The discourse inside and outside of sport in Australia and abroad on the participation of transgender women in female sport focuses on the principles of fairness, equity and the safety of competitors. These concerns commonly materialise (with little evidence) labelling transgender women as ‘cheats’, dominating female sport, strategically being coached in collision sports to intentionally hurt opponents or fraudulently transitioning with the sole aim of competing in elite women’s sport. Our research examines the process by which the Australian Football League (...) (AFL) grappled with these competing narratives in developing a policy to permit the participation of transgender and gender diverse athletes in community and ‘elite’ competitions. It will be argued that the initial AFL process lacked consideration of the human rights of transgender women and did not provide the necessary resources required to ensure a safe and inclusive process for transgender women to engage with the AFLW competition. This article will also identify lessons which other sport governing organisations should heed in developing and implementing policies for the inclusion of transgender women in sport. (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 (...) class='Hi'>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)

Large-scale transnational land acquisition of agricultural land in the global south by rich corporations or countries raises challenging normative questions. In this article, the author critically examines and advocates a human rights approach to these questions. Mutually reinforcing, policies, governance and practice promote equitable and secure land tenure that in turn, strengthens other human rights, such as to employment, livelihood and food. Human rights therefore provide standards for evaluating processes and outcomes of transnational land (...) acquisitions and, thus, for determining whether they are ethically unacceptable land grabs. A variety of recent policy initiatives on the issue have evoked human rights, most centrally through the consultation and negotiation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests concluded in 2012. However, a case of transnational land appropriation illustrates weak host and investor state enforcement of human rights, leaving the parties to in interaction with local groups in charge of protecting human rights. Generally, we have so far seen limited direct application of human rights by states in their governance of transnational land acquisition. Normative responses to transnational land acquisition—codes of conduct, principles of responsible agricultural investment or voluntary guidelines—do not in themselves secure necessary action and change. Applying human rights approaches one must therefore also analyze the material conditions, power relations and political processes that determine whether and how women and men can secure the human rights accountability of the corporations and governments that promote large-scale, transnational land acquisition in the global south. (shrink)

During the last years, there has been an increasing discussion on the role of business in human rights violations and an increase in human rights litigation against companies. The result of human rights litigation has been rather disillusioning because no corporation has been found guilty and most cases have been dismissed. We argue that it may nevertheless be a useful instrument for the advancement of the business and human rights agenda. We examine (...) the determinants of successful human rights litigation in terms of judicial, educational, and regulatory effects. This article reviews more than 40 corporate foreign direct liability cases and their effects on corporate human rights policies and conduct. The review shows that most corporations adjusted their human rights policies and adopted additional measures to cope with human rights issues during or shortly after the legal proceedings. Opening legal channels for human rights litigation may be one way for governments to incentivize firms to respect human rights. These findings have implications for the United Nations Guiding Principles on Business and Human Rights as well as on our interpretation of the most recent U.S. Supreme Court decision in Kiobel v. Shell. (shrink)

Since the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, accounting, and (...) philosophy critically reflect on the theoretical foundations of the UNGPs, they analyze the effectiveness of implementation mechanisms and current regulatory practice, and they advance proposals for the future development of the business and human rights regime. In this introduction, we prepare the ground for these analyses, proceeding in three steps. Firstly, we argue that the adoption of the UNGPs has triggered a norm cascade which requires a distinctive, empirically oriented research agenda focusing on the scope, governance, and effectiveness of corporate human rights accountability norms and instruments. Secondly, we explain how the articles in this special issue contribute to that research agenda by addressing these themes. Thirdly, we provide an overview of the individual contributions and point out avenues for future research. (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)

This article argues that hunger in Canada, while being an outcome of unemployment, low incomes, and inadequate welfare, springs also from the failure to recognize and implement the human right to food. Food security has, however, largely been ignored by progressive social policy analysis. Barriers standing in the way of achieving food security include the increasing commodification of welfare and the corporatization of food, the depoliticization of hunger by governments and the voluntary sector, and, most particularly, the neglect by (...) the federal and provincial governments of their obligations to guarantee the domestic right to food as expressed in international human rights law. The interconnectedness of hunger, welfare, and food security issues in a first world society are explored from the perspective of progressive social policy and food security analysis and the development of alternative strategies. In terms of advancing the human right to food in Canada, particular emphasis is placed on the role of the state and civil society, and the social and economic rights of citizenship built on an inclusive social policy analysis and politics of welfare, food security and human rights. (shrink)

