This revised and extended edition explains and defends the conception of human rights found in the Universal Declaration of Human Rights (1948) and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified. Chapters: 1. The Contemporary Idea of Human Rights; 2. Human Rights as Rights; 3. Making Sense of Human Rights; (...) 4. Starting Points for Justifying Human Rights; 5. A Framework for Justifying Specific Rights; 6. The List Question; 7. Due Process Rights and Terrorist Emergencies; 8. Economic Liberties as Fundamental Freedoms; 9. Social Rights as Human Rights; 10. Minority Rights; 11. Eight Responses to the Relativist; 12. The Good Sense in Human Rights. (shrink)

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

This paper theorizes that the effect of human rights violations on US economic aid is conditioned by the salience of US national security concerns. National security concerns will be more salient in situations where recipients contribute to maintaining US security and in temporal eras when the USA is perceived as being under increased external threat. As the relational and temporal salience of national security increases, any negative effect of human rights violations on US economic aid should (...) decrease. I test this hypothesis by examining US economic aid allocations to states from 1977 to 2005. The results show that the salience of national security concerns present in the US-recipient relationship does condition the relationship between human rights violations and US economic aid. There are also significant differences between different temporal eras of US foreign aid allocation. Future work should address how conflicts between interests and values in US foreign policy are negotiated. (shrink)

What is the relationship between impunity and economic and social rights? A substantiated expectation of impunity encourages the commission of acts that violate human rights. Using a logistic-multinomial regression model, we find that impunity affects per capita GDP, years of schooling, and life expectancy. An unexpected finding was that different civil and political rights systems, as diverse as those of Norway and Singapore, have similar impacts on both impunity and economic and social rights. Nonetheless, (...) we need to focus on holistic models that strive for protection of all human rights. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights (...) are among the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (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)

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)

While fundamental individual rights are unquestionably taken as subjective rights, the same does not happen with fundamental social rights (health, education, work and housing – all of them guided by the idea of human dignity). If they are subjective rights, they are justiciable. The main argument in favor of this understanding is based on liberty. The main argument against is the so called formal argument. In relation to the pro argument, liberty can be juridical or factual. Juridical liberty (...) has no value without factual liberty, because the right to liberty is only put into practice if one has the factual preconditions for its exercise. The argument against is that their justiciability displaces the competence of the elaboration of public politics from Legislative and Executive to Judiciary Power, what violates the principles of separation of powers and democracy. In fact, they are subjective rights, but special ones: they are prima facie subjective rights, so that their rules present exceeding content and the determination of the definitive right is only possible in the concrete case. There is only one subjective right that is a priori considered definitive: the right to Existenzminimum. Its content is not settled, but it is quite unequivocal that the rights to simple housing, fundamental education and minimum level of medical assistance are part of it. So Existenzminimum represents what is essential to assure human dignity. It is then related to the minimum necessary for factual liberty. Against the justiciability of fundamental social rights, besides the arguments referred above, the following ones have also arisen: (a) Juridification of politics; (b) Legal permission of administrative discretion; (c) Possible reserve clause. These are the counter-arguments: (a) Legislative and Executive Powers have the original competence, but Judiciary has the exceptional one; (b) It is not enough to state economical incapability of the State. It is necessary to prove it objectively; (c) Powers have discretion, but State’s will is not allowed; (d) Public administration is under the principles of legality and of non-obviation of Judiciary jurisdiction; (e) The Existenzminimun guarantee is untouchable, prevailing over any opposite allegation. (shrink)

Does economic globalization create a “race to the bottom” or a “race to the top” in labor rights practices? Despite significant research on the possible impact of economic globalization on labor conditions, little consensus exists as to whether and what forms of economic openness might help or undermine labor rights. In this study, we illustrate the significance of considering the two distinct processes of de facto and de jure globalization. We argue that whereas de facto globalization in (...) the form of trade and financial transactions is likely to result in worse labor rights practices, de jure globalization that entails regulations to facilitate these transactions is likely to have a positive effect on labor conditions. Combining time-series, cross-national data on labor rights with data on economic globalization, we find significant evidence of the divergent effects of de facto and de jure globalization on labor rights practices. Results also indicate that the labor rights effects of de facto and de jure globalization are stronger for trade than financial globalization. We further show that the effects of economic globalization apply to both collective and substantive labor rights practices. (shrink)

