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

In the age of Big Data, companies and governments are increasingly using algorithms to inform hiring decisions, employee management, policing, credit scoring, insurance pricing, and many more aspects of our lives. Artificial intelligence systems can help us make evidence-driven, efficient decisions, but can also confront us with unjustified, discriminatory decisions wrongly assumed to be accurate because they are made automatically and quantitatively. It is becoming evident that these technological developments are consequential to people’s fundamental human rights. Despite increasing (...) attention to these urgent challenges in recent years, technical solutions to these complex socio-ethical problems are often developed without empirical study of societal context and the critical input of societal stakeholders who are impacted by the technology. On the other hand, calls for more ethically and socially aware AI often fail to provide answers for how to proceed beyond stressing the importance of transparency, explainability, and fairness. Bridging these socio-technical gaps and the deep divide between abstract value language and design requirements is essential to facilitate nuanced, context-dependent design choices that will support moral and social values. In this paper, we bridge this divide through the framework of Design for Values, drawing on methodologies of Value Sensitive Design and Participatory Design to present a roadmap for proactively engaging societal stakeholders to translate fundamental human rights into context-dependent design requirements through a structured, inclusive, and transparent process. (shrink)

On the ethics of extending human life: healthy people have a right to carry on livingHumanity has long demonstrated a paradoxical ambivalence concerning the extension of a healthy human lifespan. Modest health extension has been universally sought, whereas extreme health extension has been regarded as a snare and delusion—a dream beyond all others at first blush, but actually something we are better off without. The prevailing pace of biotechnological progress is bringing ever closer the day when humanity will (...) be able to act on the latter view by rejecting a clear and present opportunity for much longer healthy lives. Indeed, some biogerontologists contend that that day has already arrived, to the extent that our hesitation in embarking on a vigorous “war on ageing” is already delaying the point at which a cure for ageing will be developed. Here I consider whether our present caution concerning the wisdom of truly curing ageing is likely to survive the increased scrutiny that it will receive in coming years as a result of these technical advances. I conclude that it will not, because of its irreconcilability with values that are more deeply held by the large majority of humanity than any values that argue against the quest for a cure. I further conclude that all the major current reasons given for not curing ageing are mere crutches to help us cope with the immutability of ageing that we have been brought up to accept. Our failure to set aside such irrationality is already shortening potential longevity—quite probably of those already alive today—to a staggering degree. Once we realise this, our determination to consign human ageing to history will be second …. (shrink)

InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or (...) benevolent person would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions. (shrink)

The concept of dignity is the foundation of fundamental rights expressed in international declarations on human rights and bioethics. Sometimes there are collisions of rights, which must be weighed. However, more often dignity is invoked in order to argue for or against the same issue. Is it possible that a concept can be so broad that it becomes meaningless? What do we mean when we argue for moral decisions based on dignity? This paper aims at understanding (...) dignity as a construct, in an analytical and evolutionary cross-cultural approach, from a Western and Eastern view, and then considers its impact on the teaching of human rights and biolaw. (shrink)

This article explores the relationship between political freedom and collaboration in the work of human rights organizations. I focus here on the ethical and political implications involved in the production of evidence once the documenting tool, the camera, is in the hands of an engaged civilian rather than a bystander, such as a photojournalist. By examining cases in the Occupied Palestinian Territories where the Palestinians are the photographers of human rights violations, I outline the relations and (...) tensions between emancipatory acts and collaboration via visual information production. Human rights organizations laud new technology and celebrate the participation of those afflicted by such violations in knowledge production as a form of empowerment, and those afflicted may experience the visual practice as a mode of self-representation. But inevitably such a practice is based on collaborative action. In the Israeli/Palestinian conflict case study below, such collaboration has negative effects, which impinge upon the emancipatory features of this mode of documenting. (shrink)

Most conceptions of human rights rely on metaphysical or theological assumptions that construe them as possible only as something imposed from outside existing communities. Most people, in other words, presume that human rights come from nature, God, or the United Nations. This book argues that reliance on such putative sources actually undermines human rights. Benjamin Gregg envisions an alternative; he sees human rights as locally developed, freely embraced, and indigenously valid. Human (...) rights, he posits, can be created by the average, ordinary people to whom they are addressed, and that they are valid only if embraced by those to whom they would apply. To view human rights in this manner is to increase the chances and opportunities that more people across the globe will come to embrace them. (shrink)