The emerging concept of food sovereignty refers to the right of communities, peoples, and states to independently determine their own food and agricultural policies. It raises the question of which type of food production, agriculture and rural development should be pursued to guarantee food security for the world population. Social movements and non-governmental organizations have readily integrated the concept into their terminology. The concept is also beginning to find its way into the debates and policies of UN organizations and national (...) governments in both developing and industrialized countries. Beyond its relation to civil society movements little academic attention has been paid to the concept of food sovereignty and its appropriateness for international development policies aimed at reducing hunger and poverty, especially in comparison to the human right to adequate food (RtAF). We analyze, on the basis of an extensive literature review, the concept of food sovereignty with regard to its ability to contribute to hunger and poverty reduction worldwide as well as the challenges attached to this concept. Then, we compare the concept of food sovereignty with the RtAF and discuss the appropriateness of both concepts for national public sector policy makers and international development policies. We conclude that the impact on global food security is likely to be much greater if the RtAF approach predominated public policies. While the concept of food sovereignty may be appropriate for civil society movements, we recommend that the RtAF should obtain highest priority in national and international agricultural, trade and development policies. (shrink)

Given current constraints on universal treatment campaigns, recent advances in public health prevention initiatives have revitalized efforts to stem the tide of HIV transmission. Yet, despite a growing imperative for prevention—supported by the promise of behavioral, structural and biomedical approaches to lower the incidence of HIV—human rights frameworks remain limited in addressing collective prevention policy through global health governance. Assessing the evolution of rights-based approaches to global HIV/AIDS policy, this review finds that human rights have (...) shifted from collective public health to individual treatment access. While the advent of the HIV/AIDS pandemic gave meaning to rights in framing global health policy, the application of rights in treatment access litigation came at the expense of public health prevention efforts. Where the human rights framework remains limited to individual rights enforced against a state duty bearer, such rights have faced constrained application in framing population-level policy to realize the public good of HIV prevention. Concluding that human rights frameworks must be developed to reflect the complementarity of individual treatment and collective prevention, this article conceptualizes collective rights to public health, structuring collective combination prevention to alleviate limitations on individual rights frameworks and frame rights-based global HIV/AIDS policy to assure research expansion, prevention access and health system integration. (shrink)

This article examines post-9/11 efforts by Western governments to instill respect for human rights among the world’s Muslim populations. The article argues that Western discourses on human rights are best conceptualized as a hegemonic Bourdieusian distinction strategy. In a dynamic strategy of this type, new human rights norms are continually produced and subverted by liberal elites in the West. Because these norms are constantly evolving, Muslim social practices can never “catch up” to them. This (...) produces a perpetual distinction between a progressive liberal Occident and a backwards illiberal Orient, justifying the perpetual hegemony of the former over the latter. In developing its analysis, the article gives special attention to right-wing nationalist movements in Europe and the USA and US foreign policy in the Middle East. These developments are situated in relationship to liberal imperialism in the Colonial era, the Global War on Terrorism, and recent concerns over immigration. (shrink)

Does public condemnation or shaming of human rights abuses by the United Nations influence foreign aid delivery calculus across Western donor states? I argue that countries shamed in the United Nations Human Rights Council encourage donor states to channel more aid via international and local non-governmental organizations. Furthermore, I find this effect to be more pronounced with increased media coverage. The findings of this paper suggest that international organizations do influence advanced democracies’ foreign policy. Moreover, the (...) paper also finds that donor governments do not punish recipient leaders by scaling back on government-to-government aid, which is more fungible, despite public condemnations of their human rights practices owing largely to strategic concerns. These results are robust to a number of alternative data and estimation techniques. (shrink)

The World Bank and International Monetary Fund (IMF) have been criticised for their weak commitment to human rights, with the World Bank subject to greater scrutiny and criticism than the IMF and despite significant progress since 2015 in linking its policies and operations to international human rights law. In this light, we explore the extent to which the IMF meets its responsibilities under international human rights law. We focus on IMF conditionality, on the conditions (...) attached to IMF loans to countries in the global South. Using QDA Miner Lite, and a system of interpretive coding, we explore the extent to which international human rights standards are reflected in IMF loan conditions on the basis of inter-temporal and cross-country comparisons. We find that human rights are increasingly reflected in IMF conditionality, but also that it continues to undermine human rights, for instance, by unduly constraining the fiscal space available to sovereign governments. The IMF, we conclude, continues to compare unfavourably to other multilateral institutions, warranting enhanced scrutiny by organs of the UN Human Rights Council and by human rights NGOs. (shrink)

As our world becomes increasingly interconnected, threats to global public health continue to proliferate. New and novel risks to health have emerged consistently over the past 30 years. Moreover, our shrinking world now allows health threats to spread more quickly than ever before. Given these realities, efforts to protect and improve global health must be expansive, flexible, and able to take into account the variety of circumstances that may imperil good health. These efforts also must consider the multiple levels and (...) varying contexts in which laws, policies, and other factors govern global health and affect health outcomes. (shrink)