Roma communities across Europe still remain a neglected population group by way of the social and economic disadvantage that largely characterizes their lives. Roma communities continue to experience structural socioeconomic health inequalities on the grounds of their ethnic origin, alarmingly unveiling a pattern of systematic discrimination and ethnic marginalization. Without any doubt, such a highly worrying situation calls for States to incorporate Roma health rights within their law and policy agendas in a manner consistent with right to health (...) requirements. Against this background, this paper seeks to identify an operational human rights framework for States as a driver for better informed policies and implementation as well as for Roma engagement in the deliberations about their life prospects. The paper argues that continuing, concerted, and proactive State engagement is required for effectively addressing the structural obstacles impeding Roma socioeconomic health rights realization and maximizing Roma opportunities for well-being. (shrink)

The paper clarifies first a critical understanding of “progress”. Progress implies a development for the better, the comprehensive definition of which must be a conception of justice if progress is to justify global developments and political rule. Therefore a somewhat minimal but complex definition of “human rights justice”, as formulated in the international human rights pacts since 1948, is explained. Through this, the different but systematically interrelated human rights (liberty rights, justice rights, political rights, (...) class='Hi'>economic, cultural and social rights) can allow for reflected and more comprehensive assessments of progress in different areas of development. But it is also necessary to integrate the specific progress developments into a comprehensive conception of human rights justice, the precise definition of which requires not only the observance of social but ultimately of all human rights, and in particular political participation rights. In the final section some problems of this approach will be discussed. (shrink)

Communism lost the Cold War, not to pure free market capitalism, but to a range of diverse economic systems based onvarying degrees and forms of social regulation of the market. Such social regulation was possible because both polities and economies were primarily national. Since the end of the Cold War, there has been rapid globalization of the economy, but not of effective social regulation. Incipient global political institutions are too weak to regulate global corporate power, (...) while national governments no longer have sufficient reach to regulate large multinationals. Corporate self-regulation has begun, but only haltingly and mostly ineffectively.While global prosperity has risen dramatically in recent decades, not everyone has progressed since the end of the Cold War. Since 1990 some 55 countries have had declining per capita incomes, while inequality has risen within and between countries. It is too soon to say whether global capitalism will be saved from itself by regulation, just as American national capitalism may have been saved by the New Deal reforms it opposed. As Pope John Paul II has warned, the world must not succumb to a "radical capitalist ideology" which "blindly entrusts" social problems to market forces. (shrink)

Human rights are a construct of international law. Their legitimacy depends on them being informed by the deep-seated fact of global cultural pluralism and the concern of establishing a system that recognizes this pluralism, transcends a narrow parochial perspective and thus avoids the accusation of cultural or moral colonialism. There are two broad strategies to do this: by invoking an individualist-moral conception of HR designed to promote well-being and by invoking a social-political conception of HR aimed at (...) preserving world peace and stability. Economic rights are rights to commodify—to sell one’s labor, to buy goods and services and so on—under fair terms. That is to say, to take part in economic activities such as production and consumption within a distinctive social form by which they are mediated through exchange. I argue that endorsing rights of commodification is incompatible with a genuine concern with parochialism. Economic rights are neither necessary to protect some natural interest shared by all humans, nor the stability of a peaceful world order. Hence, economic rights should not be considered human rights. (shrink)

This chapter contains sections titled: The Vance Conception of Economic and Social Rights Justifying Economic and Social Rights Implementing Economic and Social Rights The Widespread Acceptance of Economic and Social Rights Note References.

