In lieu of an abstract, here is a brief excerpt of the content:Literature, Imagination, and Human RightsWillie van Peer“the poet’s function is to describe, not the thing that has happened, but a kind of thing that might happen”Aristotle: Poetics, 1451aAristotle’s dictum has been of vital importance to the development of literary theory, and its significance can still be felt today. It is the foundation of the distinction we make between journalism and literature, between history and fiction. (...) class='Hi'>Literature, Aristotle proposes, is about things that could happen, not about things that have taken place in reality. Literature is thus inscribed in the realm of the imagination. However, imagination does not operate in an epistemological vacuum. A fictional text entertaining no relation with the world would have no meaning. Perhaps giants, dragons and witches do not really exist, and perhaps it is not really possible to cover seven miles with each step of those wonderful boots that Tom Thumb discovered. But we have no difficulty in imagining those things, precisely because they entertain an intimate relationship with forms and things, events and actions that happen in daily life. The details of the relationship between reality and fiction are less important for the present argument than the fact that fiction is embedded in our pragmatic attitudes. 1 Ernst Bloch has given this human tendency a name: The Hope Principle. Our desire for a better world expresses itself in hope, a distinctive feature of the species Homo Sapiens. The importance of the imagination in the project of humanity has received eloquent and systematic treatment in the philosophical work of Hans Vaihinger and Helmuth Plessner. 2 Imagination also gives impetus to history, because it drives us toward the realization of aims and plans that initially lived only in our hearts and minds: “Someone dreaming never remains in the same place.” 3 [End Page 276]Similar things have been asserted about literature, by Horace, Sidney, Matthew Arnold, and others. Reading is supposed to make us better humans, heightening our awareness, increasing our sensibility, and thus indirectly guiding our actions toward the establishment of a better world. Sometimes noble motives are associated with this function. Reading literature, it is then assumed, makes the reader more socially tolerant, more perceptive about other humans, and more politically conscious. This is the so-called Edification Hypothesis. Anthony Savile sums up this view when he submits the thesis that literature has a unique power to make us understand the thoughts and feelings of other human beings. This ethical perspective on literature has been expressed since Greek Antiquity. 4 It will be remembered that Plato condemned literature precisely for this reason: because it diverts our attention from the real world, itself already an imperfect reflection of Pure Ideas. Aristotle rejects this view and develops a theory squarely opposed to that of his teacher. According to him, literature contributes to the elevation of mankind, to paideia. By showing us that which is possible, and by involving us in the inescapable passage of tragic events, readers and spectators are drawn into emotions of fear and compassion, emotions that lead to katharsis, a process that purifies us of megalomania (hubris), safeguarding democratic government and protecting us from unrestrained tyranny. 5The Aristotelian view that literature has an edifying effect had been generally present in Western tradition till about 1800. Until then literature was viewed almost universally as an ethical category. Consider, for instance, the self-evident way in which Richardson prefaces Pamela: “If to divert and entertain, and at the same time to instruct and improve the minds of the YOUTH of both sexes: If to inculcate religion and morality in so easy and agreeable a manner, as shall render them equally delightful and profitable: If to set forth in the most exemplary lights, the parental, the filial, and the social duties....” 6The embarrassment a modern reader may feel when confronted with such overt claims to morality is largely a product of the nineteenth century, when literature came to be seen as a predominantly aesthetic category, eluding all attempts at moral categorization. This movement has resulted in a liberation of literature from moralism. At the same time, it has created nontrivial difficulties in thinking about ethical and political issues, so... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Literature, Imagination, and Human RightsWillie van Peer“the poet’s function is to describe, not the thing that has happened, but a kind of thing that might happen”Aristotle: Poetics, 1451aAristotle’s dictum has been of vital importance to the development of literary theory, and its significance can still be felt today. It is the foundation of the distinction we make between journalism and literature, between history and fiction. (...) class='Hi'>Literature, Aristotle proposes, is about things that could happen, not about things that have taken place in reality. Literature is thus inscribed in the realm of the imagination. However, imagination does not operate in an epistemological vacuum. A fictional text entertaining no relation with the world would have no meaning. Perhaps giants, dragons and witches do not really exist, and perhaps it is not really possible to cover seven miles with each step of those wonderful boots that Tom Thumb discovered. But we have no difficulty in imagining those things, precisely because they entertain an intimate relationship with forms and things, events and actions that happen in daily life. The details of the relationship between reality and fiction are less important for the present argument than the fact that fiction is embedded in our pragmatic attitudes. 1 Ernst Bloch has given this human tendency a name: The Hope Principle. Our desire for a better world expresses itself in hope, a distinctive feature of the species Homo Sapiens. The importance of the imagination in the project of humanity has received eloquent and systematic treatment in the philosophical work of Hans Vaihinger and Helmuth Plessner. 2 Imagination also gives impetus to history, because it drives us toward the realization of aims and plans that initially lived only in our hearts and minds: “Someone dreaming never remains in the same place.” 3 [End Page 276]Similar things have been asserted about literature, by Horace, Sidney, Matthew Arnold, and others. Reading is supposed to make us better humans, heightening our awareness, increasing our sensibility, and thus indirectly guiding our actions toward the establishment of a better world. Sometimes noble motives are associated with this function. Reading literature, it is then assumed, makes the reader more socially tolerant, more perceptive about other humans, and more politically conscious. This is the so-called Edification Hypothesis. Anthony Savile sums up this view when he submits the thesis that literature has a unique power to make us understand the thoughts and feelings of other human beings. This ethical perspective on literature has been expressed since Greek Antiquity. 4 It will be remembered that Plato condemned literature precisely for this reason: because it diverts our attention from the real world, itself already an imperfect reflection of Pure Ideas. Aristotle rejects this view and develops a theory squarely opposed to that of his teacher. According to him, literature contributes to the elevation of mankind, to paideia. By showing us that which is possible, and by involving us in the inescapable passage of tragic events, readers and spectators are drawn into emotions of fear and compassion, emotions that lead to katharsis, a process that purifies us of megalomania (hubris), safeguarding democratic government and protecting us from unrestrained tyranny. 5The Aristotelian view that literature has an edifying effect had been generally present in Western tradition till about 1800. Until then literature was viewed almost universally as an ethical category. Consider, for instance, the self-evident way in which Richardson prefaces Pamela: “If to divert and entertain, and at the same time to instruct and improve the minds of the YOUTH of both sexes: If to inculcate religion and morality in so easy and agreeable a manner, as shall render them equally delightful and profitable: If to set forth in the most exemplary lights, the parental, the filial, and the social duties....” 6The embarrassment a modern reader may feel when confronted with such overt claims to morality is largely a product of the nineteenth century, when literature came to be seen as a predominantly aesthetic category, eluding all attempts at moral categorization. This movement has resulted in a liberation of literature from moralism. At the same time, it has created nontrivial difficulties in thinking about ethical and political issues, so... (shrink)