One of the challenges facing AI governance is the need for multiple scales. Universal human rights require a global scale. If someone asks AI if education is harmful to women, the answer should be “no” regardless of their location. But economic democratization requires local control: if AI’s power over an economy is dictated by corporate giants or authoritarian states, it may degrade democracy’s social and environmental foundations. AI democratization, in other words, needs to operate across multiple scales. Nature (...) allows the multiscale flourishing of biological systems through fractal distributions. In this paper, we show that key elements of the fractal scaling found in nature can be applied to the AI democratization process. We begin by looking at fractal trees in nature and applying similar analytics to tree representations of online conversations. We first examine this application in the context of OpenAI’s “Democratic Inputs” projects for globally acceptable policies. We then look at the advantages of independent AI ownership at local micro-levels, reporting on initial outcomes for experiments with AI and related technologies in community-based systems. Finally, we offer a synthesis of the two, micro and macro, in a multifractal model. Just as nature allows multifractal systems to maximize biodiverse flourishing, we propose a combination of community-owned AI at the micro-level, and globally democratized AI policies at the macro-level, for a more egalitarian and sustainable future. (shrink)

This book addresses two central questions: What does it mean to shift the epistemic centre of human rights thinking and to decolonise global human rights? And, how to study the 'active' conceptual, empirical, epistemic and political life of rights in 'most of the world'? To address these questions, this book introduces and develops the framework of vernacular rights cultures. The study of vernacular rights cultures is an interdisciplinary, conceptual, epistemic, methodological and empirical project. (...) It intervenes in the current impasse of human rights debates to offer a framework through which the complexity and dynamism of rights-based mobilisations might be analytically captured, not simply as those which are mimetic, and engaged in the translation, enactment and localization of 'global human rights', but rather as those which have their specific languages of rights and entitlements grounded in specific political imaginaries, justificatory premises and subjectivities. Through a conceptual and ethnographic tracking of the Urdu/Arabic word haq across subaltern citizen mobilizations in India and Pakistan, the book analyses the deployment of rights in the vernacular in South Asia including the political, epistemic and ethical agency released by this rights politics. By focusing on the claims for rights/haq by marginalised and very poor women including dalit and indigenous women within grassroots mobilisations demanding rights to food, employment, public information/accountability and land rights in rural movements in India and Pakistan, the book documents the specific gendered political imaginaries that inform rights struggles in the subcontinent. (shrink)

Internet of Things, Internet of Everything and Internet of People are concepts suggesting that objects, devices, and people will be increasingly interconnected through digital infrastructure that will generate a growing gathering of data. Parallel to this development is the celebration of the smart city and sharing city as urban policy visions that by relying heavily on new technologies bear the promise of efficient and thriving cities. Law and policy scholarship have either focused on questions related to privacy, discrimination, security, or (...) issues related to the production and use of big data, digital public services. Little or no attention has been paid to the disruptive impact of technological development on urban governance and city inhabitants’ rights of equal access, participation, management and even ownership, in order to understand whether and how technology can also enhance the protection of human rights and social justice in the city. This Article proposes complementing the technological and digital infrastructure with a legal and governance infrastructure, the Internet of Humans, by construing and injecting in the policy framework of the city the principle of Tech Justice. Building on a literature review and from an analysis of selected case studies, this Article stresses the dichotomy existing between the market-based and the society-based applications of technology, the first likely to increase the digital divide and the challenges to human rights in the city, the latter bearing the promise to promote equal access to technology in the city. The main argument advanced by this Article is that the principle of Tech Justice if embedded as an empirical dimension of smart city and sharing city policies can steer their developments in the direction of a more just and democratic city. (shrink)

In the development of a rights-based approach to global health governance, international organizations have looked to human rights under international law as a basis for public health. Operationalizing human rights law through global health policy, the World Health Organization has faced obstacles in efforts to mainstream human rights across the WHO Secretariat. Without centralized human rights leadership in an increasingly fragmented global health policy landscape, regional health offices have sought to advance (...) human rights in health governance and support states in realizing a rights-based approach to health. Examining the efforts of the Pan American Health Organization, this article explores the evolution of human rights in PAHO policy, assesses the mainstreaming of human rights in the Pan American Sanitary Bureau, and analyzes the future of the rights-based approach through regional health governance. (shrink)

Although Australia has comparatively few individuals seeking asylum, it has had a mandatory detention policy in place since 1992. This policy has been maintained by successive governments despite the overwhelmingly negative impact mandatory detention has on mental health. For mental health professionals working in this environment, a number of moral, ethical, and human rights issues are raised. These issues are discussed here, with a focus on dual loyalty conflicts and drawing on personal experience, the bioethics and human (...) rights literature, and recent parliamentary inquiries. For those who continue to work in this environment, future directions are also discussed. (shrink)

