displaced. In this review essay, I briefly outline Serena Parekh’s (2020) argument, showing how her reframing of the refugee crisis provides a much-needed intervention in the current philosophical literature. I then extend these insights into questions concerning immigration enforcement. In doing so, I argue that in order to adequately deal with the second refugee crisis we must be more receptive to the open borders position than Parekh seems to allow. (shrink)

Human rights make a universal claim that has often been suspected of expressing western cultural imperialism. Yet even a mere perusal of the history of human rights in Europe and North America reveals that human rights cannot be characterized as the obvious crystallization of occidental culture as a whole. Instead they were first propounded during the modernity as a response to the normative crises occasioned by Christian religious division in a society of developing pluralism. Human (...) rights formulated the basis for a new social contract between free and equal holders of rights in opposition to religiously motivated civil wars and the accumulation of absolutist dominion.Since pluralism and multi-culturalism in a more closely knit world order has become an inescapable reality, the idea of human rights, understood as the recognition of plurality and differences on the basis of equal freedom, could be the foundation for international orientation. Human rights could provide the foundation for consensus, however, only if the limits of their normative claim are clear. As the ethos of freedom inherent to human rights is oriented toward political-legal standards, it is not intended to replace the plurality of any developed religious or cultural ethos. But as human rights secure political-legal equality of rights to express and develop differing ideas and cultural forms, they do affect internal individual recognition of religious and cultural societies, from which they demand openness toward reform and willingness to communicate. Menschenrechte machen einen universalen Anspruch geltend, der indes oft als Ausdruck eines westlichen Kulturimperialismus verdächtigt wird. Ein Blick auf die Geschichte der Menschenrechte in Europa und Nordamerika zeigt freilich, daß Menschenrechte gerade nicht als selbstverständlicher Ausfluß der abendländischen Kultur im ganzen angesehen werden können. Vielmehr sind sie erst in der Neuzeit aufgekommen, und zwar als Antwort auf die normativen Krisen in der im Gefolge der christlichen Glaubensspaltung pluralistisch werdenden Gesellschaft. Gegen religiös motivierte Bürgerkriege wie gegen die Anmaßung absolutistischer Herrschaft formulieren die Menschenrechte die Grundlage eines neuen Gesellschaftsvertrages zwischen freien und gleichen Rechtsgenossen.Da Pluralismus und Multikulturalismus in der immer stärker vernetzten Weltgesellschaft vielerorts unausweichliche Realität geworden sind, vermag die menschenrechtliche Leitidee, nämlich die Anerkennung von Pluralität und Differenz auf der Basis gleichberechtigter Freiheit, heute auch international zur Orientierung zu dienen. Menschenrechte können indes nur dann konsensstiftend wirken, wenn ihr normativer Anspruch auch in seinen Grenzen deutlich wird: Da sich das menschenrechtliche Freiheitsethos vornehmlich auf politisch-rechtliche Standards richtet, zielt es nicht darauf ab, die Pluralität der gewachsenen religiösen oder kulturellen Ethosformen zu ersetzen. Indem Menschenrechte die gleichberechtigte Äusserung und Entfaltung unterschiedlicher Überzeugungen und Kulturformen politisch-rechtlich sichern, wirken sie freilich auch auf die innere Selbstwahrnehmung religiöser und kultureller Gemeinschaften zurück, denen sie Reformoffenheit und Kommunikationsbereitschaft abverlangen. (shrink)

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point for (...) reconstructing the meaning of the terms ‘refugee’ and ‘right to health’. A refugee is a person who needs international protection because of a well-founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non-international armed conflict. The right to health, which includes, inter alia, entitlements to a ‘system of health protection’ and ‘underlying determinations of health’, is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees’ health, which can jeopardise the fragile good of refugee health. (shrink)

Despite international laws guaranteeing the right to a nationality, statelessness remains a pervasive global problem that has been termed a “forgotten human rights crisis.” The issue highlights an important question for scholars that has not yet received enough attention: Why do some issues make it onto the international agenda while others do not? This study examines the characteristics necessary for successful issue emergence, or the step in the process of mobilization when a preexisting grievance is transformed from a problem (...) into an issue. Using qualitative data from interviews with 21 decision makers at leading human rights and humanitarian non-governmental organizations, the study highlights shortcomings in the existing literature and provides additional explanations for issue emergence (or non-emergence). Statelessness serves as a case study for better understanding this process, and the article ends with specific recommendations for addressing key obstacles to its full emergence within the international community. (shrink)