Over the years, companies have adopted hiring algorithms because they promise wider job candidate pools, lower recruitment costs and less human bias. Despite these promises, they also bring perils. Using them can inflict unintentional harms on individual human rights. These include the five human rights to work, equality and nondiscrimination, privacy, free expression and free association. Despite the human rights harms of hiring algorithms, the AI ethics literature has predominantly focused on abstract (...) ethical principles. This is problematic for two reasons. First, AI principles have been criticized for being vague and not actionable. Second, the use of vague ethical principles to discuss algorithmic risks does not provide any accountability. This lack of accountability creates an algorithmic accountability gap. Closing this gap is crucial because, without accountability, the use of hiring algorithms can lead to discrimination and unequal access to employment opportunities. This paper makes two contributions to the AI ethics literature. First, it frames the ethical risks of hiring algorithms using international human rights law as a universal standard for determining algorithmic accountability. Second, it evaluates four types of algorithmic impact assessments in terms of how effectively they address the five human rights of job applicants implicated in hiring algorithms. It determines which of the assessments can help companies audit their hiring algorithms and close the algorithmic accountability gap. (shrink)

In this “global information age” accessing, disseminating, and controlling information is an increasingly important aspect of human life. Often these interests are expressed in the language of human rights—e.g., rights to expression, privacy, and intellectual property. As the discipline concerned with, “Facilitating the effective communication of desired information between human generator and human user” (Belkin, 1975, 22), Library and Information Science (LIS) has a central role in facilitating communication about human rights and (...) ensuring the respect for human rights in information services and systems. This paper surveys the literature at the intersection of LIS and human rights. To begin, an overview of human rights conventions and an introduction to human rights theory is provided. Then the intersections between LIS and human rights are considered. Three central areas of informational human rights—communication, privacy, and intellectual property—are discussed in detail. It is argued that communication rights in particular serve as a central linchpin in the system of human rights. (shrink)