A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children (...) and legal implications, the authors advance a trauma-informed approach to human rights. The approach considers the experiences of trauma associated with physical abuse, sexual abuse, neglect, psychological/emotional abuse, community violence, natural disasters, serious accidents, parental death/grief, medical procedures and conditions, and terrorism. In the case of violations including rape and torture, the paper Torture by means of Rape concerns the psychological suffering of victims of rape, abuse, and torture in light of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As for the jurisprudence of international human rights bodies, the advancement of a psychology-informed view of human rights is noticeable. Take the example of the Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment on Biopsychosocial factors conducive to torture and ill-treatment. The Report explores the root causes of the current worldwide complacency concerning torture and ill-treatment and recommends the urgent and proactive incorporation of science-based conclusions into ongoing, policy-based global governance reform processes. Further, the report provides that the root cause of the systemic governance failure is attributed to the generic biopsychosocial factors that have shaped human decision-making throughout history, irrespective of national, cultural, religious, or other distinctive influences. Since the two fields are creating a landscape of new concepts and perspectives, one may study this interface broadly under three headings; (a) Psychology in Human Rights. (b) Rights-Based Approach to Psychological Science and Research. (c) Psychology and Human Rights in Law and Policy. (shrink)

Human Rights are fundamental. Rights should be considered natural to all human beings. Man, is born with some rights. These rights exist irrespective of the fact whether they are recognized by the society or not. Some rights of man are eternal to man and they are prior to States. These rights are known as “natural rights”. Para 3 of the Preamble to Universal Declaration of Human Rights says that whereas (...) it is essential, if man is not be compelled to have recourse, as a last resort to rebellion against tyranny and oppression, that human right should be protected by the rule of law. All men and women, everyone in the world, are entitled to the rights and freedom contained in the Declaration without any discrimination. The human rights contained in the Universal Declaration may be divided intotwo categories: civil and political rights, which are usually insisted upon in the western liberal democracies; and economic, social and cultural rights, which are generally emphasized in the socialist democracies. The Constitution of India has issued two broad mandates to the Parliament, the Legislatures of the States and to all institutions of the Government. They are: (1) not to take away or abridge certain rights described as fundamental rights; and (2) to apply certain principles described as Directive Principles of State Policy. Both are interrelated. The social and economic obligations of the State are to protect the rights of the citizens prescribed in the ancient texts. To show the importance of human rights and to protect it, the President of India promulgated an Ordinance on September 28,1993 with a view to provide for the setting up of a National Human Rights Commission for better protection of Human Rights and for matters connected therewith. (shrink)

Economic sanctions are a primary tool the US government and international organizations use to promote human rights abroad, yet they have proven to be largely ineffective and harmful to civilians. There is accumulating evidence that this paradox may be explained by the expressive purposes of sanctions and domestic politics. This article further explores these explanations by examining human rights sanction policy debates. Specifically, I analyzed 27 US Congressional hearings on human rights policy toward (...) China. I argue that moral pressure enabled support for human rights sanctions, high costs fueled opposition to them, and discussions of effectiveness were marginal to the debate. The findings contribute to past studies by identifying the psychological and sociological mechanisms by which legislators circumvent arguments of sanction ineffectiveness and harmfulness and delineating the role of business, human rights, and ethnic interest groups in enabling and constraining support for human rights sanctions. (shrink)

This paper relates human rights to public health ethics and policies by discussing the nature and moral justification of human rights generally, and the right to health in particular. Which features of humanity ground human rights? To answer this question, as an alternative to agency and capabilities approaches, the paper offers the “fundamental conditions approach,” according to which human rights protect the fundamental conditions for pursuing a good life. The fundamental conditions approach (...) identifies “basic health”—the adequate functioning of the various parts of our organism needed for the development and exercise of the fundamental capacities—as the object of a human right. A human right to basic health entails human rights to the essential resources for promoting and maintaining basic health, including adequate nutrition, basic health care, and basic education. Duty bearers include every able person in appropriate circumstances, as well as governments and government agencies, private philanthropic foundations, and transnational corporations. (shrink)

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)

