The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination (...) of All Forms of Discrimination against Women. These broader water-related rights have been recognized but have not yet been operationalized. This paper unravels these broader water-related rights in a more holistic interpretation of existing international human rights law. By focusing on an emerging approach to water services provision—known as ‘domestic-plus’ services—the paper argues how this approach operationalizes a comprehensive range of socio-economic rights in rural and peri-urban areas. Domestic-plus services provide water for domestic and productive uses around homesteads, which challenges the widespread practice in the public sector of planning and designing water infrastructure for a single-use. Evidence is presented to show that people in rural communities are already using their water supplies planned for domestic uses to support a wide range of productive activities. Domestic-plus services recognize and plan for these multiple-uses, while respecting the priority for clean and safe drinking water. The paper concludes that domestic-plus services operationalize the obligation to progressively fulfill a comprehensive range of indivisible socio-economic rights in rural and peri-urban areas. (shrink)

The development of a human right to water and sanitation under international law has created an imperative to implement human rights in water and sanitation policy. Through forty-three interviews with informants in international institutions, national governments, and non-governmental organizations, this research examines interpretations of this new human right in global governance, national policy, and local practice. Exploring obstacles to the implementation of rights-based water and sanitation policy, the authors analyze the limitations of (...) translating international human rights into local water and sanitation practice, concluding that system operators, utilities, and management boards remain largely unaffected by the changing public policy landscape for human rights realization. To understand the relevance of human rights standards to water and sanitation practitioners, this article frames a research agenda to ensure that human rights aspirations lead to public policy reforms and public health outcomes. (shrink)

The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human right (...) of everyone “to enjoy the benefits of scientific progress and its applications.” This comment explores the hypothesis that the emerging concepts most likely to follow recognition of the human right to water primarily involve issues of science and technology, such as access to medicines or clean and healthy environment. Many threats to human rights from advances in science, which were identified in the past as potential, have become real today, such as invasion of privacy from electronic recording, deprivation of health and livelihood as a result of climate change, or control over individual autonomy through advances in genetics and neuroscience. This comment concludes by urging greater engagement of scientists and engineers, in partnership with human rights specialists, in translating normative pronouncements into defining policy and planning interventions. (shrink)

Right to water as a fundamental human right.

Resolutions in the United Nations Human Rights Council and General Assembly provide clarification of economic, social, and cultural (ESC) rights, and most of these resolutions pass by consensus. Yet these resolutions are more contentious than they appear. This article analyzes a case study of contestation over resolutions on two ESC rights: water and sanitation. Drawing from theories of norms contestation, this article analyzes how the USA, UK, and Canada challenged the creation of the rights to water and (...) sanitation as rights and as norms. An analysis of all resolutions, archival research, and interview data reveals that while challengers failed to stop water and sanitation from becoming legal human rights, they successfully delayed the process and weakened the normative aspect of the rights. The findings show that while powerful actors may not be opposed to ESC rights in theory, they worked to keep these rights weak and aspirational. (shrink)

Globally, one in eight people lacks access to potable water; more people die from unsafe drinking water than from all forms of violence, including war. A substantial body of research documents that the privatization of water – led by global financial institutions working in collusion with governments and corporations – does not lead to more people gaining access to safe water. In fact, the opposite is true: privatization leads to both higher cost and lower quality (...) class='Hi'>water. For the past century, the dominant focus of transnational organizing has been “from the West to the rest,” and the frequent attention to movements in the global North has led to the neglect of transnational linkages between movements. Drawing on fieldwork conducted on three right to water movements that span three continents, this paper examines effortsto reclaim the water commons,and how struggles have been driven by grassroots movements demanding that democracy, transparency, and the human right to water are prioritized over corporate profit. As feminist scholars have pointed out, the “standpoint” offered by marginalized actors offers important insights into the operation of systems of power and the strategies of survival and resistance that less powerful actors adopt in order to survive and thrive. This paper explores how transnational movements around water and other basic rights engage with and learn from each other. (shrink)

This article examines the following questions: Is there a human right to food and water in the international sphere? Is it possible to derive such human rights as “general principles of law” within the meaning of public international law, which are independent from contractual agreement or recognition by States? What exactly would such a right to food and water comprise? Is there a constitutional rank relationship evolving between human rights and public international law (...) which might affect the interpretation of, e. g., WTO law? How can conflicting considerations be balanced? (shrink)

