This book presents a historical perspective on patterns of human rights abuse in Cuba, El Salvador and Nicaragua and incorporates international relations in to the traditional theories of state repression found within the social sciences.

This paper is about human rights and policing in Bangladesh, with special focus on the role of National Human Rights Commission. The protection and promotion of human rights in Bangladesh has become difficult as the law enforcement agencies, particularly the police and the Rapid Action Battalion, are involved in human rights violations. An overall culture of impunity for human rights violations exists in Bangladesh. The National Human Rights Commission (...) appears to have failed to break the culture of impunity in Bangladeshi politics. This paper explains the reasons why the National Human Rights Commission in Bangladesh largely fails to make the political system in particular law enforcement agencies accountable. (shrink)

Medical collaboration with authoritarian regimes historically has served to facilitate the use of torture as a tool of repression and to justify atrocities with the language of public health. Because scholarship on medicalized killing and biomedicalist rhetoric and ideology is heavily focused on Nazi Germany, this article seeks to expand the discourse to include other periods in which medicalized torture occurred, specifically in Argentina from 1976 to 1983, when the country was ruled by the Proceso de Reorganización Nacional military regime. (...) The extent to which medical personnel embedded themselves within the Proceso regime’s killing apparatus has escaped full recognition by both scholars and human rights activists. This article reconstructs the narrative of the Proceso’s human rights abuses to argue that health professionals knowingly and often enthusiastically facilitated, oversaw, and participated in every phase of the “disappearance,” torture, and mass murder process. (shrink)

This paper addresses three commentaries on Victims' Stories and the Advancement of Human Rights. In response to Vittorio Bufacchi, it argues that asking victims to tell their stories needn't be coercive or unjust and that victims are entitled to decide whether and under what conditions to tell their stories. In response to Serene Khader, it argues that empathy with victims' stories can contribute to building a culture of human rights provided that measures are taken to overcome (...) the implicit biases and colonialist interpellations she identifies. In response to Andrea Westlund, it proposes a taxonomy of types of narrative closure and offers some arguments to strengthen her view that empathy with victims' stories endows audience members with a new reason and new motivation to support human rights. (shrink)

Multinational enterprises are aware of their responsibility to protect human rights now more than ever, but severe human rights violations, including physical integrity abuses, continue unabated. To explore this puzzle, we engage theoretically with the means-ends decoupling literature to examine if and when oil and gas firms’ policies and practices prevent severe human rights abuse. Using an original dataset, we identify two pathways to mitigate means-ends decoupling: while human rights policies alone (...) do not reduce human rights abuses, firms with a high-quality human rights policy over the long-term reduce severe human rights abuses; firms that combine preparedness—which we define as a firm’s capabilities, practices, and engagement—with a long-term human rights policy also reduce the likelihood of human rights abuses. Preparedness, we argue, can lead to reinforcement dynamics between long-term policy efforts and additional capabilities that provide a more holistic understanding of firm behavior. (shrink)

We ask what type of neutralization techniques corporations apply to allegations of human rights abuses. We proceed by undertaking a Qualitative Content Analysis of 162 responses by ten extractives-sector firms over a period of 14 years. The firms were responding to accusations of human rights impacts documented by the Business and Human Rights Resource Centre. We use Garrett et al.’s :507–520, 1989) framework of neutralization techniques consisting of denial, justification, concession and excuse to (...) examine the responses. During our QCA, we observed emerging themes around self-promotion and evasive tactics. We contribute to existing literature by proposing ‘evasion’ as a novel neutralization technique, particularly in circumstances of corporate responses to accusations of wrongdoing. We argue that evasion occurs when firms refuse to engage in the debate brought forward in an accusation. In addition, we enrich our understanding of neutralization techniques by proposing subneutralization techniques in our analysis to diverge from that of other studies. We conclude by discussing the implications of the predominance of corporate narcissism and evasive neutralization techniques to the business and human rights movement and other international corporate responsibility standards. (shrink)

