In recent years, the development process of pharmaceuticals, medical devices, and related products and the overall market of these products have become increasingly global. This paper discusses the need for better governance of one aspect of this market: the production, distribution, and use of pharmaceutical knowledge. Various controversies, some of which will be described in this paper, highlight how industry control over pharmaceutical data production has resulted in very serious threats to public health. Different practices and regulatory fields that affect (...) what I will refer to in this paper as “pharmaceutical knowledge production” are all too often artificially separated and dealt with in isolation, which seriously affects the quality of the available information on the safety and effectiveness of products. I will examine here how a human rights-based approach should inspire us to look more carefully not only at the significant human rights-related interests that are at stake, but also at the relations between the different interwoven regulatory, cultural, and social factors and how these play out at the various stages of knowledge production. (shrink)

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

The notion of human rights is highly controversial and contested in modern scholarship. However, human rights have been defined as ‘the rational basis… for a justified demand.’ What constitutes demand should be understood as that which is different from favor or privilege but one's due, free from racial, religious, gender, political inclinations. But since rights are basic due to the fact that they are necessary for the enjoyment of something else, we are poised to examine (...) it from the pre-figurative, configurative and post-figurative stages of development in Africa. This enterprise anchors on the belief in cosmotheandrisation of human rights in Africa: cosmos ‘earth’, theos ‘God’ and anthropos ‘human’. These three levels of horizontal and vertical relationship guarantee the respect for human rights in traditional Africa. Through this approach, this enterprise shows that the positive approach to human rights is majorly declarative without corresponding pragmatic manifestation. (shrink)

In his invited essay for Business & Society’s 60th anniversary, Archie B. Carroll refers to human rights as “a topic that holds considerable promise for CSR [corporate social responsibility] researchers in the future.” The objective of this article is to unpack this promise. We discuss the momentum of business and human rights in international policy, national regulation, and corporate practice, review how and why BHR scholarship has been thriving, provide a conceptual framework to analyze how BHR (...) and corporate social responsibility relate to each other, and provide a research agenda outlining how BHR can expand business and society scholarship in general and one of its foundational constructs, CSR, in particular, beyond the current confines of the business and society field. (shrink)

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human (...) being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.Bangladesh Journal of Bioethics 2015 Vol.6 (1):15-21. (shrink)

The formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments (...) on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate. (shrink)

This mixed-methods study examines the human rights and human rights education and training (HRET) perspectives and practices of law educators in Myanmar during the democratic transition that ended with the 2021 coup. “Contextual, Theoretical, and Methodological Framing” provides an overview of legal and human rights education in Myanmar, discusses the potential of human rights education in law schools during democratic transitions, addresses why educators’ human rights and human rights (...) education perspectives and practices are important to examine, and presents the research methodology. “Findings” presents findings based on the two phases of research during the transitional period: phase 1 (2015–2017)—law instructors’ perspectives and practices after participating in a multi-year HRET program; and phase 2 (2019–2020)—law instructors’ perspectives on the goals, challenges, and potential of HRET in Myanmar. The third section—“Discussion and Implications”—examines the contextual challenges and opportunities for human rights education as related to (1) critical human rights education, (2) practice-oriented HRET, and (3) administrative policies and practices for human rights and HRET within universities. (shrink)

In reviewing five edited collections and one monograph from the 1990s, the article summarizes the present status of the "human rights revolution" that was signaled by the adoption in 1948 of the "Universal Declaration of Human Rights". It goes on to elaborate and evaluate some of the attempts contained in these books to deal with theoretical and practical controversies surrounding the subject of human rights, particularly the discussion of what to make of "cultural relativism" (...) as far as human rights are concerned. Finally, the article summarizes some recent thinking and research on a neglected area, namely compliance with human rights standards protecting "freedom of religion or belief.". (shrink)