An emerging body of literature has highlighted a gap in our understanding of the extent to which the salience attached to human rights is likely to influence the extent to which an individual takes account of Corporate Social Responsibility in decision making. The primary aim of this study is to begin to address this gap by understanding how individuals attribute different emphasis on specific aspects of human rights when making decisions to purchase, work, invest or support the (...) community operations for socially responsible organisations. In order to achieve this objective, a survey instrument was administered to professionals in Russia and Bulgaria. Our data indicate that there is a significant correlation between individuals’ sensitivity towards different components of human rights and their perceptions of the importance of CSR in decision making. Specifically, the recognition of political rights was strongly associated with the willingness to purchase, invest, seek employment and support socially responsible firms. Our analysis also outlines significant differences between the Russian and the Bulgarian samples with regard to the manners in which individuals rate the importance of civil, political and economic human rights. (shrink)

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

This book takes a distinctive and innovative approach to a relatively under-explored question, namely: Why do we have human rights? Much political discourse simply proceeds from the idea that humans have rights because they are human without seriously interrogating this notion. Egalitarian Rights Recognition offers an account of how human rights are created and how they may be seen to be legitimate: rights are created through social recognition. By combining readings of 19th Century English philosopher (...) T.H. Green with 20th Century political theorist Hannah Arendt, the author constructs a new theory of the social recognition of rights. He challenges both the standard ‘natural rights’ approach and also the main accounts of the social recognition of rights which tend to portray social recognition as settled norms or established ways of acting. In contrast, Hann puts forward a 10-point account of the dynamic and contingent social recognition of human rights, which emphasises the importance of meaningful socio-economic equality. (shrink)

This book provides a critical account of the main controversies involving Norman Geras, one of the key modern political thinkers. It moves from his youthful Trotskyism on to his book on Rosa Luxemburg, then his classic account of Marx and human nature, and his highly regarded discussion of Marx and justice. Following this, Geras tried to elaborate a Marxist theory of justice, which involved taking on-board aspects of liberalism. Next he attacked the post modernism of Laclau and Mouffe (...) and criticised Rorty’s pragmatism, and then elaborated a contract of mutual indifference from a detailed study of the Holocaust. Lastly he wrote a book on human rights and humanitarian intervention, defending the 2003 invasion of Iraq. Cowling varies from exposition and admiration, to ideas about how Geras’s work should be interpreted, to criticism of his Trotskyism and of his support for the invasion of Iraq. The book will appeal to readers interested in Norman Geras and Marxism in particular, and social and political theory in general. (shrink)

The political writings of the French poststructuralists have eluded articulation in the broader framework of general political philosophy primarily because of the pervasive tendency to define politics along a single parameter: the balance between state power and individual rights in liberalism and the focus on economic justice as a goal in Marxism. What poststructuralists like Michel Foucault, Gilles Deleuze, and Jean-François Lyotard offer instead is a political philosophy that can be called tactical: it emphasizes (...) that power emerges from many different sources and operates along many different registers. This approach has roots in traditional anarchist thought, which sees the social and political field as a network of intertwined practices with overlapping political effects. The poststructuralist approach, however, eschews two questionable assumptions of anarchism, that human beings have an essence and that power is always repressive, never productive. After positioning poststructuralist political thought against the background of Marxism and the traditional anarchism of Bakunin, Kropotkin, and Proudhon, Todd May shows what a tactical political philosophy like anarchism looks like shorn of its humanist commitments—namely, a poststructuralist anarchism. The book concludes with a defense, _contra_ Habermas and Critical Theory, of poststructuralist political thought as having a metaethical structure allowing for positive ethical commitments. (shrink)

The criticism that voluntary codes of conduct are ineffective can be met by giving greater centrality to human rights in such codes. Provided the human rights obligations of multinational corporations are interpreted as moral obligations specifically tailored to the situation of multinational corporations, this could serve to bring powerful moral force to bear on MNCs and could provide a legitimating basis for NGO monitoring and persuasion. Approached in this way the human rights obligations of MNCs can be (...) taken to include support for political as well as economic rights. This will go some way towards filling the regulatory gap created by the difficulty of controlling the activities of corporations operating globally. However, such a proposal will require a measure of ‘meta-regulation’ whereby the operations of MNCs are legally required to be sufficiently transparent to create the conditions for effective external moral scrutiny. (shrink)

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

This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR leads (...) to two expectations. First, the larger government spending a proxy of high compliance capacity is hypothesized to delay the ratification process. Second, states with the unitary system are expected to ratify the ICESCR more promptly because the centralized power structure in unitary states significantly restricts the pursuit of the policy autonomy by minorities at local level that the right to self-determination entails. The Cox proportional hazard analysis lends support to both hypotheses. (shrink)