What weight should we place on self-determination, democracy, human rights and equality in an account of migration justice? Anna Stilz and Andrea Sangiovanni offer insightful comments that prompt us to consider such questions. In addressing their welcome critiques I aim to show how my account can help reduce migration injustice in our contemporary world. As I argue, there is no right to free movement across state borders. However, migrants do have rights to a fair process for determining (...) their rights. Democratic communities should have scope to make many migration decisions, although there are constraints on that self-determination. The migration governance oversight arrangements I favor are compatible with core requirements of agency and responsiveness that are operative in mature democracies. In responding to concerns about objectionable power inequalities that often characterize temporary worker programs, I show why addressing these issues requires various institutional protections that are well enforced. Robust migration governance arrangements can assist in formulating defensible migration policies that we can implement here and now as we aim to reduce migration injustices in our current world. (shrink)

Gillian Brock’s compelling and richly textured new book aims to set out a human-rights-based framework for thinking about justice in migration. There is much to celebrate in these chapters, not least Brock’s masterful effort at weaving together her basic justificatory framework with real-world political concerns. In this article, I query the focus she places on self-determination in setting out the basic normative argument elaborated in Chapters 2, 3, and 9. In particular, I will wonder whether she gives the (...) collective self-determination of a people anything more than instrumental value, and so whether she is able to distance herself from so-called proponents of “open borders”. (shrink)

인권교육의 궁극적인 목표는 현실화, 즉 삶의 실천적 과정 속에서의 인권에 대한 이해 와 적용이다. 인간은 자신의 삶을 통제하고, 그러한 통제에 영향을 미치는 결정을 스스로 에게 부과할 수 있는 힘이 있어야 한다. 인간의 기본적 권리인 인권을 주권자로 제대로 행 사하게 하는 것은 바로 자력화이다. 자력화를 위한 인권교육은 학생들이 책임 있는 독립적 행위주체로서 살아가게 할 뿐만 아니라 사적이고 공적인 삶의 영역에서 적극적이고 능동 적인 참여의 자세를 보다 공고히 하게 한다. 이렇게 볼 때, 자력화에 토대한 인권교육은 우리로 하여금 일상에서 인권과 관련된 원리를 이해하는 (...) 차원을 넘어 우리 스스로가 행위 주체로서 실천하는 차원으로 나아가게 한다. 이런 점에서 자율성은 인권 개념의 근본적 토 대이며, 이 자율성을 통해 우리는 각자의 인권뿐만 아니라 사회적 삶의 참여 및 타인의 권 리를 보호하고 존중하는 연대의 길로 나아갈 수 있다. (shrink)

The Supreme Court Circular Letter Number 2 of 2023, which prohibits the registration of interfaith marriages in Indonesia, aims to provide legal clarity following longstanding debates fueled by the abstract nature of existing norms. While the circular seeks to enforce uniformity in marriage regulations, it raises concerns regarding human rights, especially the rights to freedom, equality, and the pursuit of happiness, which are central to democratic governance. This article seeks to examine interfaith marriage registration by utilizing normative (...) and human rights perspectives to explore its legal foundations and implications within Indonesia’s modern context. The analysis highlights tensions between national law and international human rights conventions, suggesting that interfaith marriage registration should be recognized as a legal right that upholds citizens’ freedoms, religious autonomy, and equality before the law. By situating interfaith marriage within Indonesia’s framework of Islamic jurisprudence (fiqh), legal statutes, and human rights conventions, this article highlights the importance of balancing legal uniformity with the protection of individual rights in a democratic, constitutional state. (shrink)

The formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments (...) on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate. (shrink)

This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the evolution and ...

My aim in this article is to set out some counter-intuitive claims about the challenges posed by artificial intelligence (AI) applications to the protection and enjoyment of human rights and to be your guide through my unorthodox ideas. While there are familiar human rights issues raised by AI and its applications, these are perhaps the easiest of the challenges because they are already recognized by the human rights regime as problems. Instead, the more pernicious (...) challenges are those that have yet to be identified or articulated, because they arise from new affordances rather than directly through AI modeled as a technology. I suggest that we need to actively explore the potential problem space on this basis. I suggest that we need to adopt models and metaphors that systematically exclude the possibility of applying the human rights regime to AI applications. This orientation will present us with the difficult, intractable problems that most urgently require responses. There are convincing ways of understanding AI that lock out the very possibility for human rights responses and this should be grounds for serious concern. I suggest that responses need to exploit both sets of insights I present in this paper: first that proactive and systematic searches of the potential problem space need to be continuously conducted to find the problems that require responses; and second that the monopoly that the human rights regime holds with regards to addressing harm and suffering needs to be broken so that we can deploy a greater range of barriers against failures to recognize and remedy AI-induced wrongs. (shrink)