Elder abuse is a significant social issue in society. Although this area has generated an increasing research base, there is scant literature on elder abuse viewed through the lens of ageism and its sway on human rights and citizenship. These three perspectives on the topic allow for a meaningful and equitable benchmark from which elder abuse may be considered. Ageism influences the way human rights and citizenship are articulated for older people and is conceptualised as stereotypical (...) views of older people leading to prejudiced attitudes, actions and societal marginalisation. Such attitudes function to both disadvantage and devalue older people providing a covert basis for societal tolerance of elder abuse. This paper reviews pertinent literature in the area of elder abuse, human rights, citizenship and ageism, and argues that although society aspires to certain ideals in terms of equality and valuing the human individual, these aspirations may often be questionable in terms of older people and abuse. (shrink)

This paper investigates necessary conditions for developing a participatory, rightsholder-driven approach to remedy for business-related human rights abuses by analyzing findings from a case study with the Fair Food Program. With the inclusion of human rights into discussions of business ethics and CSR, scholars and practitioners have made calls for participatory approaches to remedy to address cases of human rights abuses. However, a gap remains in our understanding of how to operationalize participatory (...) approaches in a manner that empowers rightsholders, particularly within contexts of severe power imbalances. The paper puts forth a rightsholder-driven theoretical framework for remedy, grounded on critical dialogic accountability principles and integrated with empirical analysis from the Fair Food Program case study. This framework defines remedy as a system comprising reinforcing aspects rather than standalone mechanisms. The critical dialogic accounting and accountability framework provides a theoretical framing of engagement that enables the inclusion of multiple, divergent voices and aims toward meaningful engagement with marginalized groups. The analysis of findings from the case study identifies enforcement and education as necessary conditions for effective and empowering rightsholder-driven approaches to remedy. The paper deconstructs these conditions to develop an understanding of the program’s unique approach to enforcement and education. The paper concludes by discussing the implications of rightsholder-driven remedy for Business and Human Rights and business accountability. (shrink)

The emotions surrounding the question of Kosovo’s future owe their intensity to the long history of human rights abuses in the province. The years 1945–1966 and 1987–1999, in particular, saw harsh repression of local Albanians and a systematic favoring of local Serbs. Since June 1999, the province has been under international supervision, and, in this period, Serbs complain that they have been the victims of repeated acts of violence at the hands of Albanians. This article provides an (...) overview of human rights abuses since 1945 and closes with a brief assessment of the international plan presented by UN mediator Martti Ahtisaari in February 2007. (shrink)

This paper puts forth a critical perspective on remedy for business-related human rights abuses. It reflects on the purpose of remedy in Business and Human Rights and argues that effective remedy should address the multiple root causes of abuses to prevent reoccurrences rather than focus on surface issues and isolated cases. To develop a theoretical framework to conceptualize preventative remedy that addresses multiple root causes, this research draws on Fraser’s radical democratic conception of justice (...) and participatory parity. According to the principle, justice is achieved through social arrangements that enable all actors to engage with one another as peers. To conceptualize effective remedy as participatory parity, the paper examines three dimensions—cultural, economic, and political—where injustices or root causes of abuses must be addressed to realize participatory parity. The paper analyzes the illustrative case of the Fair Food Program through the lens of Fraser’s framework. Analysis reveals effective enforcement as necessary to realize participatory parity and address the three dimensions of justice in the context of severe power asymmetries. In the theorized framework, remedy aims to address the multiple root causes of business-related human rights abuses toward prevention and empower rightsholders to engage meaningfully in remedial processes. (shrink)

Abstract Today’s scholarship and policymaking on business and human rights (BHR) urges businesses to better understand their human rights responsibilities and remedy them, when and if abuses do occur. Despite the public discourse about businesses and human rights, the state—as the main duty bearer in international human rights law—plays a fundamental role as the protector and enforcer of human rights obligations. Yet, the existing literature overlooks state involvement as perpetrators (...) of abuse in the corporate context. We develop the term _economic complicity_ to shed light on the state’s role in directly or indirectly abusing human rights within a corporation’s sphere of influence, such as police violence toward nonviolent protesters or granting environmental licenses without adhering to legally required community consultations. We ask: What contributes to the state’s engagement in economic complicity in corporate human rights abuses? We assess hypotheses emergent from the democratic change and development studies literatures with a unique database that includes economic complicity data from Latin America, the Corporations and Human Rights Database (CHRD). This research has important theoretical implications for the business ethics and BHR literatures, as understanding economic complicity highlights the need for business actors to avoid shirking their moral responsibilities to not only ‘do no harm’ but also to protect human rights when they are threatened by the state. (shrink)