This book presents an argument for environmental human rights as the basis of intergenerational environmental justice. It argues that the rights to clean air, water, and soil should be seen as the environmental human rights of both present and future generations. It presents several new conceptualizations central to the development of theories of both human rights and justice, including emergent human rights, reflexive reciprocity as the foundation of justice, and a communitarian foundation for human (...) rights that both protects the rights of future generations and makes possible an international consensus on human rights, beginning with environmental human rights. In the process of making the case for environmental human rights, the book surveys and contributes to the entire fields of human rights theory and environmental justice. (shrink)

The right to water and sanitation has emerged from the penumbra of associated rights in the past few decades and now plays an important role in international debates. This right has emerged “from below”, through the efforts of social movements seeking transformation in the lives of the world’s poor, and it has been recognized “from above”, with major international actors such as the United Nations, international financial institutions, and even large corporate actors affirming its existence. As the (...) obligations and entitlements inherent in this right are increasingly clarified, the role of interdisciplinary collaboration has never been more important. This short Commentary examines one such collaborative effort, led by the United Nations Joint Monitoring Programme, to devise post-2015 goals, targets, and indicators for water, sanitation, and hygiene. The Commentary calls for renewed partnerships to advance human rights-based policy among advocates, development practitioners, and water and sanitation experts from diverse scientific fields. (shrink)

What limits ought there be on a state’s ability to create a homogeneous society, to increase or perpetuate non-diversity, or to create hierarchies within existing diversity? This article examines those questions with reference to the Lieberman Plan—which proposes to transfer populated territories from Israel to the Palestine in exchange for Jewish settlements on the West Bank— as an abstract exercise in demographic transformation by the state. First the article considers if the Lieberman plan would “work”: Would it create the alterations (...) it proposes, and would those changes achieve a stable, peaceful, perhaps even just settlement? It finds that though there is debate about the range of effect, there is little doubt that transfer would alter the state’s demography. It then turns to the international standards that might govern the transfer of territory and the denaturalization of citizens, to see how they would characterize such a plan. It finds that comparisons to ethnic cleansing are inapposite, and that norms protecting citizenship are considerably more complex than they first appear—even allowing ethnically targeted denaturalization in some cases. The article then analyzes the loyalty provisions of the Lieberman Plan, and notes that, contrary to the usual normative assumption that citizenship is tied to the state, the foundations of citizenship are actually a habitual or formative link to a given territory, which in turn creates a right to citizenship not in any particular state, but in the one that incidentally is sovereign over that territory. This interaction of citizenship and territory, when considered together with norms requiring equal protection for all citizens, suggests that the polity has an interest in defining its own territorial scope, and thereby its membership. The legal regime is ambiguous, and therefore deliberations about this question are in the realm of politics. The article demonstrates how transfer’s assimilation to existing norms suggests a novel interpretation of selfdetermination with far-reaching consequences for both sides of the conflict. Finally, the article notes that international law, though it polices excesses, is largely silent on the principal determinant of demography: the fact of state control over territory. (shrink)

This chapter argues that the human right to water entails specific moral limits to commodifying water. While free-market economists have generally recognized no such limits, the famous Canadian environmental thinker Maude Barlow has claimed that the human right to water entails that no water markets should be permitted. With a Lockean conception of the human right to water, this chapter argues that both views are mistaken. If water markets (...) prevent people from obtaining some minimal and proportional share of water, by charging a prohibitively high price, or otherwise, then they put the human right to water in jeopardy and, therefore, should be blocked. (shrink)

This timely book by internationally regarded scholar of ethics and social/political philosophy, Michael Boylan, focuses on the history, application and significance of human rights in the West and China. Boylan engages the key current philosophical debates prevalent in human rights discourse today and draws them together to argue for the existence of natural, universal human rights. Arguing against the grain of mainstream philosophical beliefs, Boylan asserts that there is continuity between human rights and natural law and (...) that human beings require basic, essential goods for minimum action. These include food, clean water and sanitation, clothing, shelter and protection from bodily harm, including basic healthcare. The achievement of this goal, Boylan demonstrates, will require significant resource allocation and creative methods of implementation involving public and private institutions. Combining technical argument with four fictional narratives about human rights, the book invites readers to engage with the most important aspects of the discipline. (shrink)