This article queries the cogency of human rights reasoning in the context of global justice debates, focusing on Charles Beitz's practice-based approach. By 'cogency' is meant the adequacy of human rights theorising to its intended context of application. Negatively, the author argues that Beitz's characterisation of human rights reasoning as a 'global discursive practice' lacks cogency when considered in the context of the post-colonial state system; she focuses on African decolonisation. Positively, she suggests that (...) Beitz's gloss on international human rights as an 'appurtenance' to the traditional state system offers a more promising starting point for global normative theorising, drawing attention to the requirement of sovereign competence as a necessary condition of possible human rights fulfilment. However, a concern with strengthening the sovereign competence of weak states should lead us to consider neglected public goods theorising in favour of an over-emphasis on individual human rights. (shrink)

In this article, the author traces the response of liberation theologians to human rights initiatives through three distinct stages over the past thirty years: from an initial avoidance of the concept, to an early critique, and then to a nuanced theological appropriation. He contends that liberation theology brings a thoroughgoing concern for the poor and an innovative methodology of historicization to the discussion of human rights. In clarifying the treatment of human rights within a (...) specific religious movement, the author also addresses larger questions about the specific role of human rights language. To this end, the article shows how liberation theologians have grappled concretely with the divisions among different "generations" of rights, various rights discourses, and diverse options for rights advocacy. (shrink)

This book examines the intersections of bioethics, human rights and health equity. It does so through the contextual lenses of nation states while presenting global themes on rights, colonialism and bioethics. The book is framed by the following propositions on indigenous health: it is a human rights issue; it is located within the politics of colonization; and subjugated indigenous knowledges require restoring.

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

The concept of human dignity plays an important role in the public discussion about ethical questions concerning modern medicine and biology. At the same time, there is a widespread skepticism about the possibility to determine the content and the claims of human dignity. The article goes back to Kantian Moral Philosophy, in order to show that human dignity has in fact a determinable content not as a norm in itself, but as the principle and ground of (...) class='Hi'>human rights and any deontological norms in biomedical ethics. When it comes to defining the scope of human dignity, i.e., the question which entities are protected by human dignity, Kant clearly can be found on the “pro life”-side of the controversy. This, however, is the result of some specific implications of Kant’s transcendental approach that may be put into question. (shrink)

The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that (...) victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society. (shrink)

Addresses the issues at the heart of international medicine and social responsibility. A number of international declarations have proclaimed that health care is a fundamental human right. But if we accept this broad commitment, how should we concretely define the state’s responsibility for the health of its citizens? Although there is growing debate over this issue, there are few books for general readers that provide engaging accounts of critical incidents, practices, and ideas in the field of human (...) class='Hi'>rights, health care, and medicine. Included in the book are case studies of such issues as AIDS among orphans in Romania, organ trafficking, prison conditions, health care rationing, medical research in the third world, and South Africa’s constitutionally guaranteed right of access to health care. It uses these topics to address themes of protection of vulnerable populations, equity and fairness in delivering competent medical care, informed consent and the free flow of information, and state responsibility for ensuring physical, mental, and social well-being. (shrink)

In our era of globalization, migration increasingly enforces cultural heterogeneity at the level of single societies and countries mirroring the cultural heterogeneity at the macroscopic level, i.e. the planet. Thus, the question of intercultural understanding and coexistence not only is crucial when it comes to states, but is increasingly gaining in importance in terms of identifying preconditions that enable individuals from various cultural backgrounds to share one commonwealth. At present, a growing number of people are convinced that this challenge is (...) not easily met due to what are believed to be fundamental moral disagreements between ‘western’ and ‘non-western’ (in particular, Islamic) culture(s). Against this background, different proposals have been provided to rise to the above-mentioned challenge. One of them is to allow for ‘cultural’ justifications in matters of criminal law. In this article I try to outline the state of discussion on claims for a ‘cultural defense’ by identifying and analysing three distinct rationales: the argument from pluralism; the argument from fairness; and the argument from necessity. Finally, I critically reflect on them from a human rights perspective. (shrink)

Child Labour in Kashmiri Society: A Socio-human Rights Study The Constitution of India guarantees fundamental rights and the full freedom to enjoy childhood. In spite of that millions of children are being put to arduous work for short and narrow gains. By 1989, the standards concerning children were brought together in a single legal instrument agreed to by the international community. It unambiguously spelt out the rights to which every child is entitled, regardless of place of (...) birth, descent, sex, religion, or social origin. A number of aspects, such as gender, family background, cultural acceptance, issues of health and recreation, the legal aspect and so on, have been covered. The life worlds of working children, legal protection to children from exploitation and the human rights perspective of child labour is the main focus of this article. (shrink)

Next SectionMedical ethics and law education in the UK is undergoing continuous transformation. In parallel, human rights teaching with respect to health is expanding as a distinct field. Yet a resistance to the inclusion of human rights in the medical ethics and law curriculum persists. In response to Stirrat and colleagues, this article seeks to highlight the mutual benefit that could be derived from an integration of human rights into the already established medical ethics (...) and law teaching in medical schools. It proposes that incorporating human rights into the curriculum would add value to traditional medical ethics and law teaching and provide a promising opportunity to enhance the interest from the student body. (shrink)