This book argues that ultimately human rights can be actualized, in two senses. By answering important challenges to them, the real-world relevance of human rights can be brought out; and people worldwide can be motivated as needed for realizing human rights. Taking a perspective from moral and political philosophy, the book focuses on two challenges to human rights that have until now received little attention, but that need to be addressed if (...) class='Hi'>human rights are to remain plausible as a global ideal. Firstly, the challenge of global inequality: how, if at all, can one be sincerely committed to human rights in a structurally greatly unequal world that produces widespread inequalities of human rights protection? Secondly, the challenge of future people: how to adequately include future people in human rights, and how to set adequate priorities between the present and the future, especially in times of climate change? The book also asks whether people worldwide can be motivated to do what it takes to realize human rights. Furthermore, it considers the common and prominent challenges of relativism and of the political abuse of human rights. This book will be of key interest to scholars and students of human rights, political philosophy, and more broadly political theory, philosophy and the wider social sciences. **Open access**, Table of contents: 1. Introduction: Two New Challenges to Human Rights and the Question of Motivation Part I: Preparing the Ground 2. Human Rights: A Conception 3. Common Challenges to Human Rights: The Relativist and the Political Pawns Challenge Part II: Novel Challenges to Human Rights 4. The Challenge of Global Inequality 5. The Challenge of Future People Part III: Getting to Realization 6. The Question of Motivation: Can People Be Motivated as Needed for Realizing Human Rights? 7. Conclusion. (shrink)

The under-reporting of sexual abuse reduces the chances of winning the battle against sexual abuse of women and children in Zimbabwe. It leaves girl children powerless and vulnerable, despite the country’s determination to put an end to injustice and gender discrimination in line with the Sustainable Development Goals (SDGs), in particular, SDG 5, which focuses on gender and equality, and SDG 16, which is concerned with justice and peace. The aim of this study was to explore the barriers to reporting (...) sexual abuse in Ruwa. Informed by the human rights-based approach, the study adopted a quantitative research design. Survey data were solicited from 51 randomly selected female respondents. Results revealed that 69% of the respondents were abused, yet only 2% of the total respondents reported the abuse to authorities, while 67% did not report incidences of abuse. About 98% of respondents believed that most sexual abuse cases in Ruwa went unreported. Results also showed that barriers to reporting sexual abuses comprised cultural and economic factors, most of which were characterised by shame, embarrassment, and fear, as well as the desire to protect male breadwinners. The results are consistent with existing literature generalisations on sexual abuse, particularly in terms of the prevalence of sexual abuse and under-reporting. It is also argued that culture is the determinant factor for most of the barriers to reporting sexual abuse, as well as the effects of reporting.Based on the results and in view of promoting and protecting human rights associated with sexuality, the study recommends that local authorities and social institutions implement awareness programmes and campaigns on reporting sexual abuse in the community.Contribution: This study is the first of its kind in Ruwa. Its significance is embedded in how it reflects on the role played by culture, religion and societal views on matters of sexual abuse. (shrink)

Bringing Human Rights Education to US Classrooms presents ten research-based human rights projects powerfully implemented in a range of U.S. classrooms, from elementary school through community college and university. In these classrooms, the students--primarily young people of color who have experienced or witnessed human rights abuses such as discrimination and poverty--are exposed for the first time to thinking about their own lives and the world through an empowering human rights lens. Unique (...) in integrating theory and classroom practice, and in addressing human rights issues with special relevance for communities of color in the US, Katz and Spero provide indispensable guidance for those studying and teaching human rights. (shrink)

This book, based on the prestigious Oxford Amnesty Lecture series, focuses on human rights abuses, and the ways in which they are interpreted. The collection includes contributions by Tzvetan Todorov, Michael Ignatieff, Peter Singer, Gitta Sereny, Susan Sontag, and Eva Hoffman, with commentaries on their essays by Niall Fergusson, Timothy Garton Ash, John Broome, Hermione Lee and others.