Resumen: El presente artículo presenta la interacción histórica entre el concepto de derecho al desarrollo del sistema político-jurídico internacional con las propuestas de la Doctrina Social de la Iglesia para el desarrollo de los pueblos. Los resultados de esta investigación ponen en evidencia las transformaciones conceptuales y políticas que ha sufrido el concepto de desarrollo, reflejadas en los adjetivos que se le añaden para expresar determinados énfasis. La variación no ha sido solamente de adjetivos sino también del tipo de instrumentos (...) normativos utilizados para promoverlo, quedando algo obsoleto el concepto de derecho al desarrollo. Actualmente, el fomento del desarrollo de los pueblos es dominado por el concepto de desarrollo sostenible, que ha sido acogido por la Iglesia. El artículo señala, finalmente, como todavía no han permeado significativamente en el discurso eclesial oficial (ni en el teológico) las tendencias presentes en la literatura académica que cuestionan la idea misma del desarrollo como un proceso indefinido de crecimiento, dado que los recursos del planeta son limitados. Se trata de un debate en ciernes pero que ciertamente será progresivamente más relevante, exigiendo nuevas transformaciones del discurso eclesial. Abstract: This paper expounds the history of the interaction between the concept of right to development as it is understood in international politics and law with the statements of the Catholic Social Teaching about development. The results of this research show the different conceptual transformations of development throughout the second half of the 20th century and early 21st century, expressed in the use of different adjectives that qualify development to stress different perspectives. There has been variation not only in the adjectives but also in the legal instruments used to promote development, that had led to a relative obsolescence of the concept of right to development. Presently, sustainable development is the key concept that vehicles the thrust of the promotion of development in the international system and it has also made its way to official Church teaching. The article finally underlines how recent questioning of the very concept of development in recent academic literature, which show the limits of the growth paradigm due to ecological planetary limits, have not been duly discussed in official statements and catholic theology. This is an emerging debate, but it is gaining momentum and will surely require discussion in catholic approaches to the problem of development. (shrink)

The current legal and political practice of human rights invokes entitlements to freely chosen work, to decent working conditions, and to form and join labor unions. Despite the importance of these rights, they remain under-explored in the philosophical literature on human rights. This article offers a systematic and constructive discussion of them. First, it surveys the content and current relevance of the labor rights stated in the most important documents of the human (...) rights practice. Second, it gives a moral defense of these rights arguing that their support involves an appropriate response to important human interests and to the human dignity of workers. Finally, it explores central normative issues about the relation between labor rights and human dignity. It responds to some objections about the importance of work, explains why labor human rights may not exhaust the demands of dignity regarding labor and arbitrates a common tension between independence and solidarity within our practical affirmation of human dignity. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative (...) and policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

In the following lines the symbolic oppression founded on binary hierarchies that exist inside the framework of the European Convention for the Protection of Human Rights and Basic Freedoms will be presented. In those binary oppositions opposed terms are not equally valued. One of these terms is dominant, while the other is subordinated and mostly defined only as the first term’s other. This symbolic oppression creates various forms of discrimination. This paper argues that this problem can be resolved (...) by deliberative democracy. Effective deliberation leads to more informed public sphere which is capable to embrace otherness and diversity. (shrink)

A. Belden Fields invites people to think more deeply about human rights in this book in an attempt to overcome many of the traditional arguments in the human rights literature. He argues that human rights should be reconceptualized in a holistic way to combine philosophical, historical, and empirical-practical dimensions. Human rights are viewed not as a set of universal abstractions but rather as a set of past and ongoing social practices rooted (...) in the claims and struggles of peoples against what they consider to be political, economic, or social domination. By aptly showing how a people’s fight for recognition is often closely tied to rights claims, Fields argues that these connections to identity can help bridge the gulf between universalistic and cultural relativistic arguments in the human rights debate. (shrink)

The authors analyze the impact of human rights conditions on foreign direct investment (FDI). Extant literature in this area raises conflicting expectations. Although the “conventional wisdom” posits that repression creates a stable, compliant, and relatively inexpensive host for FDI, there are contending arguments that the protection of human rights reduces risk and contributes toward economic efficiency and effectiveness. Moreover, the burgeoning “spotlight” regime may also punish firms who locate in repressive regimes. Conceptualizing FDI as a (...) two-part process—the initial decision to invest and the subsequent decision of investment amount—the authors assess human rights as a determinant of FDI. Using a two-stage model, they test their hypotheses across developing countries for the years 1980 to 2003. They find that human rights are a significant determinant of the amount of FDI inflows. (shrink)

For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as eviction from ancestral homeland, diffusion in all aspects and reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination (...) in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution. (shrink)

This paper presents human rights in connection with the dispute between legal positivism and legal non-positivism. The importance of this topic can be evaluated by the debate that took place between Hart and Dworkin. Indeed, much of Dworkin’s work can be considered a reaction to Hart’s positivism. The presented study argues for the defense of the thesis that in order to understand such a debate it is important to take a position between moral noncognitivism and moral cognitivism. The (...) hypothesis is that legal positivism does depend on the non plausibility of strong moral cognitivism. Therefore, only based on strong moral cognitivism would it be consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Human rights are in the center of this debate because they constitute the core of the current morality, especially the most important core of justice. (shrink)

What are human rights? What makes a particular human rights claim ‘genuine’ or ‘valid’? These are difficult questions with which current philosophical literature on human rights is concerned. They are also the same kind of questions that legal philosophers asked about Law throughout the 20th century. Drawing from the similarities between the two fields, I attempt to do with the concept of human rights something similar to what Ronald Dworkin accomplished with (...) that of Law in Law’s Empire. First, I offer a critique of the two dominant perspectives on human rights—the Orthodox and Political views—that is similar in character to Dworkin’s Semantic Sting objection to Legal Positivism. Second, I sketch an alternative, Dworkinian-inspired framework that seeks to develop the notion of human rights as an interpretive concept. According to this framework, different accounts of human rights are to be understood as expressing different interpretations of the point (or purpose) of human rights practice. (shrink)