Global processes and changes on a scale previously unknown, the strengthening of the power of world socialism, the class struggle and that for national liberation, the many phenomena, diverse in nature and consequences, of the revolution in science and technology in different socio-economic systems and their impact on the individual, the danger threatening civilization because of the arms race, the growth of means of extermination of human beings and the material conditions for their existence - all of these (...) make the rights of the individual a priority problem in the political and ideological life of our day. (shrink)

Since the death of Mao Zedong and the subsequent implementation of an ?open door? economic policy, foreign criticism of China's human rights record has greatly increased. China maintains that it possesses a distinct understanding of rights deriving from its own history and national conditions. In particular, China cites the doctrine of Marxism, its state ideology since 1949, as the primary influence on its perception of rights. Yet, China also persists in a peculiarly Confucian orthodoxy, identifiable both in its (...) official theory and practice of rights. Is there a universal principle of human rights, or does China's entrenched Confucian heritage of itself argue against the pertinence of foreign criticisms? (shrink)

This article argues that Thomas Pogge's important theory of global justice does not adequately appreciate the relation between interactional and institutional accounts of human rights, along with the important normative role of care and solidarity in the context of globalization. It also suggests that more attention needs to be given critically to the actions of global corporations and positively to introducing democratic accountability into the institutions of global governance. The article goes on to present an alternative approach to global (...) justice based on a more robust conception of human rights grounded in a conception of equal positive freedom, in which these rights are seen to apply beyond the coercive political institutions to which Pogge primarily confines them (e.g. to prohibiting domestic violence), and in which they can guide the development of economic, social and political forms to enable their fulfillment. (shrink)

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

Responding to a call by Pierre Sané, Secretary-General of Amnesty International, for a worldwide political movement to overcome the social damage that has been wrought by economic globalization, this paper asks whether such a movement can invoke current conceptions of human rights. In particular, if human rights are Euro-centric, how well would they serve the self-understanding of a movement that is to be global, culturally pluralistic and counterhegemonic to Northern capital? I argue that it is (...) not human rights that are Eurocentric, but only certain conceptions of human rights. Properly understood, human rights are justifiable from within all cultures. Moreover, current conceptions of human rights are not as narrow as they were in 1948, when the Universal Declaration was drafted. Nearly five decades of international dialogue have transformed human rights discourse in ways that are profoundly anti-Eurocentric, and further transformations are already underway. There are resources of moral and political experience, within all cultures, which argue strongly in favor of these transformations. Therefore, a more consistent and more complete knowledge of human rights can emerge cross-culturally if the dialogue is not abused and if the relevant moral and political experience is let into the dialogue from all quarters. (shrink)

This paper provides a synopsis of the human rights enforcement in Bangladesh, which marks its 50 years in 2021 since its independence. After a theoretical background on how human rights are perceived as legal and political instruments, it critically discusses human rights provisions and explores the legal and institutional frameworks on human rights enforcement in Bangladesh—(re)construed in 50 years (1971–2021). Finally, it divulges the controversies in human rights enforcement and a roadmap to address them (...) by making some suggestions: multiple legislative, administrative, and judicial reforms are required to tackle human rights abuses to ensure punishment for the abusers and restitution for the victims. The paper concludes with the notion that the positive will of the relevant stakeholders (legislature, executive, and judiciary) is the key to upholding and protecting the human rights of Bangladeshi citizens. The significance of this paper lies in exploring the complexities associated with the laws and insular national politics, which often debars the enforcement of human rights and crucially compromises Bangladesh’s ability to empower its citizens. (shrink)

Human rights legislation pertaining to applications of human genetic science is still lacking at an international level. Three international human rights documents now serve as guidelines for countries wishing to develop such legislation. These were drafted and adopted by the United Nations Educational, Scientific and Cultural Organization, the Human Genome Organization, and the Council of Europe. It is critically important that the international nursing community makes known its philosophy and practice-based knowledge relating to ethics and (...) human rights, and contributes to the globalization of genetics. Nurses have particular expertise because they serve in a unique role at grass roots level to mediate between genetic science and its application to public health policies and medical interventions. As a result, nurses worldwide need to focus a constant eye on human rights ideals and interpret these within social, cultural, economic and political contexts at national and local levels. The purpose of this article is to clarify and legitimate the need for an international declaration on nursing, human rights, human genetics and public health policy. Because nurses around the world are the professional workforce by which genetic health care services and genetic research protocols will be delivered in the twenty-first century, members of the discipline of nursing need to think globally while acting locally. Above all other disciplines involved in genetics, nursing is in a good position to articulate an expanded theory of ethics beyond the principled approach of biomedical ethics. Nursing is sensitive to cultural diversity and community values; it is sympathetic to and can introduce an ethic of caring and relational ethics that listen to and accommodate the needs of local people and their requirements for public health. (shrink)