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect (...) of human rights is a perfect moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

This article focuses on the #FeesMustFall movement and the question of a human rights culture. It provides evidence from the specific context of FMF at the University of KwaZulu-Natal, Pietermaritzburg, which exposes human rights abuses and violence to the dignity of protesting students. To advance a human rights culture within the higher education sector in the context of FMF, the article highlights the role of theology – ‘indecent theology’ – in revealing the problem (...) and promise of higher education institutions in the quest for a more liberating and responsible society. It is only through interrogating the narratives that sustain the current university structures – and continue to oppress the poor and the marginalised – that South Africa will be able to begin to construct a society that is respective of the rights of all. (shrink)

An illustrative comparison of human rights in 1948 and the contemporary period, attempting to gauge the impact of globalization on changes in the content of human rights (e.g., collective rights, women's rights, right to a healthy environment), major abusers and guarantors of human rights (e.g., state actors, transnational corporations, social movements), and alternative justifications of human rights (e.g., pragmatic agreement, moral intuitionism, overlapping consensus, cross-cultural dialogue).

Economics plays a key role in human rights issues as decision-makers weigh the incentives associated with choosing how to use scarce resources in the context of committing or escaping human rights violence. This textbook provides an introduction to the microeconomic analysis of human rights utilizing economics as a lens through which to examine social topics including capital punishment, violence against women, asylum seeking, terrorism, child abuse, genocide, and hate. Whether analyzing the decisions made in (...) capital punishment cases, the causes and consequences of genocide, or the impact of terrorist acts on domestic and international decision-making, the science of economics provides tools and a systematic method of analysis and policy recommendation. This key text presents a method for integrating the social sciences of economics and human rights to create new opportunities for the investigation of social issues. Within each chapter, readers gain a fundamental understanding of a specific human rights issue, the decision-makers and the decision-making process involved, and the benefits and costs leading to the decisions. Experts on each issue, drawn from a variety of fields, contribute to each chapter and present first-hand accounts and different perspectives on each issue. The detailed analyses and accounts provided also explore the potential incentives involved in the prevention and termination of human rights violations. Aiming to further economic inquiry and enhance interdisciplinary research, this textbook serves as a multi-purpose guide for a range of readers. Students, researchers, and educators, as well as those working in organizations supporting victims of human rights violations and policy-makers facing human rights challenges, will find this book informative and engaging. (shrink)

Fragmented social relations, the twin demise of authority and tradition, the breakdown of behavioural norms and constraints: all these are the outcome, according to their critics, of the uses and abuses of human rights in contemporary democratic societies. We are, they say, seeing the perverse effects of a 'religion of human rights' to which Europe has rashly devoted its heart and mind; and the supposed burgeoning of rights, which goes hand in hand with an (...) unchecked rise of expectations, is catapulting Western democracies into an age of never-ending demands. This emerged clearly in France in Spring 2013 during the demonstrations against equal marriage ('mariage pour tous') whose opponents deplored the excesses of a movement-driven left striving for an unbounded extension of rights - from the right to same-sex marriage to the enfranchisement of non-nationals or the right of same-sex couples to adopt. (shrink)

History plays an important role in the philosophy of human rights, more so than in philosophical discussions on related concepts, such as justice. History tends to be used in order to make it credible that there is a tradition of rights as a moral idea, or an ethical ideal, that transcends national boundaries. In the example that I investigate in this chapter, this moral idea is tightly spun around the moral dignity of the human person. There (...) has been a shift in conceptions of human rights during the twentieth century, from ‘politics of the state to the morality of the globe’. Rather than figuring in, or as, constitutional principles of the political life of a polity and the relation between a state and its members, the notion of rights has come to serve as the name of a state- and politics-transcending ethical position on the status of the human person, and the relations between human persons. Given that this move from politics of the state to morality of the globe is a recent one, it goes without saying that trying to ground a state-transcending morality of human rights with the help of early modern history is problematic. Still, philosophers of this kind of morality of human rights are prone to claiming, for their accounts, a long-standing human rights tradition that, frankly, is not there, at least not in that form. One example is James Griffin, whose reliance on what he refers to as a historical notion of human rights is the focus of my critical discussion here. Griffin claims that ‘our’ concept of human rights is a product of eighteenth century Enlightenment thought. If ‘our’ concept of human rights is Griffin’s concept, then his claim is false – as I show. I agree, however, that the eighteenth century is a pivotal moment, but if we wish to understand natural rights in eighteenth century thought, we need to grasp the fact that power over others, and the capacity of those who hold that power to also abuse it, was not a contingent concern, or merely part of the extension of a concept defined prior to, or independently of, any such concern. It was built into the concept itself; it was its very point. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps (...) because of its multivalence, the concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the (...) lives of individuals, and particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. conomic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. (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)