The drive for recognition, I argue here, is a normative claim inherent in the many polysemic uses of human rights around the world. By critically re-reading Axel Honneth's theory of recognition with the anthropological literature on human rights, I wish to observe how conceptions of universal dignity and personhood are present in culturally situated struggles for political participation. This is neither the vernacularisation of canonical liberal ideas nor their careless strategic deployment in local contexts. On (...) the other hand, actors on the margins speak the idiom of human rights to produce a contingent sense of self that is nevertheless universal in its ambition. In line with Honneth, I divide the ethnographic cases I consider into the institutional spheres of love, legality and solidarity to imagine three qualitatively different praxes of recognition. It is time to move beyond the dated universalism-versus-relativism debate. By shifting the focus to recognition, I hope to design an alternative theoretical scaffolding of human rights that makes sense of why the disenfranchised still use it, wherever and whenever they do, despite its persistent failures. (shrink)

This article examines strategies used by human rights advocates to lobby for policy at intergovernmental organizations. We suggest that the literatures’ central questions are about how best to organize, connect, and communicate, which are usually seen through theory on transnational advocacy networks and framing. We add that these questions should be seen as gendered, given the continued male dominance within diplomatic corps. With unusual access to their strategy, we conduct a case study of one advocate’s successful campaign to (...) get the United Nations to adopt a country-specific resolution. Like others, we found this campaigning relies upon the use of networks to overcome formal obstacles to access, human rights language to frame the problem, analysis of tally sheets of member states’ voting, and in-person lobbying. We also point out strategies key to their success that are not usually noticed by scholars, such as the gendered dynamics that get advocates in the door. (shrink)

Background and Objectives People living with dementia have historically been excluded from qualitative research and their voices ignored due to the perception that a person with dementia is not able to express their opinions, preferences and feelings. Research institutions and organizations have contributed by adopting a paternalistic posture of overprotection. Furthermore, traditional research methods have proven to be exclusionary towards this group. The objective of this paper is to address the issue of inclusion of people with dementia in research and (...) provide an evidence-based framework for dementia researchers based on the five principles of human rights: Participation, Accountability, Non-discrimination and equality, Empowerment and Legality (PANEL). Design This paper adapts the PANEL principles to the research context, and uses evidence from the literature to create a framework for qualitative research in people with dementia. This new framework aims to guide dementia researchers in designing studies around the needs of people with dementia, to improve involvement and participation, facilitate research development and maximize research outcomes. Results A checklist is presented with questions related to the five PANEL principles. These questions cover ethical, methodological and legal issues that researchers may need to consider while developing qualitative research for people with dementia. Conclusions The proposed checklist offers a series of questions and considerations to facilitate the development of qualitative research in patients with dementia. It is inspired by current human rights work of recognized dementia researchers and organizations who have been directly involved in policy development. Future studies need to explore its utility in improving participation, facilitating ethics approvals and ensuring that outcomes are relevant to people with dementia. (shrink)

The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations’ Declaration of Human (...) class='Hi'>Rights developed with little or no consultation from non-Western nations such as India. In response, there has developed an extensive literature and cross-cultural analysis of human rights in the areas of African, East-Asian, and Islamic studies, yet there is a comparative dearth of conceptual research relating to India. As problematically, there is an lacuna in the previous literature; it simply stops short at analyzing how Western understandings of human rights may be supported from within various non-Western cultural self-understandings; yet, surely, there is more to this issue. The chapters in this collection pioneer a distinct approach that takes such deliberation to a further level by examining what it is that the West itself may have to learn from various Indian articulations of human rights as well. (shrink)

All people have human rights and, intuitively, there is a close connection between human rights, needs, and autonomy. The two main theories about the natureand value of human rights often fail to account for this connection. Interest theories, on which rights protect individuals’ important interests, usually fail to capturethe close relationship between human rights and autonomy; autonomy is not constitutive of the interests human rights protect. Will theories, on which (...) human rights protect individuals’ autonomy, cannot explain why the nonautonomous have a human right to meet their needs. This paper argues that it is possible to account for the close connection between human rights, needs, and autonomy if human rights at least protect individuals’ ability to live minimally good lives. It argues that people need whatever will enable them to live such lives and autonomy is partly constitutive of such a life. This argument also has importantimplications for some other key debates in the human rights literature. (shrink)