The political philosophy originates from the reflections of crisis, risks and threats which society faces to. The author understands environmentalism as a tendency of current political philosophy which starts from the reflections of causes and possible effects of global environmental crisis as one of the most serious threats to the existential preconditions of current political system and global civilization at all. Considering the changes in social, technological and environmental starting conditions of the existence of (...) economic-political system – that are consequences of the transition from stable geologic-climate era of Holocene to unstable era of anthropocene – it is necessary to reconsider once more the basic premises, imperatives and conceptual frames of current economic-political system. The outlines of current economic-political system in philosophical frame were laid out by founders of modern political thinking while we can identify some of basic premises of environmentalism and also concepts relevant to the reflection of current threats and risks in some of their works. Author considers the concept of civil and human rights, the concept of natural state and the concept of social contract to be suitable for the reflection of the crisis of current economic-political system regarding environmentalism. Afterwards, the author formulates in what meanings are these concepts actual also for anthropocene. In conclusion, the author´s hypothesis is that the political philosophy of 21st century must reflect the environmental preconditions and limits of existence and forms of economic-political system and, at the same time, it must take into account that any economic and social activities have influence on the quality and sustainability of environment. (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)

Readers of Sex and Social Justice will find in its essays fresh insights and powerful arguments on such varied topics as pornography, prostitution, gay rights, the tensions between feminist imperatives and respect for cultural and religious differences, the importance to feminism of considering how desires adjust to socially formed expectations, the relationship between narrative, mercy and justice, Kenneth Dover’s memoirs, and Richard Posner’s economic and evolutionary account of sexual behaviour. In her discussions of these highly charged topics, Nussbaum (...) never gives in to the temptation of uncomprehending moral condemnation, but instead approaches the issues with an enviable command of the facts, a sympathetic understanding, and a will to uncover and reason through the best arguments on all sides. Women and Human Development: The Capabilities Approach is an ambitious work of political philosophy that aims to guide constitutional design and social policy. Its four chapters present the capabilities approach in detail, argue for its universal status, and apply it to issues in religion and the family. (shrink)

The International Bill of Human Rights (IBHR) enjoys universal acclaim as the source of the best standards and definition of human rights. This paper argues that the IBHR is inspired by liberalism and harbours ambiguities that open the door to a neoliberal seizure of the rights agenda; and that this effectively destabilises the focus on the IBHR on socio-economic and community rights, and therefore its stated ideal of the equal value of all human rights. I argue (...) that Kwame Gyekye's moderate communitarian political philosophy affords a viable philosophical basis for justification of a more balanced conception of human rights than the theoretical basis of the IBHR does. (shrink)

The health and human rights movement (HHR) shows obvious signs of maturation both internally and externally. Yet there are still many questions to be addressed. These issues include the movement’s epistemological status and its perspectives of development. This paper discusses critically the conditions of emergence of HHR, its identity, its dominant schools of thought, its epistemological postures and its methodological issues. Our analysis shows that: (a) the epistemological status of HHR is ambiguous; (b) its identity is uncertain in the (...) absence of a validated definition: is it an action movement, an interdisciplinary field, a domain, an approach, a setting or a scientific discipline? (c) its main schools of thoughts are defined as “advocacists”, “ethicists”, “interventionists”, “normativists”; (d) the movement is in the maturation process as a discipline in which “interface”, “distance”, “interference” and “fusion” epistemological postures represent the fundamental steps; (e) parent disciplines (health sciences and law) competences, logics and cultures introduce duality and difficulties in knowledge production, validation and diffusion; (f) there is need to re-write the history of the HHR movement by inscribing it not only into the humanitarian or public health perspectives but also into the evolution of sciences and its social, political and economical conditions of emergence. The ambiguous epistemological status of this field, the need to re-write its history, the methodological duality in its research, the question of the competence of the knowledge validation, as well as the impact of HHR practice on national and international health governance are the challenges of its future development. To meet those challenges; we call for the creation and implementation of an international research agenda, the exploration of new research topics and the evaluation of the movement’s contribution to the national and global public health and human rights governance. (shrink)