In March 1993, in preparation for the United Nations World Conference on Human Rights, representatives from the states of Asia gathered in Bangkok to formulate their position on this emotive issue. The result of their discussions was the Bangkok declaration. They accepted the concept of universal standards in human rights, but declared that these standards could not overridet he unique Asian regional and cultural differences, the requirements of economic development, nor the privileges of sovereignty. : The (...) difficult and powerful dichotomies raised in Bangkok, and their particular relevance to China, are explored in the ten essays contained in this book. The underlying political, cultural, philosophical, legal and economic issues which cut across the human rights spectrum are also considered. The writiers themselves are Chinese and Hong Kong scholars, or leading political figures who are involved in the current human rights debate. The ultimate goal of the book is not to resolve the issues raised in Bangkok, but to expose some contours of discussion in a way that is fresh and accessible. (shrink)

Though they improve upon the millennium development goals (MDGs), the new sustainable development goals (SDGs) have important draw-backs. First, in assessing present deprivations, they draw our attention to historical comparisons. Yet, that things were even worse before is morally irrelevant; what matters is how much better things could be now. Second, like the MDGs, the SDGs fail to specify any division of labor to ensure success. Therefore, should progress stall, we won’t know who is responsible to get us back on (...) track. We won’t “end poverty in all its forms everywhere” without an agreement on who is to do what. Third, although the SDGs contain a goal calling for inequality reduction, this goal is specified so that the reduction need not start till 2029. Such delay would cause enormous death and suffering among the poor and enable the rich to shape national and supranational design in their own favor. (shrink)

Since the mid-nineteenth century, women in Europe, North America and elsewhere have played an increasing role in the workforce. Women started pursuing jobs in factories, offices and businesses instead of being dependent on men for their livelihood. However, along with this significant improvement in the status of women, they still face obstacles, such as the gender pay gab and harassment in the workplace. Although both males and females experience harassment, the available literature clearly suggests that females are more likely to (...) be harassed. Much of the research concerning workplace harassment against women has been conducted in the West while little is known about this phenomenon in workplaces across the Arab and Muslim countries. In fact, gender relations and the nature of workplaces in Arab countries vary significantly from the Western workplace due to religious, social and cultural traditions. Muslim women live in the midst of patriarchal cultures where women’s honour is believed to be sacred. The ideology of women’s seclusion and subordination resulted in the restriction of their ability to participate in the labour force even where females are in urgent need of earned income. In this regard, harassment considers a crucial subject on various international agendas. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) for instance, reinforces the implementation of legislation that protects women against gender discrimination. Islam in a similar manner respects women and acknowledges their major role within a society. Therefore, as women living in Muslim communities where issues related to sexuality are sensitive, and people are reluctant to discuss such questions in public, this paper aims to discuss women seclusion, the situation of Muslim women with regard to harassment in the workplace, how international human rights deals with harassment as well as the relation between the Islamic jurisprudence and the international human rights with regard harassment in the workplace. (shrink)

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human (...) being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them. (shrink)

PurposeThis paper presumes that a public policy document must aim at protecting human rights. The question being raised is- what kind of moral reasoning or grounding can we afford to the idea that human rights are important for the whole framework of public policy. The paper aims at looking at the moral and political philosophy of Immanuel Kant as we find it in his Groundwork of the Metaphysics of Morals and the Metaphysics of Morals for providing (...) this background.MethodThe paper provides an exegetical account of some of the key concepts in Kant’s moral philosophy and the application of these in socio-political contexts.Result and DiscussionThe processes involved in the framing of the document, the document itself, as well as the persons framing the document must aspire to respect and protect human rights. The implication itself rests on the principle that a moral end cannot be achieved by immoral means and protecting human rights is a moral end that all societies must seek to achieve. Hence not only the end, which in this case is the policy document itself, but the means, i.e., the processes of framing the documents and intentions of those responsible and accountable for it, must also be moral. (shrink)

The traditional international law of self-defense provides little indication about how far states should be willing to defend. That choice is better understood as constrained, beyond the jus in bello and the jus ad bellum, by human rights norms that implicate responsibilities of the sovereign vis-à-vis its own population. Different conceptions of human rights, however, underscore different possible theories of the extent of self-defense. The main polarity is between a conception of self-defense as protecting bare life (...) and a conception of self-defense as protecting collective self-determination. In the practice of justifying particular uses of self-defense, these foundations are constantly and dynamically rearticulated to justify fighting on, surrendering, or negotiating. This raises questions about the impact of conditions of uncertainty, different conceptions of agency, and the role of the international community. Ultimately, the article suggests that self-defense radicalizes anxieties about the foundation and finality of rights. (shrink)