Is there a human right to health? If so, what are its grounds? Can a legal or moral human right to health provide any practical guidance when it comes to making decisions about, for instance, the allocation of scarce health resources? There are many possible answers to these questions in the literature. This article surveys some of these replies. First, however, it examines the distinctions between legal and moral human rights and rights to health (...) vs. health care. It then surveys the literature on potential grounds for a moral human right to health. It concludes by considering replies to several common objections to the existence of a human right to health. (shrink)

Many theorists understand human rights as only aiming to secure a minimally decent existence, rather than a positively good or flourishing life. Some of the theoretical considerations that support this minimalist view have been mapped out in the philosophical literature. The aim of this paper is to explain how a relatively neglected theoretical desideratum – namely, determinacy – can be invoked in arguing for human rights minimalism. Most of us want a theory of human (...) rights whose demands can be realized, and which is acceptable to a range of worldviews. But we might also expect our theory to provide determinate answers to questions of scope (i.e. which putative rights are bona fide human rights?) and practical implementation (i.e. what concrete duties are generated by which rights?). A minimalist view of human rights makes it is easier to jointly fulfil all of these desiderata. (shrink)

It is commonly claimed, in the global justice literature, that global injustices are best characterised in terms of the violation or unfulfilment of human rights. I suggest that global justice theorists are overconfident on this point. For decolonising peoples, contemporary global injustice is likely to be characterised in terms drawn from local histories of injustice and the constellations of thick ethical concepts they contain. To make the point I describe how the Māori of New Zealand, who do (...) not reject human rights, typically make no reference to human rights in political argument. I argue that the Māori are reasonable to consider human rights talk to be ‘one thought too many’, and the considerations that make this so typically apply in other postcolonial contexts of political activity. (shrink)

A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, on the political view, what makes (...) states primary bearers of human-rights duties is their possession of both (i) the capacity to fulfill human right and (ii) what I call the ‘authority-plus-sovereignty package’. Building on the existing literature on the moral responsibilities of TNCs, I argue that some TNCs—especially in areas of weak governance—meet these two conditions. I thus conclude that they count as bearers of primary human-rights responsibilities even from within a political perspective on human rights. (shrink)

There have been a number of attacks on the idea of human rights recently, both in the course of political and diplomatic encounters across the globe, as well as in the more systematic literature of political philosophy. These attacks do not always distinguish between the Lockean, negative and the more recent positive rights traditions. For example, at the 1993 summer conference on Human Rights in Vienna, Austria, many diplomats from different regions of the world (...) raised such questions as 'When we speak of human rights, are these conditions that everyone everywhere ought to enjoy?’Is it perhaps the case that human rights are one thing for people in one part of the globe and another for those in another part?' These questions were raised in large part about the rights spelled out in the United Nations Declaration of Universal Human Rights, including both negative and positive rights–e.g., the rights to freedom of expression and to public education, respectively. (shrink)

The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology (...) enables access to the human mind for research, treatment and other purposes. This enabling feature is now a growing concern. In the field of human rights, this human-science–technology interface is leading to articulation of new human rights to safeguard against modern threats. The wider usage of expressions like neurolaw and mental autonomy reflects on the emerging field of standards to protect the human mind from interference, manipulation and control. Growing literature on the subject sheds light on the human-rights-based approach to the challenge. (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)

Notwithstanding universities’ many laudable aims, incidents of serious bullying, academic harassment and sexual harassment in academic settings are reported with increasing regularity globally. However, the human rights violations involved in bullying and academic harassment have not received attention by the literature. In this article, we pierce the veil of silence surrounding university environments and provide a systematic account of the breaches of international and European human rights law involved in academic bullying and harassment. By adopting (...) a socio-legal lens, we shed light onto such practices and tactics, the breaches of specific human rights and norms and the reluctance of states and regulators to intervene in what is perceived to be universities’ ‘sovereign’ sphere of jurisdiction in order to prevent human rights’ violations and to protect the victims of human rights abuse. We call for a multi-faceted and multi-agency approach to tackle academic bullying and harassment, and make a number of institutional and policy recommendations to ensure universities’ compliance with human rights standards and the effective protection of academics under attack. (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 (...) 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)

This article demonstrates how critical realism can resolve persistent theoretical debates in the human rights literature. Critical realism is a philosophy of science that proposes a complex ontological framework to study causal relations. Methodological and theoretical decisions in research are always premised on some ontological presumption whether they are explicitly stated or not. However, much of the social sciences follow the discipline’s empiricist orthodoxy which often dismisses ontological inquiry. As a consequence, theoretical and methodological debates persist without (...) scholars recognizing how they reflect deeper ontological differences. I argue that this is the case with human rights research and demonstrate how critical realism can resolve tensions between universalism and relativism. Critical realism proposes that social relations resolve across multiple ontological levels. This ontological framework can illustrate how universal structures on one level can generate diverse human rights standards on another level relative to the cultural conditions that bring them about. (shrink)