Even as human rights provide the most widely shared moral language of our time, they also spark highly contested debates among scholars and policymakers. When should states protect human rights? Does the global war on terror necessitate the violation of some rights? Are food, housing, and health care valid human rights? Debating Human Rights introduces the theory and practice of international human rights by examining fourteen controversies in the field. Daniel Chong presents the major arguments (...) on both sides of each debate, encouraging readers to think critically and form their own opinions. Designed for classroom use, the structure of the book makes it easy for students to become familiar with the major political and legal actors in the global human rights system and to understand the practical challenges of protecting civil, political, social, and economic rights. (shrink)

Human rights debates neglect social rights. This paper defends one fundamentally important, but largely unacknowledged social human right. The right is both a condition for and a constitutive part of a minimally decent human life. Indeed, protection of this right is necessary to secure many less controversial human rights. The right in question is the human right against social deprivation. In this context, ‘social deprivation’ refers not to poverty, but to genuine, (...) interpersonal, social deprivation as a persisting lack of minimally adequate opportunities for decent human contact and social inclusion. Such deprivation is endured not only in arenas of institutional segregation by prisoners and patients held in long-term solitary confinement and quarantine, but also by persons who suffer less organised forms of persistent social deprivation. The human right against social deprivation can be fleshed out both as a civil and political right and as a socio-economic right. The defence for it faces objections familiar to human rights theory such as undue burdensomeness, unclaimability, and infeasibility, as well as some less familiar objections such as illiberality, intolerability, and ideals of the family. All of these objections can be answered. (shrink)

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified (...) by the United Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace. (shrink)

Han Fei (around 280 to 233 B.C.) advocates a strong and orderly state based on the absolute authority of the state and the law. Han Fei is usually not associated with human rights. His philosophy is difficult to reconcile with civil and political human rights, even if some of his political concepts support the realization of certain human rights. However, Han Fei’s ideas help us to gain a better understanding of the People’s Republic of (...) China’s official human rights narrative. The PRC emphasizes collective social and economic human rights, views the authority of the Communist Party as a prerequisite for the realization of human rights, and advocates rule by law, i.e. using the law as a tool of governance. This largely conforms to Han Fei‘s views on the role of the authority of the state and the law, and the relationship between the government and its citizens. (shrink)

Human rights law has been called upon to help with the problem of persistently high greenhouse gas emissions. An obligation on states and other legal entities to lower their emissions (mitigation) is said to be deducible from that body of law. I refute this thesis. First, I consider two practical difficulties—causality and non-triviality—that face a plaintiff who, with emission mitigation as the objective, attempts to prove a human rights violation using the regular pattern of proof for a violation. (...) Proponents of the “human rights approach” to mitigation have held that proof of an emission “contribution” by the defendant together with proof of an “impact” by climate change on the plaintiff’s human rights are sufficient to discharge the evidentiary burden for the proof of causation. The rest of the causation chain is simply presumed. Thus, the original proof pattern for a human rights violation is abandoned. The proponents’ answer to the triviality difficulty has been to aggregate emitters into very large entities and sue _them_. However, aggregation can be shown to lead to a _reductio ad absurdum_. In my argument’s second part, I identify a more fundamental difficulty with the human rights approach to mitigation: The defendant’s emissions do not amount to a norm violation. Everyone contributes emissions without legislative or other prohibition. Treaty law on climate change itself recognizes emitting behaviour as lawful and permits the continuation of state emissions through to at least 2050. A rise in global warming from preindustrial levels to 1.5° Celsius with room for an even greater rise to close to 2° Celsius has been _budgeted for_ by the Paris Agreement on Climate Change. The setting up of a budget affirms the normalized status of within-budget emissions. This universal license to emit denies the human rights approach to mitigation the very conditions of application of human rights law. (shrink)