In this paper I hope to show that a conception of human rights requires a view of the social ideal and the good life, and requires a view of the nature of human community. But what I say in favor of these points hardly amounts to a demonstration. Instead I try to exhibit how we think and talk about rights in general, and what the presuppositions of such thought and talk are. Throughout, I emphasize the pragmatic side of (...) rights-discourse and I try to establish some of the contexts in which such discourse can be significantly employed. Much of what I say is motivated by the consideration that an historically important factor in the generation of various rights, their acknowledgement and implementation, and their extension to increasingly larger segments of the population, has been the claims put forward and the demands made by individuals and groups against individuals and groups. This factor constitutes a suggestive clue for the development of a theory of rights. The treatment here, however, is largely programmatic and fragmentary. The space allotted does not permit more. Moreover, I lead up to—but do not go into—the social ideal and the human community. The title of this essay indicates its limited scope. The above points are, of course, hardly novel; many older writers laid great stress upon them. But of late they have not received the attention that they in my view deserve. What does it mean for someone to maintain a conception of human rights? How is this conception given any concrete content? The answers to these questions, I believe, ultimately lead to a consideration of social ideals and the human community. What follows is meant to stimulate new thinking on these old-fashioned topics. (shrink)

This volume reflects on questions of human rights in the context of globalization. The essays responding to this subject are rich and varied: they focus on legal acceptance as well as consequences of human rights with regard to social rights and the necessary protection of the environment connected or close to those rights. Another approach to the subject featured in the volume is the legal recognition and the consideration of human rights as moral rights. With concepts on (...) universality, a new cosmopolitism, cultural pluralism and perspectives on religious variants and technological advances the debate on human rights is concluded. Index / Indice I. The Foundation of Rights / El fundamento de los derechos: J. Rubio Carracedo: El legalismo occidental: un problema para la universalizacion de los derechos humanos J. A. Seoane: El caracter juridico de las leyes injustas M. Borowski: Classifying and qualifying properties of fundamental rights J. von Platz: Faith in reason: questioning practical reason as fact, norm, end, and function of human rights R. Cruft: Policy implications of the philosophical foundations of human rights Maria Gabriela Scataglini: Derechos humanos: otra mirada sobre la cuestion de su universalidad II. A New Cosmopolitism / Un nuevo cosmopolitismo: V. de P. Barreto: Derecho cosmopolita y derechos humanos Luis Fernando Barzotto: Reconocimiento y fraternidad A. R. Bernstein: Justifying universal human rights via Rawlsian public reason H. Khatchadourian: Democracy and the globalization of human rights Milagros Otero Parga: Derechos humanos y globalizacion Halim Bepari: Human rights and the United Nations Miracy B. S. Gustin: Rescate de los derechos humanos en situaciones adversas de paises perifericos III. Multiculturism and Pluralism of Values /Multiculturalidad y pluralismo de valores: M. Herrero / M. Saralegui: Dogmatismo politico y pluralismo religioso Berry Tholen: Migration, justice, and Europe's identity. The relevance of special ties for EU's migration policy C. M. Alvarez Chicano: Implicaciones de la inconmensurabilidad de los valores en la aplicacion de principios de orden etico y juridico L. Perez Conejo: Axiologia juridica y pluralismo de valores: algunas consideraciones sobre la nocion de 'inconmensurabilidad' S-I. Liu: Fundamental legal values and globalization with regard to historical experience in freedom of speech L. C. Amezua: Libertad natural y esclavitud voluntaria: reflexiones de F. Suarez sobre la esclavitud IV. Rights and Gender / Derechos y genero: J.M. Gil Ruiz: La violencia de genero en el contexto familiar y la agresion de la ciencia juridica A. Goiriena Lekue: El interes superior del/la nino/a, coparentalidad y neutralidad de genero en la atribucion de la guarda y custodia de los hijos e hijas P. Garcia Guevara: Las politicas de genero en los paises globalizados del 'Tercer Mundo' V. Technological Impact and New Generation Rights / Impacto tecnologico y nuevas generaciones de derechos: M. Ahteensuu: Understanding the precautionary principle in the light of the traditional weak-strong distinction: a critical comment Cristina Monero Atienza: Bases para una teoria de los derechos en el siglo XXI M. Kitahara: Personal data processing and business ethics: personal data processing and personal data protection in business A. D. Oliver Lalana: El lado empirico de la legitimidad comunicativa: sobre la publicidad organizativa del derecho de proteccion de datos en internet J. Ebbesson / M. Zamboni: Transbordering democracy? The case of environment protection Sagrario Moles Nieto: El impacto medioambiental de los cultivos transgenicos VI. Bioethics and Law / Bioetica y derecho: M. Cruz Diaz de Teran: Principios para una biojuridica global C. Faralli / S. Tugnoli: Bioethics between law and science: the Italian law on medically assisted procreation (Law No. 40, February 19, 2004) N. Zeegers: The working of power in communicative regulation: the case of research with human embryos J. A. Fernandez Suarez: La bioetica en la era de la globalizacion F. J. Blazqez Ruiz: Privacidad y discriminacion genetica: propuestas bioeticas y juridicas ante los desafios de un mundo globalizado. (shrink)