Anyone reading Yuval Shany’s response to my article, “The Blessing of Departure—Exchange of Populated Territories The Lieberman Plan as anExercise in Demographic Transformation,” would hardly characterize it as “agreement.” In part this is because Shany builds his case by assuming I am saying something about self-determination that misses—at least misplaces—my real point. This is unfortunate, both as it masks the fact that Shany and I actually agree transfers can be legal, and it distracts attention from the points of real, substantive (...) disagreement. The misreading is not an accident, rather the product of a patterned view. The points of disagreement, center on: whether transfer is a harm per se; whether the presence of a minority affects the state’s power to transfer; whether there is a positive right not to be denationalized; and whether there is a hierarchy of rights. (shrink)

What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues (...) foundational to such a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as “emergent” goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, and how can environmental human rights be included in justice distributions? (shrink)

This book is open access under a CC BY-NC 2.5 license. This book offers a devastating look at deeply flawed development processes driven by international finance, African governments and the global consulting industry. It examines major river basin development underway in the semi-arid borderlands of Ethiopia, Kenya and South Sudan and its disastrous human rights consequences for a half-million indigenous people. The volume traces the historical origins of Gibe III megadam construction along the Omo River in Ethiopia-in turn, enabling (...) irrigation for commercial-scale agricultural development and causing radical reduction of downstream Omo and (Kenya's) Lake Turkana waters. Presenting case studies of indigenous Dasanech and northernmost Turkana livelihood systems and Gibe III linked impacts on them, the author predicts agropastoral and fishing economic collapse, region-wide hunger with exposure to disease epidemics, irreversible natural resource destruction and cross-border interethnic armed conflict spilling into South Sudan. The book identifies fundamental failings of government and development bank impact assessments, including their distortion or omission of mandated transboundary assessment, cumulative effects of the Gibe III dam and its linked Ethiopia-Kenya energy transmission 'highway' project, key hydrologic and human ecological characteristics, major earthquake threat in the dam region and widespread expropriation and political repression. Violations of internationally recognized human rights, especially by the Ethiopian government but also the Kenyan government, are extensive and on the increase-with collaboration by the development banks, in breach of their own internal operational procedures. A policy crossroads has now emerged. The author presents the alternative to the present looming catastrophe-consideration of development suspension in order to undertake genuinely independent transboundary assessment and a plan for continued development action within a human rights framework-forging a sustainable future for the indigenous peoples now directly threatened and for their respective eastern Africa states. Claudia Carr's book is a treasure of detailed information gathered over many years concerning river basin development of the Omo River in Ethiopia and its impact on the peoples of the lower Omo Basin and the Lake Turkana region in Kenya. It contains numerous maps, charts, and photographs not previously available to the public. The book is highly critical of the environmental and human rights implications of the Omo River hydropower projects on both the local ethnic communities in Ethiopia and on the downstream Turkana in Kenya. David Shinn Former Ambassador to Ethiopia and to Burkina Faso Adjust Professor of International Affairs, The George Washington University, Washington D.C. (shrink)

Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the fulfilment of economic, social, and cultural rights (ESCR) in Canada. Fewer still are studies exploring the interlinkages between these areas of inquiry. The purpose of this paper is to explore, using Canada as a case study, rights-based developments in climate litigation cases and how these could impact the innovative advancement of ESCR (e.g. to (...) food, housing and water). Typically, issues of justiciability and standing emerge, impeding the realization of such rights. Given the grave threats we now face, climate cases and social movements must be brought together to better hold state actors accountable for their rights obligations. We implore the legal community to explore ways to traverse juridical obstacles to realize the interdependencies of human rights and protect the planet from calamitous climate change. (shrink)

The human rights that are enshrined in most western democracies are based on enlightenment ideals of freedom, equality, and justice. Although these core principles are inspirational, their application has not necessarily been equitable or complete enough to provide for the stability, safety, health, and security of all citizens. A more modern understanding of human rights encompasses that which is needed to establish human flourishing, including guaranteed access to water, particularly the clean water provided by adequate (...) sanitation. Without confidence in broad safety and health, and established norms for individual protections, it is difficult for a society to be stable and flourish. Although this argument begins with political philosophy, it ends with a case study in Alabama, one of the poorest states in the United States. This study evaluates the dysfunction caused to local communities and greater society when governmental organizations fail to provide sanitation and guarantee public health for their communities. (shrink)