This paper extends Corporate Social Responsibility (CSR) scholarship to focus on issues of sexual harassment and sexual violence. Despite a significant body of work on gender and CSR from a variety of feminist perspectives, long-standing evidence of sexual harassment and sexual violence in business, particularly in global value chains, and the rise of the #MeToo movement, there has been little scholarship focused specifically on these issues in the context of CSR. Our conceptual paper addresses this gap in the literature through (...) two key contributions. First, we extend the theoretical base of CSR scholarship by drawing upon and explicating radical feminist theory, a resource that has been underutilized in the field to date. This theoretical perspective is well placed to offer insights around the issues of sexual harassment and sexual violence, and to explain the centrality of these concerns to the gender equality agenda in business and in CSR. Second, building upon insights from radical feminism, and from research on CSR and human rights, we explicate a business and human rights approach to sexual harassment, sexual violence and CSR. We point to ways in which this approach might be more effective in addressing these issues than previously adopted strategies and suggest directions for future research arising from our analysis. (shrink)

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, (...) the rule of law, and administration of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights. (shrink)

This comprehensive and important volume includes contributions by activists, journalists, lawyers and scholars from twenty-one countries. The essays map the directions the movement for women's rights is taking--and will take in the coming decades--and the concomittant transformation of prevailing notions of rights and issues. They address topics such as the rapes in former Yugoslavia and efforts to see that a War Crimes Tribunal responds; domestic violence; trafficking of women into the sex trade; the persecution of lesbians; female genital (...) mutilation; and reproductive rights. (shrink)

How do firms make sense of creating shared value projects? In their sense-making processes, do they extend the meaning spectrum to include human rights? What are the dominant cognitive frames through which firms make sense of CSV projects, and are some frames more likely to have transformative power? We pose these questions in the context of small-scale firms in a low-to-middle income country—a context where CSV policies have been promoted extensively over the last decade in the expectation of (...) improved economic competitiveness, growth, and sustainable development processes. We employ a grounded theory approach to identify three dominant cognitive frames used by our respondents to make sense of CSV. The most prevalent frame prioritizes economic over social and environmental goals, and considers social, environmental, and human rights benefits to trickle down from economic growth and wealth generation. In the second frame, economic actors follow a win–win logic according to which environmental sustainability is pursued only if there are clear and foreseeable economic payoffs. The third frame is a niche that emphasizes the attainment of certain human rights goals, despite a perceived lack of immediate economic returns. Our work casts doubt on the capacity of CSV projects to stimulate sustainable development processes without radically changing entrepreneurs’ cognitive frames from growth first to humanizing the business. (shrink)

In his invited essay for Business & Society’s 60th anniversary, Archie B. Carroll (2021, p. 16) refers to human rights as “a topic that holds considerable promise for CSR [corporate social responsibility] researchers in the future.” The objective of this article is to unpack this promise. We (a) discuss the momentum of business and human rights (BHR) in international policy, national regulation, and corporate practice, (b) review how and why BHR scholarship has been thriving, (c) provide (...) a conceptual framework to analyze how BHR and corporate social responsibility (CSR) relate to each other, and (d) provide a research agenda outlining how BHR can expand business and society scholarship in general and one of its foundational constructs, CSR, in particular, beyond the current confines of the business and society field. (shrink)

This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis (...) on freedom of choice, its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in IV.1, in its current form CAHR faces two serious objections by the defenders of the political perspective: the Gap Between Capabilities-Interests and Rights Objection and the Disconnect From Practice Objection. Answering these criticisms requires some amendments to CAHR. Section IV.2 suggests a response to the first objection based on the introduction of a contractualist framework of justification. Sections IV.3 and IV.4 tackle the second objection by introducing a re-characterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. (shrink)