Some foundations have been provided for the social validity of human rights in Western philosophical literature. Some African scholars have also sought to ground the notion of human rights within the traditional African cultural beliefs and practices. There is, however, a dearth in literature on the Yoruba notion of human rights. Perhaps this may be due to scholars’ attitude that any talk about human rights is incompatible with the communalistic social (...) structure of the Yoruba. The present paper challenges this prevalent attitude by providing some philosophical foundations for human rights within the limits permitted by the Yoruba world-view. The paper attempts a theoretical reconciliation between the Yoruba claim to communitarianism and the possibility of human rights. The paper concludes that, in spite of the seemingly antinomic relation they bear to each other, the idea of human rights is neither practically meaningless/unintelligible in a communitarian society, nor is it conceptually incompatible with the communitarian ideology. Keywords: Philosophical foundations, Human, Rights, Communitarianism, Yoruba. (shrink)

Philosophical interest in disability is rapidly expanding. Philosophers are beginning to grasp the complexity of disability--as a category, with respect to well-being and as a marker of identity. However, the philosophical literature on justice and human rights has often been limited in scope and somewhat abstract. Not enough sustained attention has been paid to the concrete claims made by people with disabilities, concerning their human rights, their legal entitlements and their access to important goods, services (...) and resources. This book discusses how effectively philosophical approaches to distributive justice and human rights can support these concrete claims. It argues that these approaches often fail to lend clear support to common disability demands, revealing both the limitations of existing philosophical theories and the inflated nature of some of these demands. Moving beyond entitlements, the author also develops a unique conception of dignity, which she argues illuminates the specific indignities experienced by people with disabilities in the allocation of goods, in the common experience of discrimination and in a wide range of interpersonal interactions. Disability with Dignity offers an accessible and extended philosophical discussion of disability, justice and human rights. It provides a comprehensive assessment of the benefits and pitfalls of theories of human rights and justice for advancing justice for the disabled. It brings the moral importance of dignity to the centre, arguing that justice must be pursued in a way that preserves and promotes the dignity of people with disabilities. (shrink)

The central question I address is whether the inclusion of a right to subsistence among human rights can be justified. The human right to subsistence is conventionally interpreted as a fundamental right to a basic living standard characterized as having access to the material means for subsistence. It is widely thought to entail duties of protection against deprivation and duties of assistance in acquiring access to the material means for subsistence. The inclusion of a right to subsistence (...) among human rights interpreted in this way has been met with considerable resistance, particularly on the part of those who argue that fundamental rights cannot entail positive duties. My purpose in this dissertation is to consider whether a plausible interpretation of the human right to subsistence can succeed in overcoming the most forceful and persistent objections to it. My main thesis is that a minimal interpretation of the human right to subsistence according to which it is a right not to be deprived of access to the means for subsistence provides the strongest interpretation of this right. Although the idea that the human right to subsistence correlates with negative duties is not new, discussion of these duties has been overshadowed in the literature by debate over the positive duties conventionally thought to be entailed by it. I show that the human right to subsistence interpreted as a right not to be deprived of access to the means for subsistence makes an important contribution to reasoning about the normative implications of global poverty. (shrink)

The debate on Islam and human rights is roughly 50 years old. During this time a vast literature has been produced analyzing the relationship between the religion of Islam, Muslims societies and international human rights norms. What have we learned during this time that can further an understanding of this topic among students, scholars and members of the general public? What analytical framework is optimal? Is the crisis of human rights in Muslims societies (...) a function of internal conditions, external factors or are they to be located within the framework of Islamic doctrine, traditions, the shariah in particular? This article grapples with these questions by looking back over the past five decades. The objective of this essay is to advance an objective framework of analysis for understanding the debate on Islam and human rights. A historical and comparative approach is adopted. Key moments that have shaped the debate on Islam and human rights are recalled. Significant political developments that have shaped the contours of the debate are examined such as the legacy of colonialism, the rise of political Islam, the role of Western policy and the failure of the post-colonial state in the Arab-Islamic world. The contributions of influential scholars and activists who have advanced the struggle for human rights in Muslims societies are also recognized in this article. (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)

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 study investigates the antecedents of human rights infringements by emerging market firms. We used fuzzy set qualitative comparative analysis to examine HRIs in 245 firms based in eight emerging markets, between 2003 and 2012. Our findings disclose three equifinal configurations of high levels of HRIs, all involving EFs that have expanded to a high number of foreign markets: large, old, low performing state-owned enterprises operating in high quality institutions’ home and host markets, small, young, over-performing EFs operating (...) in low quality institutions’ home and host markets, and finally large, old, high performing SOEs, operating in low quality institutions’ home and host markets. We contribute to the literature by examining a novel dataset on HRIs by EFs, and by building a configurational explanation of HRIs that bridges the arguments of the institutional theory and strain theory literatures on corporate wrongdoing. (shrink)