Beginning with Margaret Somers and Christopher Roberts’ review of the sociology of human rights and Bryan Turner and Malcolm Waters’ debate therein, the author presents some of the questions which have been so far been the focus of this sociological sub-discipline. This review raises the question of ‘rights’ as a subject of study, and the normative consequences therein. From here, the author introduces recognition theory as a potential participant in these discussions around human rights. The author traces recognition (...) theory from its Hegelian origins to the work of Axel Honneth, and the critiques of Nancy Fraser, Frantz Fanon, and Glen Sean Coulthard. Despite Fanon and Coulthard’s critical accounts, they reinforce the value of recognition within any sociology of human rights. Lastly, the author briefly engages with Alasdair MacIntyre as both a dialogical participant, and a means towards dialogue in the first place between recognition theory and human rights. Concluding, the author argues that the normative and descriptive nature of recognition theory offers a useful tool to aid in sociological theorizations of human nature and rights, while addressing some of the problems raised by early theorists of the sub-discipline and preventing siloing of the sub-discipline within a universalist or particularist vein. (shrink)

Increasingly, the world seems to shrink due to our ever-expanding technological and communication capacities. Correspondingly, our awareness of other cultures increases. This is especially true in the field of bioethics because the technological progress of medicine throughout the world is causing dramatic and challenging intersections with traditionally held values. Think of the use of pregnancy monitoring technologies like ultrasound to abort fetuses of the “wrong” sex in India, the sale of human organs in and between countries, or the disjunction (...) between the haves and the have-nots in South America when it comes to bone marrow transplants, while thousands of other children die for want of fundamental goods and services like clean water, basic inoculations, and food itself. (shrink)

Research in ethical AI has made strides in quantitative expression of ethical values such as fairness, transparency, and privacy. Here we contribute to this effort by proposing a new family of metrics called “decisional value scores” (DVS). DVSs are scores assigned to a system based on whether the decisions it makes meet or fail to meet a particular standard (either individually, in total, or as a ratio or average over decisions made). Advantages of DVS include greater discrimination capacity between types (...) of ethically relevant decisions and facilitation of ethical comparisons between decisions and decision-making systems, including across different modalities (for instance: human, machine, or coupled human–machine systems). After clarifying ambiguities in the concept of “decision” itself, including the question of how to individuate the decisions made by a system, we discuss the role and meaning of “decision” in common AI and machine learning approaches such as decision trees, neural networks, SVMs, and unsupervised classifiers. We then show how DVSs may be defined for several ethical values of interest, with an extended discussion of transparency. Finally, we explore how such metrics can be applied to real decision-making systems through two case studies: evaluations of LLMs for transparency; and evaluations of criminal risk assessment tools for utility, rights violations, fairness, and transparency. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:It’s a Human Rights Issue!Daniela TrufferI was born in 1965 in Switzerland with a severe heart defect and ambiguous genitalia. The doctors couldn‘t tell if I was a girl or a boy. First they diagnosed me with CAH and an enlarged clitoris, and cut me between my legs looking for a vagina.Because of my heart condition, the doctors assumed I would die soon. After an emergency baptism, I (...) stayed in the hospital for three months. My mother would travel to the city as often as possible, though she was only allowed to see me through a glass window.When I was two months old, and still in the hospital, doctors opened my abdomen and found healthy testes, which they threw in the garbage bin. According to my medical records, my parents had not provided consent. Further tests showed I am chromosomally male.Later the “castration” was declared a “mistake”: one doctor said I was a boy with hypospadias. As they had already removed the testes, however, they would have “to continue this way and the small patient must be made a girl.”After three months, my parents were finally allowed to take me home.During my childhood, I spent a lot of time in doctor’s offices and hospitals, suffering countless examinations of my genitals and urethral opening. When I was two, our family doctor stuck his finger into my urethral opening; I was screaming very loud, my father says. My mother had to put me into warm water because every time I had to pee I screamed in pain. Later I was hurried to the hospital with a bad infection. Still today my urethra often hurts after going to the toilet.I knew early in my life that I was different.I learned fragments of the truth only after decades of ignorance and denial. I was lucky to obtain my medical records. The hospital initially told me they no longer existed. When I insisted, they eventually sent me some recent files pertaining only to care I received after I was an adult. I kept calling. Once I was put through directly to the archive, where I was told that indeed there were “lots of files on microfilm.” However, it was only when I threatened to return with a lawyer that the hospital sent me a large pile of printouts.Finally I had it in black and white: The doctors had systematically lied to my parents, instructing them to “raise me as a girl” and never talk to me or to anyone else about “the gender issue.” Asked if I could have children, the doctors told them it was “doubtful.” At seven, the doctors still claimed it had been necessary to “remove the ovaries,” and at fourteen told me that I didn‘t menstruate because my “uterus was very small.”Because of the castration, my bone growth was reduced. To this day, I have to deal with health problems like a ruined metabolism, recurring fatigue and vertigo, and osteopenia.I would eventually grow older than doctors had originally predicted. At seven, they decided to operate on my heart septum and valve. I went to the hospital for preparatory cardiac catheterization. However, because of an infection, doctors put off the procedure. Since I had already been admitted, they decided to “use the opportunity to conduct the genital correction already planned in 1965,” and shortened my micropenis to the size of a “very small clitoris,” allegedly with my consent.Fortunately they didn‘t amputate the glans, and I still have sexual feelings left. But I remember the pain and unease, and how I often ran home from [End Page 111] school crying. Today I have a lot of scar tissue, which often hurts and itches.After a few days I was brought back to the cardiologist for the catheterization, and a few months later heart surgery. The doctors saved my life and destroyed it in the same year.I spent my childhood in fear, isolation, and shame. When I had to see a doctor, I was always scared stiff, but I never cried, and endured everything without any protest. I felt sick days in advance, and in... (shrink)