Judicial activism is a contested phenomenon, with the liberals and even the conservatives championing it while denouncing its particular manifestations. In this article, I examine the recent judicial practice of one of the most activist judiciaries in the world, that of India, where progressive politics is often, and sometimes always, associated with an activist and benign court. Indeed, the Indian Supreme Court has a global reputation as a torchbearer on human rights. In this article, I adopt a social (...) movement perspective to understand the actual impact of the court on the struggles of the poor for livelihood, resources, values, and identity, enacted through struggles for the recognition and realization of economic, social, and cultural rights. After an analysis of the record of the Supreme Court of India, I conclude that the Court has increasingly shown a bias against the poor in its activist rulings and made judicial activism a more problematic device for social movements in India to rely upon. To explain why this is happening, the article introduces two ideas: first, the emergence of the judiciary as an organ of governance and its attendant problems, and second, the internally biased nature of the rights discourse which tends to reproduce binary arguments for either increasing State capacity or for increasing choice of goods in the marketplace. The article concludes by exploring lessons from the jurisprudence of other countries and international law and urges the Indian Supreme Court to reinvent a jurisprudence informed more by the social movements of the poor. (shrink)

Human rights are basic, inalienable, interdependent, and universally recognized rights that aresine qua nonfor existence and growth of any human to be his best. These human rights are to be enjoyed by all human beings by virtue of being human, irrespective of their limitations or disabilities; due to the stated reason, the rights of disabled people as a “group right” are recognized as a third-generation human right.

Bioethics and human rights were conceived in the aftermath of the Holocaust, when moral outrage reenergized the outmoded concepts of and renaming them and to give them new purpose. Originally, the principles of bioethics were a means for protecting human rights, but through a historical accident, bioethical principles came to be considered as fundamental. In this paper I reflect on the parallel development and accidental divorce of bioethics and human rights to urge their reconciliation.

This article counters the popular misunderstanding that China lacks a conception of human rights in its philosophical heritage. The authors demonstrate that even divergent traditions such as Classical Confucianism and Mohism provide strong and pervasive antecedents for human rights ideology, and both have much to contribute to the contemporary Chinese articulation of human rights theory and practice. The first part of the article shows that traditional Confucian values have the capacity to produce a social (...) environment in which rights outcomes are realized, yet without recourse to the full legal mechanisms of Western claim-rights. The second part of the article reveals that Mohism offers several insights and motivations for contemporary human rights ideology. Thus, the authors substantiate that historic Chinese philosophy supports a meaningful framework for human rights, refuting the claim that human rights is alien to the Chinese way. (shrink)

Cover -- Title -- Copyright -- Contents -- List of table -- Notes on contributors -- Acknowledgements -- Introduction: environmental human rights and political theory -- 1 The rights of humans as ecologically embedded beings -- 2 Defining the natural in the Anthropocene: what does the right to a 'natural' environment mean now? -- 3 Reconciliation of nature and society: how far can rights take us? -- 4 The foundation of rights to nature -- 5 (...) Rights to natural resources and human rights -- 6 Making sense of the human right to landscape -- 7 What's so good about environmental human rights? Constitutional versus international environmental rights -- 8 Environmental human rights - concepts of responsibility -- 9 Future people's rights: dispelling an ontological worry -- 10 Human rights-based precautionary approaches and risk imposition in the context of climate change -- Index. (shrink)

Gewirth’s theory of human rights has made a major contribution to philosophy. In this edited collection, contributors from a broad range of disciplines discuss the theoretical and practical application of Gewirthian theory to current world issues. Case studies highlight mental health, the LGBT community, intellectual disabilities, global economic inequality, and market instability to provide a truly interdisciplinary study. This important contribution to human rights scholarship provides a platform for further discussion of Gewirthian theory. It will be (...) of interest to those researching moral, legal, and political philosophy, as well as policy makers, social workers, and medical staff. (shrink)