Renate Holub provides a critical introduction to the philosophical foundations of human rights as developed by the Italian philosopher Giambattista Vico [1668-1744]. She demonstrate the profoundly innovative principles he contributed to and his contemporary relevance for a global theory of justice. Leading twentieth century transatlantic intellectuals, like Joseph Schumpeter, Arthur Nussbaum, Robert Cox who, though for quite different ultimate purposes, were variably working at the intersections between sociology, economic analysis, and international legal thought, squarely recognized the gravitas of (...) the unprecedented conceptual reach of the principles governing Vico’s social science. What is central to Vico’s international philosophy is an understanding of civilizational history not marked by permanent violence between individuals or groups of people. Rather, it is an understanding which outlines a broad historical tendency towards the reduction of violence in the internal and external organizations of social relations of peoples in all global regions. Vico’s political thought developed significant elements for a global theory of justice based not on legitimations of violence, as ‘just war’ theories, but for structuring, however minimally, the conditions of ‘permanent just global peace.’. (shrink)

Luther’s beliefs provide three avenues of change for the Korean church and Korean society at large. First, Luther’s argument about two different kingdoms can help the Korean church set itself free from the deeply rooted political attachment stemming from the ideological conflict with North Korea over the past six decades. Second, Luther’s understanding of the individual’s inner mind as the locus of revelation of the divine truth is expected to enhance an autonomous self-determination that is independent of the collective (...) mindset of the multitude, which leads to the naissance of being truly individual. Lastly, Luther’s ethics of love will hopefully improve the public awareness concerning human rights of criminals and, through his vocation theory, give the vision of a unified organic society that Rises above the possessive individualism that spread widely during Korea’s rapid economic growth. (shrink)

International policies often make the conferral of aid, debt relief, or additional trading opportunities to a country depend upon its having successfully implemented specific policies, achieved certain social or economic outcomes, or demonstrated a commitment to conducting itself in specified ways. Such policies are conditionality arrangements. My aim in this article is to explore whether conditionality arrangements that would make the conferral of debt relief depend on whether the debtor country achieves a certain status with respect to the (...) human right fulfilment of its population can be justified. I argue that many objections that are typically advanced against conditionality arrangements are unconvincing, and that the possible benefits of human rights conditionality are sufficient to warrant serious intellectual and practical exploration. Whether or not particular arrangements are justified cannot be determined in advance of such exploration. (shrink)

It is a crucial question whether practicalities should have an impact in developing an applicable theory of human rights—and if, how (far) such constraints can be justified. In the course of the non-ideal turn of today’s political philosophy, any entitlements (and social entitlements in particular) stand under the proviso of practical feasibility. It would, after all, be unreasonable to demand something which is, under the given political and economic circumstances, unachievable. Thus, many theorist—particularly those (...) belonging to the liberal camp—begin to question the very idea of social human rights on grounds of practical infeasibility. This new minimalism about human rights motivates an immanent critique arguing that even if we were to proceed from a liberal framework, we would still wind up with a justification of the full list of social human rights. In the first part of this article, I will present the central positions of the debate presented by Amartya Sen, Maurice Cranston and Pablo Gilabert. Initially arguing that a minimalism of human rights on grounds of practical infeasibility alone proves unjustifiable, however, I shall open up two further perspectives, which allow practical infeasibilities to become normatively determinate. Discussing contributions by James Griffin and Charles Beitz, I will defend the thesis that certain feasibility constraints on (social) human rights can be justified on the condition that they are grounded either in a normative idea of the appropriate implementation of these rights or in reflection of the practical function of a theory of human rights. (shrink)

Most of the theories of rights propounded by philosophers, right from the beginning till the twentieth century, conceive rights either as a claim against the state or an obligation upon the state. Certainly such a conception has had something to do with the prevailing social, political and economic systems of the time concerned. Social, political and economic systems also had a particular relationship amongst them. Change in individual and social perspectives, values, priorities and (...) beliefs has affected the philosophy of right. From the ages of Locke and Hobbes when natural right was taken in obvious terms to the times of communitarians like Michael Sandel and thinkers like Ronald Dworkin the term “Right” has earned many dimensions. Progress and changing arrangements of systems complicates the status of a philosophical theory of rights propounded at a particular time, in the sense that its losses its teeth in any new found milieu. This paper evaluates the notion of abstract universalism of individual rights in the light of Gandhian notion of duty. (shrink)