With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. (...) Such clauses demonstrate the many ways in which human rights of those seeking asylum in far-off lands and are potential future immigrants, who often lack much-touted needed papers, yet who are for the most part genuine refugees, are subject to the slings and arrows of political fortune (and misfortune). Approaching the courts if treated unfairly or seeking a further decision as to your fate would seem one of the fundamental premises of human rights. Yet privative clauses—or attempts to ouster the jurisdiction of the courts and to insulate decisions from appeal—have become an increasingly frequent feature of the Australian migration legislation. With a seemingly watertight federal constitutional power set in stone since 1901, to deal with migration and aliens, and without the tempered contemporary update of a federal Bill of Rights, the Australian federal government has been able to narrow the grounds of judicial review in those contexts. We argue that the concerted efforts to deny such fundamental rights of appeal to those most in need of the full armoury of the protection of the law in a modern, affluent democracy, constitutes both a breach of their human rights and a breach of core constitutional principles such as separation of powers. Those principles may not be formally articulated in the text of the Australian Constitution, but in our view they are implicit in the constitutional arrangements, and hence we can conclude with the arguments of former Justice of the High Court of Australia, Michael Kirby, who asked—to whom does sovereignty truly belong? (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage (...) against weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

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

A comprehensive introduction to water ethics, this book explores the common thread between debates in the allocation of water resources, the human right to water and the commodification and privatisation of water services, and fills the gap for alternatives to the predominantly consequentialist approach to dealing with these issues.

Abstract Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness (...) and greed—such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water and food security. Less well explored in this context, however, is the ethics that should underpin global use of emerging technologies such as nanotechnology as forms of planetary therapeutics. Nanotechnology may be particularly important, for instance, as a mechanism for improving upon photosynthesis and engineering it into human structures for localised production of carbon-neutral hydrogen based-fuel and carbohydrate-based food and fertilizer. Artificial photosynthesis, because of its unique and widespread public and environmental benefits in this period of human history, may even be termed the moral culmination of nanotechnology, assisting this planet to move beyond the Anthropocene epoch to that of the Sustainocene. This paper explores practical steps towards planetary nanomedicine involving governance of artificial photosynthesis, including a UNESCO Universal Declaration on the Bioethics and Human Rights of Natural and Artificial Photosynthesis (Global Solar Fuels and Foods ). Content Type Journal Article Category Original Paper Pages 1-13 DOI 10.1007/s11569-012-0144-4 Authors Thomas Faunce, College of Medicine, Biology and the Environment and College of Law (joint Appointment), Australian National University, Acton, Australia Journal NanoEthics Online ISSN 1871-4765 Print ISSN 1871-4757. (shrink)

Meta-ethical attempts to define concepts such as 'goodness', ‘right and wrong’, ‘ought’ and ‘ought not’, have proved largely futile, even over-ambitious. Morality, it is argued, should therefore be directed primarily at the reduction of suffering, principally because the latter is more easily recognisable and accords with an objective view and requirements of the human condition. All traditional and contemporary perspectives are without suitable criteria for evaluating moral dilemmas and without such guidance we face the potent threat of sliding (...) to a destructive moral nihilism. This book presents a possible set of defining characteristics for the foundation of future moral evaluations and engagements, taking into consideration that the historically maligned female gender may be better disposed to ethical leadership. (shrink)