To mark the 70th anniversary of the adoption of the Universal Declaration of Human Rights, the author embarked on an attempt to analyze the theoretical and historical framework that contributed to the adoption of the document. The first part of the article discusses the development of the philosophy of personalism from Mounier to Maritain and analyzes Maritain’s views on human rights. In the second part of the article, the author shows the decisive influence of the personalists (...) Charles Malik and Rene Cassin on the adoption of the document, which clearly bears the mark of the Christian personalistic discourse and notions. (shrink)

The article focuses on the issue of access to experimental therapy under the Convention for the Protection of Human Rights and Fundamental Freedoms, and more specifically in the case law of the European Court of Human Rights. To date, this issue has been the subject of three cases decided by the Court. In none of these cases the Court has recognized a right to experimental therapy. The article has two main research objectives. The first is to (...) reconstruct the arguments for the validity of the right to experimental therapy provided by the applicants in the cases considered by the Court. The second objective is to assess these arguments, as well as their criticism that might be found in Court’s decisions. (shrink)

A dialogical approach to understanding Islamic ethics rejects objectivist methods in favor of a conversational model in which participants accept each other as rational moral agents. Hans-Georg Gadamer asserts the importance of agreement upon a subject matter through conversation as a means to gaining insight into other persons and cultures, and Jürgen Habermas stresses the importance of fairness in dialogue. Using human rights as a subject matter for engaging in dialogue with Islamic scholars, Muslim perspectives on issues such (...) as democracy, toleration, and freedom of conscience emerge. A capabilities approach to human rights, such as that developed by Martha Nussbaum, enables the coexistence of multiple religious ethical visions while insisting upon the need to protect and nurture essential human abilities. (shrink)

Universal Declaration of Human Rights 70th anniversary is been celebrated in 2018. On the other hand, people are still arguing about the political, juridical, social and civilizational gains it has provided. Such discussions, however, focus on peripheral aspects of Human Rights, losing sight of what could be understood as its highest normative gain. Whenever arguments are not completely rectified, they dissociate from the social demands that actually gave them meaning and relevance. From this scope, the article (...) intends to reconstruct the conceptual and argumentative aspects of Human Rights from the critical theory of relations of justification by Rainer Forst, in which Human Rights are interpreted as arising from a fundamental right to justification. This fundamental right, in Forst’s theory, is interpreted as being part of the “deep grammar” of social conflicts. According to the Forstian theory, we argue for an interpretation of Human Rights capable of encompassing the multiple aspects of these rights, avoiding reductionism and unilateral interpretations of it. This presentation has been divided into three parts. First, it presented some traditional “pictures”, current forms of referring to Human Rights and its characteristics, against which another picture will be proposed, in order to place social conflicts and rejections of injustice as a starting point for the Human Rights. Next, the Forst’s principle of justification and the recursive argument that led toit was discussed. Finally, a critical interpretation of the Forstian proposal, which dealtwith the purposes that his theory is allegedly seeking, was carried out. (shrink)

Book Reviewed in this article:Virtually Normal: an Argument About Homosexuality By Andrew SullivanThe Sense of Appropriateness. Application Discourses In Morality and Law. By Klaus GüntherSecond Thesis: Rationality Criteria of Application The Wager of Lucien Goldmann: Tragedy, Dialectics and A Hidden God. By Mitchell CohenGemeinsinn Und Moral: Gundzüge Einer Intersubjektivistischen Moralkonzeption. By Lutz Wingert.

Forced expropriations of immovable property were common during the Communist era in Eastern Europe. Today, many of the former owners or their heirs are interested in regaining legal ownership of such properties, often decades after the ownership has been reallocated to others. Therefore, the conflict between old and new owners is often resolved in favour of the new owners. While this is understandable from a contemporary political perspective, this approach results in a perpetuation of the results of an earlier (...) class='Hi'>human rights violation, thereby resulting in a new human rights violation which will have to be measured against the European Convention on Human Rights (ECHR) if the state in question has ratified it prior to deciding how to handle the long-term effects of expropriations. Firstly, in the article we will devote ourselves to the interpretation of the right to property with an emphasis on the problem of expropriation. Above all, we will elaborate on the definition of the term “property” as well as positive and negative obligations of the Member States regarding this right. Finally, we will address the question of expropriations prior to the entry into force of the Convention and just compensation under Article 41 ECHR. Interpretation of the right to property will be supported by the jurisprudence of the European Court of Human Rights. (shrink)