From the fundamental rights proclaimed in the American and French declarations of independence to the 1948 Universal Declaration of Human Rights and Hannah Arendt’s furious critiques, the definition of what it means to be human has been hotly debated. But the history of human rights—and their abuses—is also a richly illustrated one. Following this picture trail, _Human Rights In Camera_ takes an innovative approach by examining the visual images that have accompanied (...) class='Hi'>human rights struggles and the passionate responses people have had to them. Sharon Sliwinski considers a series of historical events, including the 1755 Lisbon earthquake and the Holocaust, to illustrate that universal human rights have come to be imagined through aesthetic experience. The circulation of images of distant events, she argues, forms a virtual community between spectators and generates a sense of shared humanity. Joining a growing body of scholarship about the cultural forces at work in the construction of human rights, _Human Rights In Camera_ is a novel take on this potent political ideal. (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)

Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper offers (...) an institutional account of the expansion of NGO externalization opportunities from the CHR to the HRC, and during UPR institution building and Egypt’s 2010 UPR. It draws on 45 longitudinal, open-ended interviews with Egyptian human rights activists, donors, and other observers conducted in 2007 and 2010. (shrink)

This article examines Henri Bergson’s conception of human rights in The Two Sources of Morality and Religion. I claim that he provides an original view of human rights. Rather than understand human rights primarily as an institution to protect all human beings from serious social, legal, and political abuse, Bergson conceives of them as a medium of personal transformation. In particular, I argue that for him the true potential of human rights (...) is to initiate all human beings into a way of life open to love and joy. (shrink)

In 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal (...) trials in its domestic judicial system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes. (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)

Human trafficking for organ removal (HTOR) should not be reduced to a problem of supply and demand of organs for transplantation, a problem of organized crime and criminal justice, or a problem of voiceless, abandoned victims. Rather, HTOR is at once an egregious human rights abuse and a form of human trafficking. As such, it demands a human-rights based approach in analysis and response to this problem, placing the victim at the center of initiatives (...) to combat this phenomenon. Such an approach requires us to consider how various measures impact or disregard victims/potential victims of HTOR and gives us tools to better advocate their interests, rights and freedoms. (shrink)

The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims (...) Act in the United States and ATCA-like litigation possibility in the European Union present a feasible alternative to international law in the field of human rights protection when abuses are committed by transnational corporations. (shrink)

This paper reports original data on contentious challenges, especially protests, focused on human rights in seven Latin American countries from 1981 to 1995. An analysis reveals that human rights contentious challenges are most prevalent where human rights abuses are worse and authoritarianism is present and in countries that are more urbanized. However, the incidence of such human rights contentious challenges is not related to the number of human rights organizations (...) in the country. Results also suggest two different types of human rights contention. National human rights movements, present in Argentina and Guatemala, involved HROs and demanded improvements in the national human rights situation. The other form is ancillary human rights protest, in which human rights challenges are led by a variety of groups, focus on repression particular to the groups involved and are either short-lived or part of a more general wave of opposition. This form of contention was more prevalent in Brazil, Chile, Mexico, Nicaragua, and Venezuela. (shrink)

Human rights defenders (HRDs) fight for various human rights and address concerns related to corruption, employment, the environment, and other issues. They also challenge powerful state and private stakeholders and seek justice for human rights abuses. Therefore, HRDs are increasingly becoming targets of violent attacks and abuse with the aim of silencing them. This article begins by providing a brief definition of HRDs and then proceeds to outline the risks associated with their work (...) in defending human rights. It also identifies the perpetrators responsible for these violations. The article categorises the types of abuses against HRDs into two main categories, with a particular focus on the widespread tactic of using the legal system to target and silence defenders in Europe, which is also emerging globally. It introduces a taxonomy of various types of violations through the legal system. By categorising the types of violations against HRDs and establishing a taxonomy to aid in identifying these tactics, the article seeks to deepen understanding and awareness of the varied abuses experienced by HRDs, as well as their deviation from human rights standards, providing a valuable resource for academics, practitioners, and defenders. (shrink)