Though the authors of this commentary have deep felt doubts about the fruitfulness of Björkman and Hansson’s analysis of bodily rights, they do not doubt their capacity to develop both creative and provocative thoughtsIt is always welcoming to be confronted with thoughts that, even though one wholeheartedly disagrees with them, have the effect of stimulating one’s own reflections on matters, which without such confrontations, would have been less distinct, less critical—and we would gladly admit, less polemical. Thus it is thanks (...) to Barbro Björkman and Sven Ove Hansson’s article, “Bodily rights and property rights”, that we have been able to set our present course into these murky waters. The issue they want to address is by no means of a kind that lends itself easily to theoretical speculation. This has, perhaps, as much to do with the inherent intricacy of the issue itself as with the controversy it has managed to arouse. The issue is: is it possible to have ownership over one’s own body—that is, is it appropriate to treat the body and its components as property? What are the implications of conceptualising the body and its parts in terms of property? Should one, as a general rule, be able to sell and buy human biological material? If so, who should be allowed to buy and sell it? Does the sale or donation of one’s own bodily parts imply a transfer of ownership rights to the buyer or receiver, or is it rather that ownership of human bodily parts can only be acquired after the material has been, say, manipulated in a laboratory?Contrary to Björkman and Hansson, who see “the primary normative issue” to be “what combination of rights a person should have to a particular item of biological material”, we believe that their decision to construe …. (shrink)

The experience of the twentieth century bears witness to the abuse, mutilation and homicide of the vulnerable made possible by the power of the state, mass markets, and medical and financial interests. Suggestions for reform of the law regarding food and fluids typically take place in the context of utilitarian personistic “quality-of-life” presuppositions, and interests in shifting legal responsibility for life-and-death decisions, medical research, drug trials, organ harvesting as well as more mundane bureaucratic concerns like bed-clearing. With the Western world (...) undergoing massive demographic change and a growing ageing and non-productive population, it cannot be assumed that these alterations to the positive law are problem-free. By allowing new agents power to require that food and fluids be withdrawn, non-therapeutic research and other procedures (like abortion and sterilisation) be performed on non-consenting patients, novel legislation such as that discussed cannot be regarded as autonomy enhancing so much as a threat to human rights. These laws although touted as progressive, more often than not invite routine abuse and destruction of the vulnerable, obscure accountability and create an inconsistent body of law, with conflicting obligations for health professionals. (shrink)

For several years the authors have been working in Detroit with grassroots coalitions resisting Emergency Management. In this essay, we focus on how community groups in Detroit and Flint advanced common struggles for clean, safe, affordable water as a human right, particularly during the period of 2014 to 2016. We explore how, through a series of direct interventions – including public meetings and international gatherings, independent journalism and social media, community-based research projects, and citizen-led policy initiatives – (...) these groups contributed to challenging neoliberal governance, to undermining the legitimacy of state officials and their policies, and to shifting public consciousness around the human right to water. (shrink)

Governmental and non-governmentalagencies worldwide have devoted considerablefinancial, technical, and organizational efforts toconstruct or rehabilitate irrigation infrastructure inthe last three decades. Although rural povertyalleviation was often one of their aims, evidenceshows that rights to irrigated land and water wererarely vested in poor men, and even less in poorwomen. In spite of the strong role of irrigationagencies in vesting rights to irrigated land and waterin some people and not in others, the importance ofagencies‘ targeting practices is still ignored.This article disentangles how (...) public irrigationagencies either included or excluded women and mensmallholders as right holders to irrigated land andwater. This is done on the basis of significant casestudies from Africa, Asia, and Latin America thatpoint in both positive and negative directions. Thegeneral conclusions are the following. Rights toirrigated land are related to the site-selection andphysical design of land-bound irrigationinfrastructure. These rights are vested in the pooreither by implementing a localized land reform or bydirectly selecting poor people‘s land forimprovement. Among all potential land users in aselected site, water rights have to be defined. Thepoor are included as title holders if water rights arevested in land users rather than land owners, and inboth women and men, rather than in male householdheads. A common condition to get water rights is thatone has to participate in construction investments.Agencies need, firstly, to open up this condition forthe poor, also for women, and, secondly, ensure thatpoor people‘s investments are linked to rights.Parallel to vesting land and water rights, externalagencies influence the composition of the local forumsin which decisions on land and water rights arerefined, endorsed, and implemented, and they influencethe order in which project activities are planned andundertaken. Early inclusion of the poor in theseforums and crystallization of expropriation andallocation criteria and procedures before constructionstarts are pivotal for poverty alleviation. (shrink)

This chapter contains section titled: Basic Human Rights Public Reason Sovereignty and Self‐determination The DNSL Argument and the Minimum Respect‐for‐Justice Condition Adequate Justification Rights of Political Participation Post‐war Nation Building Promoting Political Reform Conclusion Acknowledgments Notes.