There is a puzzling disconnect between recent philosophical literature on equality and the modern theory and practice of human rights. This disconnect is puzzling because the modern human rights movement is arguably the most salient and powerful manifestation of the commitment to equality in our time. One likely source of this disconnect is the tendency of contributors to the philosophical literature on equality to focus on justice within the state, considered in isolation. This article (...) begins the task of connection. Section II outlines a philosophical conception of human rights, the Modest Objectivist View, according to which the list of human rights is grounded in descriptive and normative egalitarian assumptions about what is required to help ensure that every individual has the opportunity for a minimally good or decent human life. Next, I explore the resources of the Modest Objectivist View for rationally reconstructing the conventional conception of human rights. Section III examines challenges to the Modest Objectivist View’s egalitarian assumptions. Section IV explores the question of whether the minimal egalitarianism of the Modest Objectivist View is compatible with the more robust egalitarianisms advanced in recent philosophical literature. I conclude that the minimalist egalitarianism of human rights is compatible with more robust egalitarian principles, once we understand the distinctive function of human rights as standards of transnational justice. Key Words: basic interests • decent human life • egalitarianism • equality • minimally good life • Modest Objectivist View • minimalism • opportunity for a decent life • transnational justice. (shrink)

Despite intensive work by human rights organizations to garner global condemnation of torture, in the years since the atrocities of Abu Ghraib and Guantanamo Bay were exposed, support in the United States for the use of torture has increased, and torture also attracts significant support in many other countries. This paper seeks to understand the affective work that the ‘ticking time bomb scenario’ and its imagined dramatization does in shaping how torture is understood. The literature is replete (...) with debates over whether the scenario distorts or accurately describes the actual circumstances in which decisions about torture occur, and the moral criteria that ought to be brought to the decision-making process. In describing the scenario as a “thought experiment,” however, these analyses obscure the work that this imagined scene does in shaping how people evaluate the use of torture – work that takes place at the affective and somatic levels. Induced into a process of racially inflected and affectively laden identifications and aversions, the paper suggests that the “subjects” of this thought experiment do very little thinking and thus fact-based or logical counter-arguments are of little use in shifting evaluations of torture. Rather, we need to understand the affective work that somatically grounded stories do in normalizing and inducing subjects to embrace torture. The paper is particularly interested in how imagined scenarios can be used to institute affects that freeze and immobilize, and how we might construct other narratives to encourage more dynamic and fluid forms of affective experience and identification. Exploring the link between narratives and more dynamic affects may offer more productive strategies for encouraging people to shift positions as they confront new evidence and encounter other experiences and bodies. (shrink)

Having followed the literature on genocide since the beginning of 1990s I have been often struck that academic writing on genocide is very much like non-professional pursuits in youth sports: anything is considered 'a good try'. The French have a good phrase for what I mean here: n'importe quoi. Works exhibiting no sound methodology, replete with irrational claims without factual basis and beliefs about foreigners adopted on faith limited only by a 'the worse the better' criterion of plausibility dominate (...) the literature on genocide. My only consolation in confronting this literature has been that philosophers, for the most part, had not been the ones taking part in this orgy of nonsense. The book Genocide and Human Rights takes even that solace away as it purports to be 'a philosophical guide' to genocide. (shrink)

This paper aims, firstly, to bridge debates on human rights and Transnational Corporations within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is (...) argued that positive duties cannot be assigned to TNCs because their bindingness cannot be grounded in moral theory. A positive argument is introduced to interpret TNCs’ human rights duties as corresponding to virtues rather than rights. Though such duties are indeterminate regarding what constitutes adequate performance, they can be made more determinate through legal instruments outside of positive human rights law. An approach is introduced exemplifying how such approaches can achieve the end of TNCs compliance with human rights norms. (shrink)

The SARS-CoV-2 (COVID-19) pandemic has caused social and economic devastation. As the milestone of two years of ‘living with the virus’ approaches, governments and businesses are attempting to develop means of reopening society whilst still protecting public health. However, developing interventions – particularly technological interventions – that find a safe, socially acceptable, and ethically justifiable balance between these two seemingly opposing demands is extremely challenging. There is no one right solution, but the current most popular ‘solution’ is the so-called ‘COVID-19 (...) Vaccine Passport’ (also known as COVID-19 passes or certificates), the use of which may be supported by both human rights and international public health law if they are designed and implemented appropriately. (We use the term ‘Vaccine Passport’ because it has been adopted by the popular press. Though it has been used in many ways, here we use it generically to refer to a document that certifies that an individual has been vaccinated against COVID-19 and on that basis grants the bearer more liberties than to those who have not been vaccinated. Later, we will discuss why it is necessary to move beyond considering only vaccinations, which informs our preferred term of ‘COVID-19 Status Pass’.) We set out to answer the following questions: how should governments and businesses assess the risks in light of human rights, public health ethics, and digital ethics concerns which emerge from developing and deploying COVID-19 Vaccine Passports? What design decisions should businesses make when developing COVID-19 Vaccine Passports to help ensure they respect human rights, and both public health and digital ethics? Do the implications for human rights, public health, and digital ethics vary depending on where and when COVID-19 Vaccine Passports are used? What are the rights and powers of the individual to object to or seek remedy for the use of COVID-19 Vaccine Passports? How can the risks of inequalities and social division derived from the deployment of COVID-19 Vaccine Passports be avoided or mitigated? We conducted a literature review and documentary analysis, supplementing our findings with news articles where appropriate. The following pages report our results, concluding with a series of actionable recommendations for businesses, national governments, and supranational organisations. (shrink)