Despite the common trauma of systematic human rights violations under military rule, Argentina, Chile, and Uruguay have responded in markedly different ways to their troubling pasts. This paper explains differences in human rights policies over time and across countries by looking at varying domestic conditions, including the ideological orientation of the governing party and the structure of party competition, as well as constraints and opportunities presented by external events. Government support for human rights (...) derives in part from ideological proclivity but even more from the ability to build popular support for such a policy. Conservative and center-right politicians lack credibility among voters on human rights and therefore have little political incentive to adopt an activist stance on this issue. Leftist politicians are ideologically predisposed toward championing human rights but may be hamstrung by concerns about alienating centrist voters. Leftist politicians will only come out strongly in favor of human rights when they enjoy a clear political majority; leftist leaders who rely upon centrist allies will adopt a low-profile approach to human rights. Conversely, centrist political leaders who rely upon leftist allies have a strong political incentive to emphasize human rights. Once political momentum begins to shift to the right, however, centrist politicians will downplay human rights. Finally, external events may significantly alter national discourse on human rights, allowing cautious governments to gain political cover for more progressive human rights policy. By drawing attention to the important role of ideology and the structure of party competition, this paper offers a more complete explanation of the sources of human rights policy. It also provides a novel perspective on the ways in which external and international influences are filtered through national political systems. (shrink)

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

This article explores the very limited cases historically in the twentieth century when human rights was used in American policy debate as a defending principle for the provision of government-guaranteed universal healthcare. It discusses these cases and examines various reasons as to why this is so, noting the major emphasis in American political culture on negative rather than positive liberty. It examines the shift in political culture from the Roosevelt, Truman, and Johnson eras that embraced social and (...) economic rights and defined them as such to the post-Reagan era when conservative ideologies were ascendant. These ideologies reject the legitimacy of social and economic rights and remain dominant in the United States. It comparatively situates the American refusal to consider universal healthcare a human right with European affirmations of such a right and to those found in various treaties of international law. Finally, it analyzes how Barack Obama’s Patient Protection and Affordable Care Act—while not adopting the rhetoric of human rights does, functionally, enable as a matter of public policy an entitlement to healthcare. (shrink)

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

The application of human right frameworks is an increasingly important part of efforts to accelerate progress in global mental health. Much of this has been driven by several influential legal and policy instruments, most notably the United Nations’ Convention on the Rights of Persons with Disabilities, as well as the World Health Organization’s QualityRights Tool Kit and Mental Health Action Plan. Despite these significant developments, however, much more needs to be done to prevent human rights violations. (...) This chapter focuses on a critical component of this broader challenge, which is the question of how best to regulate and reduce the use of coercive measures. The recent literature on coercion in psychiatry – which addresses involuntary commitment, seclusion, restraint, and forced medication – represents a useful resource that can help guide tractable solutions in global mental health. These issues are evaluated from the perspective of global health governance, and several general recommendations are made in order to improve monitoring and enforcement, provide guidance for domestic legislative reform, and strengthen health systems. (shrink)

PurposeInternational organizations are working on an unprecedented number of development initiatives relevant to people with disabilities. This makes it essential for the global disability community to be able to participate effectively in the decision-making processes associated with these programs. In light of this, this study aims to explore whether information technologies can help create a more inclusive global governance, forming the basis for equitable development for people with disabilities.Design/methodology/approachThe results of a global survey of disabled people’s organizations’ leaders are discussed. (...) This asked disability rights advocates about their experiences with accessibility and barriers to effective participation, low-cost accessible technological solutions for remote participation and freely available “off-the-shelf” online technologies – in particular social media platforms – to bridge the gap between the disability community and global governance processes.FindingsAlthough only a small number of international conferences offer accessible virtual participation through web conferencing and other tools, responses from DPO advocates suggest that there is a strong demand for this technology and provide evidence of its potential for improving accessibility in global governance. Furthermore, disability organizations all over the world have embraced social media platforms to liaise with their grassroots and enable them to part-take in policy-making processes.Originality/valueThis study highlights community-backed technological solutions to persisting barriers that systematically exclude people with disabilities from fundamental global governance processes, illuminating the nexus of disability, accessibility, and participation. (shrink)

The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states-Indonesia, Thailand, and Malaysia-responded to the violations in very different ways. (...) In each case, their responses to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse. (shrink)

Among the various experiments in ‘new governance’, the model of Responsible Research and Innovation is emerging in the European landscape as quite promising. Up to now, there have been two versions of RRI: a socio-empirical version which tends to underline the role of democratic processes aimed at identifying values on which governance needs to be anchored and a normative version which stresses the role of EU goals as ‘normative anchor points’ of both governance strategies and policy making. Both versions are (...) unsatisfactory. The first since it suggests movable anchorage which could clash with prefixed values, such as individual rights. The second since it does not safeguard fundamental rights in the process of balancing ‘anchor points’. This result is counterintuitive because it exposes governance to the risk of facing adverse court decisions in the defense of individual rights, thus losing its anticipative attitude. In order to avoid this outcome, the paper argues that it is only through better integration between the system of human rights and that of EU fundamental rights that the anticipative feature of RRI can be preserved. (shrink)