For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy and to their (...) relational equality. The liberal conception of the human right to property has both vertical and horizontal significance — it implies respect from both the public authority and other individuals — which means that it is thoroughly political but not necessarily statist. Our account generates important implications, both domestic and transnational. Domestically, it implies that whereas some property rights should be subject to strong constitutional protection, state law should facilitate other types of private and non-private property institutions, and these property institutions may well be subject to non-owners’ claims to access and, more broadly, to being treated respectfully. Furthermore, our conception of the human right to property requires that everyone have the unusual authority typical of full-blown private ownership. Transnationally, our analysis highlights a freestanding dimension of relational justice, which is relevant across borders even given that our distributive obligations are statist. This injunction of relational justice in transnational interactions brings into question the adequacy of the current state of the law, according to which these interactions are mainly governed by choice-of-law rules that conceptualize them as wholly subsumed under the capacities of the parties as citizens of their respective polities. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in (...) national, but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

A growing focus on pleasure in human rights discourse has been used to address patterns of sexual exclusion, often when addressing the problems of people with disabilities (PWD). As convincingly argued by Liberman, however, not all PWD suffer from sexual exclusion, and not all who suffer from sexual exclusion are PWD. Danaher and Liberman have thus argued in various ways for a broader range of measures, addressing sexual exclusion. This article builds on previous research and offers a conceptual framework (...) for addressing sexual pleasure and exclusion in terms of human rights. It argues that human rights aim to safeguard autonomy, which is interpreted as multidimensional. It, thus, divides autonomy into the four dimensions of liberty (freedom from threat and coercion), opportunity (options to choose between), capacity (what an agent is capable of doing) and authenticity (the extent to which choices are genuine). Furthermore, it distinguishes between distinct egalitarian strategies, which offer different problems and possibilities, and may be combined. Thus, there is direct egalitarian distribution, indirect egalitarian distribution, baseline or threshold strategies and general promotion strategies. By way of conclusion, the importance of sexual authenticity as the ultimate aim of sexual rights is emphasised. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires (...) resources. We owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

A human right to freedom of religion is not equivalent to a right to tolerance. Human rights and tolerance-rules serve for different purposes and are based on different justifications. Tolerance-rules serve to protect a peaceful living together with strangers who share no common values. Human rights serve to protect every individual’s personhood. Religion can only be a matter of human rights, if and so far as it is a condition of development and maintenance of (...) personhood. Discussion about a human right to freedom of religion makes sense only if we can identify a particular scope of protection which concerns only religion and if the freedom of religion is not embraced by wider-framed freedoms. The freedom of religious thoughts and the freedom of religious speech are embraced by the general human rights to freedom of thoughts and freedom of speech. Here, there is no need for a special human right to freedom of religion. The right not to be forced to act contrary to religiously founded moral rules is embraced by the general human right to freedom of conscience. And again, there is no need for a special human right. The target of religious practices in a narrower sense is to become flexible and porous and not to resist the threats of the sacral in order to avoid the destruction of personhood. Therefore, we have to recognize a human right to freedom of religious rites. It protects only the actions of accommodation to the overwhelming power of the sacral. It does not protect, however, any action with which it is intended to rule the world or to rule over others, to organize certain practical challenges, or to discover or to maintain scientific theories or technical means. (shrink)

The human right to health, insofar as it is widely recognized, is typically thought to include the right to fair access to adequate healthcare, but the operating conception of healthcare in this context has been under-defined. This lack of conceptual clarity has often led in practice to largely Western cultural assumptions about what validly constitutes “healthcare” and “medicine.” Ethnocentric and parochial assumptions ought to be avoided, lest they give justification to the accusation that universal human rights (...) are mere tools for Western imperial agendas. At the same time, a right to healthcare that is not also explicitly the right to effective healthcare rapidly loses meaning. This paper strives to provide an account of medicine with the flexibility to accommodate cultural difference in forms of practice, while also aiding in the articulation of a minimum for medical systems to meet the standards set out in a human right. (shrink)