This paper is an attempt to provide an adequate theoretical framework to understand the biological basis of human rights. We argue that the skepticism about human rights is increasing especially among the most rational, innovative and productive community of intellectuals belonging to the applied sciences. By using examples of embryonic stem cell research, a clash between applied scientists and legal scientists cum human rights activists has been highlighted. After an extensive literature review, this (...) paper concludes that the advances in applied sciences proven by empirical evidence should not be restricted by normative theories and philosophies of the social sciences. If we agree on these premises that Human Rights are biological, then biology can provide a framework of cooperation for social and applied scientists. (shrink)

It is now commonplace in many jurisdictions for judges to refer to the decisions of the courts of foreign jurisdictions when interpreting domestic human rights guarantees. But there has also been a persistent undercurrent of scepticism about this trend, and the emergence of a growing debate about its appropriateness. This issue is of particular relevance in jurisdictions that have relatively recently incorporated human rights provisions that are significantly judicially enforced. In the UK, a reconsideration of the (...) use of comparative judicial decisions in human rights cases is therefore particularly timely. The interpretation of the Human Rights Act 1998 will bring with it the issue of how far British courts will (and/or should) use jurisprudence from other countries in order to help in arriving at decisions on the interpretation of the Act. This article raises for debate, therefore, the meaning and significance of national judges» citation of judgments from other jurisdictions as part of their reasoning in cases with a significant human (or constitutional) rights aspect. Several questions are identified and explored in an attempt to consider various aspects of the general phenomenon. These include empirical questions (how far does it happen, and where?), jurisprudential questions (can we identify criteria that help explain why it does or does not happen?), and normative questions (is it legitimate?). A review of the existing literature is undertaken with a view to determining how far scholars have succeeded in answering these questions. The article concludes that significant gaps exist in our understanding of the phenomenon and raises for discussion the methodologies that may be appropriate for addressing the phenomenon in the future. (shrink)

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

The 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)

When should we expect compliance with international human rights norms? Previous literature on the causal mechanisms underlying compliance have focused independently on the roles of state willingness, thought of as the preferences of the regime leadership, and on state capacity, in improving human rights practices within a state. We build an argument that neither of these factors are sufficient on their own to improve compliance with human rights norms. Instead, improved human (...) class='Hi'>rights practices require both “the will and the way.” Our central hypothesis is that capacities and willingness, acting jointly, are key determinants of improvements in compliance with international human rights norms. The paper confirms this proposition using two-staged and single-stage regression models and a time-series cross-sectional approach at the country-year level. A highly capable bureaucracy and a state that has signaled its willingness through the acceptance of individual complaint and inquiry procedures in the UN treaty regime are jointly necessary for improved human rights practices. (shrink)

A rich literature examines human rights treaty commitment and compliance. A subset of this literature has begun to examine the international legal actions states make following treaty ratification. I argue that the ways that states legally engage with treaties following commitment to UN human rights treaties is much more nuanced and differentiated than scholars have thus far presented via Reservation, Understanding, and Declaration. I introduce a first descriptive analysis of what I term Post-Commitment Actions (...) to UN human rights treaties and generate varying hypotheses of why different PCAs have different relationships with expected human rights practices. I conduct a preliminary statistical analysis of the effect of PCAs on human rights practices and find that they are varied and important. Some PCAs result in improved human rights, while others result in worse human rights. I conclude by calling for further future study into these treaty actions. (shrink)

Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human (...) interests or capacities they are supposed to protect, what they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

This article presents findings from an interview study of human rights practitioners who assist relatives of the disappeared from Chechnya with their complaints before the European Court of Human Rights (ECtHR). These practitioners work for nongovernmental organizations (NGOs). The study contributes to the scant literature on NGO litigation before the ECtHR and to the social scientific literature on how human rights are actively practiced. It investigates the NGOs’ intermediary position between the ECtHR (...) and the relatives of the disappeared in Chechnya. Consequently, this article asserts that a significant aspect of this position lies in the practitioner’s capacity to mediate between an ambition to externalize local grievances to the ECtHR and the relatives’ hopes that the ECtHR can bring certainty to the uncertain loss of their disappeared relatives. From this position, several dilemmas emerge as to how international legal mechanisms can provide remedies following disappearances. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the (...) specification of act-types, the second concerns the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)