Digital platform economy has radically changed the modes in which work is organized, stretching the functionality of legal environment of work and its governance. This article builds on a strand of labor law scholarship that advances the need to rethink the legal construction of work and work relationship in order to adapt it to the dynamically evolving socio-economic context. By applying a business and human rights lens to this process, this article confutes the mainstream argument that labor (...) class='Hi'>rights guarantees remain contingent on an individual’s enjoying the status of an employee under national jurisdiction. We survey a largely underexamined conception of affording protection to platform workers under International Human Rights Law (IHRL). In doing so, we argue that the instruments of IHRL may in some respects be even better placed than that of national law, both strengthening and complementing areas where state protection is weak or non-existent. Through the right to just and favorable conditions of work perspective, we outline the non-contested, albeit partly poorly implemented obligations of states, as well as largely contentious and contested responsibilities of private actors such as digital platforms towards the rights-holders. We conclude by arguing that the leverage offered by IHRL in the struggle to curb a quasi-sovereign power of the platform largely outweighs the democratically motivated objections this avenue may raise. (shrink)

Current processes of globalization are challenging Human Rights and the attempts to institutionalize them in many ways. The question of the connection between religion and human rights is a crucial point here. The genealogy of the Human Rights is still a point of controversies in the academic discussion. Nevertheless, there is consensus that the Christian tradition – especially the doctrine that each human being is an image of God – played an important role (...) within the emergence of the codification of the Human Rights in the period of enlightenment. It is also obvious that the struggle against the politics of apartheid in South Africa was strongly supported by initiatives of churchy and other religious groups referring to the Human Rights. Christian churches and other religious groups do still play an important role in the post-apartheid South Africa. They have a public voice concerning all the challenges with which the multiethnic and economically still deeply divided South African society is faced with. The reflections on these questions in the collected lectures and essays of this volume derive from an academic discourse between German and South African scholars that took place within the German-South African Year of Science 2012/13. (shrink)

Drawing on case studies from around the world - including Iran, Guatemala, USA and Mexico - this collection documents how transnational human rights discourses and legal institutions are materialised, imposed, resisted and transformed in a variety of contexts.

At least the three major academic debates one encounters about human rights in an African context are usefully framed in terms how they relate to community in various ways. Specifically, this entry first discusses disputes among moral anthropologists and political scientists about the extent to which human rights were present in pre-colonial, communal sub-Saharan societies; then it takes up ways in which group-based claims have significantly influenced human rights discourse and observance in post-war Africa; (...) and finally it discusses how professional philosophers in and from Africa have tended to view human rights through communitarian lenses. (shrink)

The question whether an entity has rights is identified with that as to whether an intrinsic value resides in it which imposes obligations to foster it on those who can appreciate this value. There should be no difficulty in granting that animals have rights in this sense, but what of other natural objects and artifacts? It seems that various inanimate things, such as fine buildings and forests, often possess such intrinsic value, yet since they can only be fully (...) actual in an observing consciousness the most basic such right is that of being observed from time to time. That, at least, is true of them as phenomenal objects. There must, however, be a thing in itself behind the phenomenal object and sometimes this may possess an intrinsic value which gives rise to rights, not a matter of the need to be actualized in an observing consciousness, though it is extremely difficult to reach reliable conclusions here. (shrink)

This paper argues that within the Islamic mystical tradition of Sufism lies an important perspective for approaching human rights. Sufism, while usually perceived as only dealing with spiritual matters, actually expresses a distinct message of service to mankind, and thus should be examined within the discussion of Islam and human rights. Along with Sufism's emphasis on service, the Sufi message of unity with God, and specifically the message of recognizing the existence of God in all (...) creatures resonate soundly within the human rights discourse. With these points in mind, Sufi philosophy heightens the importance of human rights, while also allowing for self-construction regarding issues of human rights, and should be considered as another approach within the Islamic framework that is highly compatible with international human rights. (shrink)

This paper seeks to examine the constitutional and legal implications of Islam in Malaysia with a focus on fundamental liberties and particular reference to freedom of religion; conversion of non-Muslim minors to Islam; Hudud law, `Islamic dress,' offenses against precepts of Islam; and, women, Heads of State and Islam. These areas are chosen as a result of cases in civil courts contesting fundamental liberties, and debate in the public domain. The problems which have surfaced revolve around the following concerns: subjecting (...) non-Muslims to Islamic law or principles; subjecting Muslims and non-Muslims to an Islamic fiqh principle contrary to humanistic principles; the problems of a dual legal system with attempts to demarcate jurisdiction but at the cost of fundamental liberties; and, the relevance of the ``Islamic state" vs. ``secular state" issue in rights adjudication. The courts appear to be in a conundrum when dealing with these cases, and this suggests a conflict in the application of Islamic and civil laws. These issues are not new; they have persisted for a long time. Recently court decisions have aroused a public perception that the problem is one of Islam versus the non-Muslim. This tends to be perceived in ethnic terms as well, specifically as a contest between the Malays, who are mostly Muslims, and other races. The author calls for increased secularization in Malaysia as a way to resolve these issues. (shrink)