The author proposes here “the first Romanian attempt at a hermeneutic systematization of the philosophy of European law”, a field that is approached from an organic, integrating perspective. It has to be seen as a synchronic lectio magistralis on the ineluctable role of the spiritual roots when deciphering and assuming national identity. The complicated “euronomosophical” discourse, whose beginning is an excellent page of self-history about the “Europe” of the author, voices an appeal to a deeper self-knowledge. A complex, dynamic (...) reality: from euromyth to euro-oniria and PaxEuropaea. Such incursions into the universe of law certainly involve an instructive and pedagogical side, building a patchwork of ideas, suggestions and themes that could be further developed. (shrink)

Human rights legislation pertaining to applications of human genetic science is still lacking at an international level. Three international human rights documents now serve as guidelines for countries wishing to develop such legislation. These were drafted and adopted by the United Nations Educational, Scientific and Cultural Organization, the Human Genome Organization, and the Council of Europe. It is critically important that the international nursing community makes known its philosophy and practice-based knowledge relating to ethics and (...) human rights, and contributes to the globalization of genetics. Nurses have particular expertise because they serve in a unique role at grass roots level to mediate between genetic science and its application to public health policies and medical interventions. As a result, nurses worldwide need to focus a constant eye on human rights ideals and interpret these within social, cultural, economic and political contexts at national and local levels. The purpose of this article is to clarify and legitimate the need for an international declaration on nursing, human rights, human genetics and public health policy. Because nurses around the world are the professional workforce by which genetic health care services and genetic research protocols will be delivered in the twenty-first century, members of the discipline of nursing need to think globally while acting locally. Above all other disciplines involved in genetics, nursing is in a good position to articulate an expanded theory of ethics beyond the principled approach of biomedical ethics. Nursing is sensitive to cultural diversity and community values; it is sympathetic to and can introduce an ethic of caring and relational ethics that listen to and accommodate the needs of local people and their requirements for public health. (shrink)

There is broad scientific consensus on the anthropogenic roots of the environmental crisis, whether we think about biodiversity decline, climate change, pollution or, in general, about the increasing scarcity of ecological space for living entities. Unlike humans, other living beings have no notion of crisis and are probably not bothered by such highly abstract concerns. When a crisis occurs, non-humans either adapt or vanish, whereas humans may see it lurking ahead and become anxious. This human urge to reflect on (...) the state of nature and the role of humanity is manifest in the new concept of the Anthropocene. Originally, human rights and environmental crisis entered the public sphere as separate themes but from the 1970s, they began to appear together on a regular basis in legal and political documents and in research literature. Philosophically, the ultimate question is whether we humans are to blame ourselves for the environmental crisis because of the rights that we grant to ourselves. In other words, are human rights, above all, a source of the environmental crisis or an essential element in the search for solutions? In this article, this quandary is approached philosophically from the belief that the framework of human rights might help us envisage a civilised way out of the crisis. (shrink)

The title of this essay is rather ambitious and the space available is hardly sufficient to examine two words of almost limitless expanse—“human rights”—whether standing alone or in tandem. This requires that I begin with (and remained disciplined by) what a teacher of mine, Leo Strauss, called “low facts.” My low facts are these: We call ourselves humans because we have certain characteristics that define our nature. We are social and political animals, as Aristotle noted, and possess attributes not (...) shared by other animals. The ancients noted this, of course, when they defined our principal behavioral and cognitive distinction from the rest of the natural world as the faculty of speech. The Greek word for this,logos, means much more than speech, as it connoteswordandreasonand, in the more common understanding, talking and writing, praising and criticizing, persuading and reading. While other animals communicate by making sounds of attraction or warning, leaving smells, and so on, none read newspapers, make speeches, publish their memoirs, or write poetry. (shrink)

As forms of employment and migration changed, the financial crisis which began in 2007 affected the human rights of individuals, particularly those in developing countries. How the media reported on these consequences is essential in understanding how and why public and political perceptions of the importance of human rights may have changed since the crisis began. Using quantitative and qualitative analysis of major newspapers in the UK and the USA, this paper seeks to understand the ways in which (...) the media presented the relationship between the negative changes in the economy and human rights. The analysis of the findings uses framing theory to understand how the text in news articles communicates the relevance of human rights to readers before concluding with some further avenues for research. (shrink)