Climate change threatens to infringe the human rights of many. Taking an optimistic stance, climate engineering might reduce the extent to which such rights are infringed, but it might also bring about other rights infringements. This Forum, leading off the special issue on climate engineering governance, engages three scholars in a discussion of three core issues at the intersection of human rights and climate engineering. The Forum is divided into three sections, each authored by (...) a different scholar and discussing a distinct aspect of this relationship. First, Toby Svoboda gives an overarching view of three competing approaches to human rights, grounded in philosophy; then, Holly Jean Buck looks at lessons from how the climate migration conversation brings a human rights approach to a climate policy issue; and finally, Pablo Suarez illustrates how a humanitarian approach to climate engineering works with a human rights framework. The conclusion of the Forum draws together points of overlap across the three sections and suggests a path forward for policy and research on this topic. Together, the sections show that climate engineering, should it materialize, will pose novel human rights challenges, and may well force reconsideration of how human rights are applied as a guide to action. (shrink)

At least since Athenian trade sanctions helped to spark the Peloponnesian War, economic coercion has been a prominent tool of foreign policy. In the modern era, sovereign states and multilateral institutions have imposed economic sanctions on dictatorial regimes or would-be nuclear powers as an alternative to waging war. They have conditioned offers of aid, loans, and debt relief on recipients’ willingness to implement market and governance reforms. Such methods interfere in freedom of trade and the internal affairs of sovereign states, (...) yet are widely used as a means to advance human rights. But are they morally justifiable? -/- Drawing on human rights theories, theories of justifiable harm, and examples such as IMF lending practices and international sanctions on Russia and North Korea, Fabre offers a defense of economic statecraft in some of its guises. An empirically attuned work of philosophy, Economic Statecraft lays out a normative framework for an important tool of diplomacy. (shrink)

Some scholars believe that only governments or those who uphold governmental policies can be human rights violators. Others argue that private individuals are also able to violate human rights. The two positions have come to be known in the literature as the institutional interpretation and the interactional interpretation of human rights respectively. This paper critically analyzes an exemplary case: Thomas Pogge’s institutional conception of human rights as presented in World Poverty and (...) class='Hi'>Human Rights: Second Edition. This paper focuses on some of the negative consequences implicit in his approach. First of all, it shows that Pogge does not provide an adequate explanation of the reason why human rights should be conceived as claims on coercive social institutions and on those who uphold such institutions but not on single individuals, independently of their commitment to institutions. Secondly, it shows that official disrespect rather than violation as a criterion to evaluate the respecting of human rights is unsuccessful or at least insufficient. It sees in Pogge the same perspective mistake that infects Rawls’ conception of human rights, namely that of expanding unduly one of the functions human rights perform - establishing the limits of legitimate sovereignty - into their very essence. Therefore, this paper puts in question the way in which Pogge’s institutionalism mix the conception of human rights with the conception of distributive justice. The conclusion to which the whole paper comes to is that proponents of the institutional interpretation misconstrue human rights because they conflate two philosophical agendas, that of human rights and that of global justice. (shrink)

The late Jonathan Mann famously theorized that public health, ethics, and human rights are complementary fields motivated by the paramount value of human well-being. He felt that people could not be healthy if governments did not respect their rights and dignity as well as engage in health policies guided by sound ethical values. Nor could people have their rights and dignity if they were not healthy. Mann and his colleagues argued that public health and (...) class='Hi'>human rights are integrally connected: Human rights violations adversely affect the community's health, coercive public health policies violate human rights, and advancement of human rights and public health reinforce one another. Despite the deep traditions in public health, ethics, and human rights, they have rarely cross-fertilized—although there exists an important emerging literature. For the most part, each of these fields has adopted its own terminology and forms of reasoning. Consequently, Mann advocated the creation of a code of public health ethics and the adoption of a vocabulary or taxonomy of “dignity violation”. (shrink)

This is a direct challenge to the notion of library neutrality, especially in the present context of war, revolution, and social change. This book locates library and information workers as participants and interventionists in social conflicts. The strategies for social action worldwide were chosen because of their connection to elements of the Universal Declaration of Human Rights (1948) that relate particularly to core library values, information ethics, and global information justice. This book also encourages readers to pay attention (...) to links between library and information work and the following solidarity rights not currently incorporated into any legally-binding human rights framework. The aim is primarily at librarians, archivists, educators and students. Content consists of essential concepts presented in accessible terms (e.g., critical librarianship, information ethics, global information justice, human rights), along with a practical orientation to action on contemporary issues (e.g., intellectual freedom, intellectual property, preservation, cultural destruction, censorship, public access to government information, commercialization, academic freedom, workplace speech, international relations, anonymity, privacy, confidentiality, human security, national security policies, transborder data flow, and information poverty). (shrink)