Recent years have seen increased debate about the contributions that human rights make to the creation of conditions of peace. However, less attention has been paid to the claim that peace itself is a genuine human right. Whereas some critics argue that a focus on rights results in an overly formal juridical account of peace at the expense of a more robust notion of positive peace, others contend that a legal framework of rights is all that is (...) needed to eliminate violent conflict. In this paper I strike a position between these two arguments and articulate a normative defense of the human right to peace embedded within a broader discourse of social justice. I do so by demonstrating that a right to peace is a genuine human right because it satisfies appropriate justificatory tests, including those concerning its scope, the duties it generates, and its economic feasibility. S. Afr. J. Philos. Vol.21(3) 2002: 147-162. (shrink)

Thomas Christiano argues that democracies acquire a right to rule by being the unique embodiment of publicly accessible rules. Justice requires the equal advancement of the interests of all. However, due to the need for citizens to shape a common world despite disagreement and limitations of human cognition, publicity is a necessary constraint on the pursuit of justice. Given that democracy is necessary to secure public equality, democratic authority is thus justified, as democracy is the only political arrangement (...) that satisfies both the publicity constraint and equality requirement. Christiano’s argument depends on a claim that individuals should be given the right to advance what they take to be their interests. This right is defended through two interlocking claims. First, according individuals this right advances three fundamental interests: i) correcting cognitive biases; ii) being at home in the world; and iii) equal moral standing. Second, the three fundamental interests imply that any collective decision-making procedure must be publicly accessible. Thus, any argument against the right to judge for oneself either violates the publicity requirement or the equality constraint. In this paper, I argue that Christiano’s argument faces a problem—under a two-stage plural voting system, an unequal distribution of voting rights can satisfy both the publicity requirement and the equality constraint. Thus, Christiano’s claim that public equality requires an equal distribution of the right to judge for oneself is mistaken. (shrink)

This Reply offers my answers to Cheshire Calhoun’s, Elizabeth Brake’s, and Monika Betzler’s wonderful contributions to the Criminal Law and Philosophy symposium on Being Sure of Each Other (2020). Their contributions focus respectively on the conceptual and normative foundations of my defence of our human rights to have adequate social inclusion, the harms that might flow from recognising such rights as human rights, and the impact such rights can have on our most intimate relations. My replies aim both (...) to clarify and solidify the argumentative basis for my account and to show that whatever harms and wrongs might dog the recognition of social human rights are nothing compared to the injustices that flow–and have long-flowed–from ignoring or attacking these rights. (shrink)

As a result of the global economic turndown, many local and national governments are disinvesting in public libraries. This paper proposes that governments have an obligation to create and fund public libraries, because access to them is a human right. Starting with the Universal Declaration of Human Rights, and appealing to recent work in Human Rights Theory, I argue that there is a right to information, which states are obligated to fulfill. Given that libraries are (...) highly effective institutions for ensuring that this right is fulfilled, there is a derived human right to a public library. (shrink)

In many countries and resource sectors, the state is devolving responsibility for natural resource management responsibility to ``communities'' or local user groups. However, both policymakers and researchers in this area have tended to ignore the implications of gender and other forms of intra-community power differences for the effectiveness and equity of natural resource management. In the irrigation sector, despite the rhetoric on women's participation, a review of evidence from South Asia shows that organizations often exclude women through formal or informal (...) membership rules and practices. Women may have other ways to obtain irrigation services, but even if they are effective, these other informal ways of obtaining irrigation services are typically less secure. As resource management – and rights to resources – are transferred from the state to local organizations, ensuring women's participation is essential for gender equity in control over resources. Greater involvement of women can also strengthen the effectiveness of local organizations by improving women's compliance with rules and maintenance contributions. Further detailed and comparative research is required to identify the major factors that affect women's participation and control over resources, if devolution policies are to be both equitable and sustainable. (shrink)

This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights (...) , it can be restricted in certain extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity. (shrink)

Progress in neurotechnology and Artificial Intelligence (AI) provides unprecedented insights into the human brain. There are increasing possibilities to influence and measure brain activity. These developments raise multifaceted ethical and legal questions. The proponents of neurorights argue in favour of introducing new human rights to protect mental processes and brain data. This article discusses the necessity and advantages of introducing new human rights focusing on the proposed new human right to mental self-determination and the (...) class='Hi'>right to freedom of thought as enshrined in Art.18 International Covenant on Civil and Political Rights (ICCPR) and Art. 9 European Convention on Human Rights (ECHR). I argue that the right to freedom of thought can be coherently interpreted as providing comprehensive protection of mental processes and brain data, thus offering a normative basis regarding the use of neurotechnologies. Besides, I claim that an evolving interpretation of the right to freedom of thought is more convincing than introducing a new human right to mental self-determination. (shrink)