Human Rights and the Ethics of Globalization provides a balanced, thoughtful discussion of the globalization of the economy and the ethical considerations inherent in the many changes it has prompted. The book's introduction maps out the philosophical foundations for constructing an ethic of globalization, taking into account both traditional and contemporary sources. These ideals are applied to four specific test cases: the ethics of investing in China, the case study of the Firestone company's presence in Liberia, free-trade and (...) fair-trade issues pertaining to the coffee trade with Ethiopia and the use of low-wage factories in Mexico to serve the US market. The book concludes with a comprehensive discussion of how to enforce global compliance with basic human rights standards, with particular attention to stopping abuses by multinational corporations through litigation under the Alien Tort Claims Act. (shrink)

In the transition from a repressive to a democratic society, the successor government faces the problem of how to deal with grave human rights violations such as killings and torture committed under its predecessor. This paper analyzes the dilemma a new government may encounter when it attempts to prosecute and punish those found responsible. On one hand, trials of chargeable officers may be able to prevent human rights abuses in the future and to facilitate instituting (...) or restoring democracy. On the other, in the case that there were no legal rules definitively prohibiting the abuses committed by these officers, the trials require ex post facto laws, which breach the principle of nulla poena sine lege, and more generally violate the rule of law. These retroactive laws not only break legal predictability but treat individuals unfairly. After identifying both the need for, and the legal and political losses incurred by such criminal trials, the author examines the claims that international law resolves the dilemma of retroactive justice or that prosecution is justified as a fulfillment of international obligation. Then the author refers to this dilemma as “dirty hands” to characterize a circumstance in which one cannot avoid using the wrong means to obtain the best ends. Such characterization has normative implications for three aspects of trials: the process of enacting retroactive laws and the process of conducting the trials; the choice of other possible legal remedies; and the principles related to reactions in the international community. (shrink)

Over 90% of the organs transplanted in China before 2010 were procured from prisoners. Although Chinese officials announced in December 2014 that the country would completely cease using organs harvested from prisoners, no regulatory adjustments or changes in China’s organ donation laws followed. As a result, the use of prisoner organs remains legal in China if consent is obtained. We have collected and analysed available evidence on human rights violations in the organ procurement practice in China. We demonstrate (...) that the practice not only violates international ethics standards, it is also associated with a large scale neglect of fundamental human rights. This includes organ procurement without consent from prisoners or their families as well as procurement of organs from incompletely executed, still-living prisoners. The human rights critique of these practices will also address the specific situatedness of prisoners, often conditioned and traumatized by a cascade of human rights abuses in judicial structures. To end the unethical practice and the abuse associated with it, we suggest to inextricably bind the use of human organs procured in the Chinese transplant system to enacting Chinese legislation prohibiting the use of organs from executed prisoners and making explicit rules for law enforcement. Other than that, the international community must cease to abet the continuation of the present system by demanding an authoritative ban on the use of organs from executed Chinese prisoners. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which (...) class='Hi'>rights discourse ascribes variable humanity to certain categories of people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

When we think of human rights we assume that they are meant to protect people from serious social, legal, and political abuses, and to advance global justice. In _Human Rights and the Care of the Self_, Alexandre Lefebvre turns this assumption on its head, showing how the value of human rights also lies in enabling ethical practices of self-transformation. Drawing on Foucault's notion of 'care of the self', Lefebvre turns to some of the most (...) celebrated authors and activists in the history of human rights–such as Mary Wollstonecraft, Henri Bergson, Eleanor Roosevelt, and Charles Malik–to discover a vision of human rights as a tool for individuals to work on, improve, and transform themselves for their own sake. This new perspective allows us to appreciate a crucial dimension of human rights, one that can help us to care for ourselves in light of pressing social and psychological problems, such as loneliness, fear, hatred, patriarchy, meaninglessness, boredom, and indignity. (shrink)