Pragmatic pluralism denotes a particular approach to problems of international human rights and protections that departs from conventional cosmopolitan approaches. Pragmatic pluralism argues for situated and localized forms of cooperation between state and non-state actors, particularly religious groups and organizations, that may not share the secular, juridical understandings of rights, persons, and obligations common to contemporary cosmopolitan theory. A resource for the development of such a model of pragmatic pluralism can be found in the work of Hannah Arendt. Arendt's (...) early dissertation "Love and Saint Augustine" affords a model of religious community and obligation that can be read productively alongside her later political writings. The possibilities inherent in a cooperative reading of these two parts of her work can be illustrated in relation to an issue of particular concern to cosmopolitan theorists: the international refugee crisis. (shrink)

The purpose of this paper is to address some of the questions on the notion of agent and agency in relation to property and personhood. I argue that following the Kantian criticism of Aristotelian metaphysics, contemporary biotechnology and information and communication technologies bring about a new challenge—this time, with regard to the Kantian moral subject understood in the subject’s unique metaphysical qualities of dignity and autonomy. The concept of human dignity underlies the foundation of many democratic systems, particularly in (...) Europe as well as of international treaties, including the Universal Declaration of Human Rights. Digital agents, artificial organisms as well as new capabilities of the human agents related to their embeddedness in digital and biotechnological environments bring about an important transformation of the human self-appraisal. A critical comparative reflection of this transformation is important because of its ethical implications. I deal first with the concept of agent within the framework of Aristotelian philosophy, which is the basis for further theories in accordance with and/or in opposition to it, particularly since modernity. In the second part of this paper, I deal with the concept of personhood in Kantian philosophy, which supersedes the Aristotelian metaphysics of substance and builds the basis of a metaphysics of the moral human subject. In the third part, I discuss the question of artificial agents arising from modern biology and ICT. Blurring the difference between the human and the natural and/or artificial opens a “new space” for philosophical reflection as well as for debate in law and practical policy. (shrink)

Faced with the present migrant crisis and the dismal record of Europe in protecting vulnerable refugees’ and migrants’ rights, what could be the view of the moral philosopher? The contrast between the principles enshrined in the European Charter of Fundamental Rights and the reality of present policies is shocking, but more scrutiny will show that it is the result of a larger trend towards an understanding of freedom mostly in economic terms, at a time when economists such as Amartya (...) Sen have revised their approach to economic growth and prosperity, noting the central role played by a much richer conception of freedom. The paper will scrutinize these inconsistencies and the conception of the person from which they derive and will provide an alternative and more coherent moral vision that could strengthen the legitimacy of the European Charter, at a time of growing dissatisfaction and so‐called democratic deficit. Such a vision could help reconnect the Charter with a conception of the human person as in need not solely of passive legal protection, but also of active promotion of her self‐respect and capabilities, and of her aspiration to a valuable life. (shrink)

Since 2015, the ‘refugee crisis’ is possibly the most photographed humanitarian crisis in history. Photographs taken, for instance, in Lesvos, Greece, and Bodrum, Turkey, were instrumental in generating waves of public support for, and populist opposition to “welcoming refugees” in Europe. But photographs do not circulate in a vacuum; this book explores the visual economy of the ‘refugee crisis,’ showing how the reproduction of images is structured by, and secures hierarchies of gender, sexuality, and ‘race,’ essential to the functioning (...) of bordered nation-states. Taking photography not only as the object of research, but innovating the method of photographìa— the material trace of writing/grafì with light/phos—this book urges us to view images and their reproduction critically. Part theoretical text, part visual essay, "Reproducing Refugees" vividly shows how institutional violence underpins both the spectacularity and the banality of ‘crisis.’ This book goes about synthesising visual studies with queer, feminist, postcolonial, post-structuralist, and post-Marxist theories. "Reproducing Refugees: Photographìa of a Crisis" offers theoretical frameworks and methodological tools to critically analyse representations, both those circulated through hegemonic institutions, and those generated from ‘below’. It carves a space between logos and praxis, ways of knowing and ways of doing, by offering a new visual language that problematises reified categories such as that of the ‘refugee’ and makes possible disruptive, alternative, resistant perceptions. The book contributes to the fields of migration and border studies, critically engaging visual narratives drawn from migration movements to question dominant categories and frameworks, from a decolonial, no-borders, queer feminist perspective. (shrink)