Society is broken. We can design our way to a better one. In our increasingly interconnected world, self-interest and social-interest are rapidly becoming indistinguishable. If the oceans die, if society fractures, or if global warming spirals out of control, personal success becomes meaningless. But our broken system incentivizes behavior that only makes these problems worse. If true human rights progress is to be achieved today, it is time we dig deeper-rethinking the very foundation of our social system. (...) In this engaging, important work, Peter Joseph, founder of the world's largest grassroots social movement in the world-The Zeitgeist Movement-draws from economics, history, philosophy, and modern public-health research to present a bold case for rethinking activism in the 21st century. The conventional wisdom views poverty, social oppression, and the growing loss of public health as unfortunate and immutable side effects of our way of life. The New Human Rights Movement argues that these outcomes are, in fact, contrived-only natural to our outdated economic system. Social activists can never succeed in dramatically improving human life on this planet until they understand the structural reasons these problems exist. Arguing against the long-standing narrative of universal scarcity and other pervasive, legitimizing myths that defend the current state of affairs, The New Human Rights Movement ultimately presents the case for an updated economic approach. Joseph explores the potential of this grand social shift and how we can design our way to a post-scarcity world-a world where poverty doesn't exist and the human family has become truly sustainable. The New Human Rights Movement reveals the critical importance of a unified activism in this direction, through understanding and working to alter the inherent injustice of our current social system. This book not only warns against what is in store if we continue to ignore our broken society but also reveals the positive future possible if we succeed. Will you join the movement? (shrink)

In a recent spate of reflective writings on the concept of human rights, philosophers have been concerned to firm up the analytical boundaries of human rights discourse, without excluding welfare rights from the catalogue. The article considers three of these recent attempts to `revalue the currency' of human rights: the agency conception, the pluralist conception, and the negative duties conception. It ultimately defends a `dignity-based' account of human rights, in which any number of human interests (...) and values may ground a right, but in which the failure to respect the right must constitute a threat to human dignity (one's sense of self-worth as a person) in order for it to count as a genuine human right. It further argues that a `dignity-based' account of human rights justifies a focus on the state as the agent against which human rights are held, and gives us reason to doubt that the state could adequately fulfil the human-rights-based duties it owes its citizens by simple forbearance. On the account offered here, the state may be said to violate the rights of its members, and to threaten their human dignity, when it fails to provide them with the means to realize their basic needs. Key Words: human dignity • civil and political rights • welfare rights • social rights. (shrink)

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

In conclusion, I have tried to show that if there are any rights at all, legal, moral and political, there are at least the sorts of human rights cited in the Universal Declaration, rights which extend beyond the slender base provided by Hart's right to be free and which include the right to an adequate human life for everyone, rights shared by all, rights that, as rights, imply correlative duties. Even though the duties thus implied are admittedly (...) imperfect, as rights, they confer upon right-holders, the authority to obligate others.I have argued for the most part against regarding any rights, even some human, rights (interchangable here with manifesto rights, welfare rights, rights of recipience, social and economic rights, “programme rights,” Fawcett calls them, positive in rem rights) as claims to rights or proposals for adoption as rights. I have argued that to have a right of any kind, including especially a human right, one shared by and held equally by all human beings,while not “unconditional” or “unalterable,” is “fundamentally important, ” - to return once again to Feinberg's definition at the opening of this paper. A human right is fundamentally important, however, only if it, too, implies an obligation on the part of other people, one in which other people are obligated to use their power and resources “to make things happen.” To havea right is to be in a position to impose corresponding obligations on others. As Kant pointed out, a right of any kind gives a right holder “a title to compel.” From Kant's Philosophy of Law, in C. Morris, The Great Legal Philosophers, University of Pennsylvania Press, 1959, pp.242–243. Kant points out that every right is conjoined with “an implied Title or warrant to bring compulsion to bear on anyone who may violate it in fact” p. 242. And, “with every right ... there is conjoined a Right to compel.”. (shrink)