The discourse of multiculturalism provides a useful means of understanding the complexities, tensions, and dilemmas that Asian and other minority women in the U.K. grapple with in their quest for human rights. However, the adoption of multiculturalist approaches has also silenced women’s voices, obscuring, for example, the role of the family in gendered violence and abuse. Focusing on the work of Southall Black Sisters, and locating this work within current debates on the intersection of government policy, cultural (...) diversity, and feminist activism, this article examines, and critiques, the Labour government’s current “multi-faith” agenda for its impact on Black and minority ethnic women in the U.K. (shrink)

Bangladesh emerged as an independent country in the South Asia in 1971 after being separated from Pakistan. In 1971 it was a very poor country. The general people had a hope and dream that the political parties will develop the country and will eradicate poverty gradually, will provide jobs to the 50% unemployed people, will educate the 60% illiterate people; but their holy hope and dream have not been fulfilled due to frequent hostile political culture, beating, killing among the political (...) party members, no patriotism among the political leaders, massive corruption, unnecessary frequent strike, unnecessary opposition to the government policy etc. This paper has narrated the past and current social and political situation in Bangladesh briefly with the help of data collected from newspapers and statements given by intellectuals and political leaders. Descriptive and analytical research methodology has been applied in this paper to narrate the situation. (shrink)

Recently, there has been a strong push for binding human rights due diligence (HRDD) legislation, both at the national and European levels. As empirical evidence of such legislation's impact gradually emerges, it is time to take stock. In this article, we conduct a systematic literature review to assess available empirical evidence on (1) how HRDD legislation affects the policies and practices through which companies engage with human rights; (2) how these policies and practices, in turn, affect (...) different actors in companies’ value chains. While it is too early to make conclusive judgements, existing evidence allows us to identify several worrying trends: most companies opt for managerialist and compliance-oriented approaches to HRDD; revert primarily to earlier (and flawed) private governance mechanisms; and try to cascade responsibilities and costs in their supply chain. This risks perpetuating or reinforcing marginalisation and exclusion dynamics. Based on these findings, we formulate some lessons for policy-makers. (shrink)

There is increasing consensus that the right to health can provide ethical, policy and practical groundings for health systems development. The goals of the right to health are congruent with those of health systems development, which are about strengthening health promotion organizations and actions so as to improve public health. The poor shape and performance of health systems in Chad question the extent of realization of the right to health. Due to its comprehensiveness and inclusiveness, the right to health has (...) the potential of being an organizational and a normative backbone for public health policy and practice. It can then be understood and studied as an integral component of health systems development. (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)

In many parts of sub-Saharan Africa, mothers impacted by the genetic condition of albinism, whether as mothers of children with albinism or themselves with albinism, are disproportionately impacted by a constellation of health-related stigma, social determinants of health, and human rights violations. In a critical ethnographic study in Tanzania, we engaged with the voices of mothers impacted by albinism and key stakeholders to elucidate experiences of stigma. Their narratives revealed internalized subjective stigma, social stigma such as being ostracized (...) by family and community, and structural stigma on account of lack of access to SDH. An analysis of health systems as SDH revealed stigmatizing attitudes and behaviours of healthcare providers, especially at the time of birth; a lack of access to timely quality health services, in particular skin and eye care; and a lack of health-related education about the cause and care of albinism. Gender inequality as another SDH featured prominently as an amplifier of stigma. The findings pose implications for research, policy, and practice. A concrete avenue to de-stigmatization of mothers impacted by albinism exists by the application of principles of human rights, particularly equality and non-discrimination; contextual analysis of cultural dynamics including relevant ontology; meaningful participation of rights-claimants, such as peer groups of mothers; and accountability of governments and their obligation to ensure access to health information as a key social determinant of the right to health. (shrink)

After giving a brief account of human rights, the paper investigates five contemporary attacks on them. All of the attacks come from two contemporary proponents of the cost-benefit state, attorney Cass Sunstein and philosopher Larry Laudan. These attacks may be called, respectively, the rationality, objectivity, permission, voluntariness, and comparativism claims. Laudan's and Sunstein's rationality claim (RC) ist that only policy decisions passing cost-benefit tests are rational. Their objectivity presupposition (OP) is that only acute, deterministic threats to life are (...) objective. Sunstein’s permission claim (PC) is that regulators are merely permitted, 3 not required, to take distributive and human rights concerns into account. Sunstein’s 3 voluntariness claim (VC) is that the consent of potential victims is not relevant to government regulations about risks and benefits. Laudan’s comparativism claim 3 (CC) is that there are no rules of thumb, no precomparative norms like human rights, for assessing theory choice in policy science. The paper analyzes each of these claims, shows how they undercut human rights, and argues that each of them errs. (shrink)

Indigenous Zuni farming, including cultural values, ecological and biological diversity, and land distribution and tenure, appears to have been quite productive and sustainable for at least 2000 before United States influence began in the later half of the 18th century. United States Government Indian agriculture policy has been based on assimilation of Indians and taking of their resources, and continues in more subtle ways today. At Zuni this policy has resulted in the degradation and loss of natural resources for (...) farming, reduction in the number of Zuni farmers and their control over farming resources, individualization of rights in farmland, consolidation of farm fields, and declining biological diversity in agriculture. The Zuni Sustainable Agriculture Project with the Zuni Irrigation Association and the Zuni community, are now working to revitalize sustainable Zuni farming, based on traditional values, knowledge, and technology, combined with modern knowledge and technology where appropriate. The United States government can support these efforts through appreciation of the need for Zuni control and the potential value of cultural and biological diversity. (shrink)

In recent years, political philosophers have debated whether human rights are a special class of moral rights we all possess simply by virtue of our common humanity and which are universal in time and space, or whether they are essentially modern political constructs defined by the role they play in an international legal-political practice that regulates the relationship between the governments of sovereign states and their citizens. This edited volume sets out to further this debate and move (...) it ahead by rethinking some of its fundamental premises and by applying it to new and challenging domains, such as socio-economic rights, indigenous rights, the rights of immigrants and the human rights responsibilities of corporations. Beyond the philosophy of human rights, the book has a broader relevance by contributing to key themes in the methodology of political philosophy and by addressing urgent issues in contemporary global policy making. (shrink)

This paper was first presented at the Annual Meeting of the American Society of Christian Ethics, Toronto School of Theology, Toronto, Ontario in January 1977. Robert Shelton aims to focus on the concept of 'right to health care,' its related principle, 'distributive justice' in an attempt to suggest 'where we are' at present and where we perhaps ought to be heading. The paper is divided into three parts, which in their turn explore the moral grounds, the US general public's policy (...) and the part justice and government are likely to play in the development and distribution of health care. He concludes by highlighting 'omissions', an intentional one of his own and the other a major gap in the literature. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such (...) as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into (...) their accounts, it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

Since the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, accounting, and (...) philosophy critically reflect on the theoretical foundations of the UNGPs, they analyze the effectiveness of implementation mechanisms and current regulatory practice, and they advance proposals for the future development of the business and human rights regime. In this introduction, we prepare the ground for these analyses, proceeding in three steps. Firstly, we argue that the adoption of the UNGPs has triggered a norm cascade which requires a distinctive, empirically oriented research agenda focusing on the scope, governance, and effectiveness of corporate human rights accountability norms and instruments. Secondly, we explain how the articles in this special issue contribute to that research agenda by addressing these themes. Thirdly, we provide an overview of the individual contributions and point out avenues for future research. (shrink)

Contemporary notions of what constitutes tribal self government for Indigenous Peoples in the legal systems of the nation-states Canada, New Zealand and the United States of America have their origins in philosophies and theories developed by European nation-states generally, in relation to their colonial expansion into what is now called the Americas. This thesis examines the nature of these theories, and how they have formed the basis for legal precedent and public policy in the three nation-states. A representative analysis (...) of three contemporary issues will serve to illustrate the outcome of this legal/political history. I look at three sites. These are the British Columbia Treaty Process in Canada, the Waka Umanga legislation in New Zealand, and legal developments arising from the Indian Reorganization Act in the United States. Full sovereignty from an Indigenous Peoples worldview existed for Indigenous nations, and with it, self government. The notion of self government as a viable and contemporary public policy initiative is well grounded in law and history. It would seem that current initiatives to acknowledge this inherent right are more about preserving colonial hegemony rather then engaging in honest negotiation. Current initiatives are converging into a single public policy goal; namely the corporatisation of Indigenous Peoples legal personality and self governing capacity. What used to be distinct nation-state development now seems to be a four nation-state (CANZUS) unified plan being implemented on four different fronts. Clearly, from the legal history, self government is something fundamentally different from self-management. The advent of Legal Positivism has played a significant role in assumptions that inherent sovereignty and self government never existed under European legal systems. The framework of tribal self governance must be viewed in the context of the values of the specific People to be a true expression of an Indigenous Nation exercising self government. This fundamental distinction can be traced back to the legal history. The foundational laws regarding interactions with Indigenous Peoples were developed under theories of natural law. The contemporary state practice is conducted under positivist law, with a nod toward developing human rights standards. Only through continued advocacy for the legal recognition of inherent rights will the nation-states be challenged on their self management agenda. (shrink)