In light of such basic Buddhist teachings as karma and interdependence, the conceptions of "rights" and "human being" presupposed by the dominant currents in contemporary human rights discourse are critically evaluated here. The negative recusiveness of such a discourse and its promotion of minimum standards for secure coexistence is examined, and a Buddhist perspective on human rights forwarded in which realizing our dramatic interdependence and social virtuosity are held paramount.

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

In October 2005, UNESCO (the United Nations Educational, Scientific and Cultural Organization) adopted the Universal Declaration on Bioethics and Human Rights. This was the culmination of nearly 2 years of deliberations and negotiations. As a non-binding instrument, the declaration must be incorporated by UNESCO’s member states into their national laws, regulations or policies in order to take effect. Based on documentary evidence and data from interviews, this paper compares the declaration’s universal principles with national bioethics guidelines and practice (...) in Kenya and South Africa. It concentrates on areas of particular relevance to developing countries, such as protection of vulnerable persons and social responsibility. The comparison demonstrates the need for universal principles to be contextualised before they can be applied in a meaningful sense at national level. The paper also assesses the ‘added value’ of the declaration in terms of biomedical research ethics, given that there are already well-established international instruments on bioethics, namely the World Medical Association Declaration of Helsinki and the CIOMS (Council for International Organizations of Medical Sciences) guidelines on biomedical research. It may be that the added value lies as much in the follow-up capacity building activities being initiated by UNESCO as in the document itself. (shrink)

Joseph Chan’s Confucian Perfectionism: A Political Philosophy for Modern Times is a milestone in the contemporary study of Confucian political philosophy. In this remarkable work, Chan presents his version of Confucian perfectionism, aiming to balance liberalism and Confucianism as a solution to reconstructing a political philosophy in response to contemporary challenges. I am sympathetic to much of what Chan has to say in the book. I agree that, rather than merely being an ethical theory, Confucianism can and should have a (...) place in political philosophy. I also agree that Confucianism can coexist with democracy1 and that human rights can and should be instituted as a fallback apparatus. This essay is not... (shrink)

In June 2022, the Supreme Court of the United States overturned Roe v. Wade. The European Court of Human Rights is also expected to decide on several abortion cases. In this paper, the interpretative approaches of both courts are compared. Whereas the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization decided on an originalist approach to the Constitution, the highest European court has always regarded the European Convention on Human Rights as a living instrument. (...) As a result, domestic laws regulating the interruption of pregnancy are seen by the Strasbourg court as interferences with a fundamental right, the right to respect for private life. Although member states of the Council of Europe enjoy a wide margin of appreciation with regard to the circumstances in which abortion will be permitted, its highest court put forward the state’s positive obligation to secure pregnant women’s right to effective respect for their physical and psychological integrity in several landmark judgments. In this way, it ensures the existence of effective mechanisms in countries with a poor record of implementing the right to a lawful abortion. Albeit at a minimum, the Strasbourg court offers protection, whereas the U.S. Supreme Court no longer does. (shrink)

At first blush, debt‐for‐nature swaps seem to provide win‐win solutions to the looming problems of environmental degradation and extreme poverty. So, one might naturally assume that they are morally permissible, if not obligatory. This article will argue, however, that debt‐for‐nature swaps are sometimes morally questionable, if not morally impermissible. It suggests that some criticisms of traditional (economic) conditions placed on loans to poor countries also apply to the (environmental) conditionality implicit in such swaps. The article's main theoretical contribution is to (...) suggest a general argumentative strategy for posing a challenge to the moral acceptability of many seemingly innocuous, or even apparently good, policies in the real world. Its discussion of how we should respond to seemingly tragic dilemmas (e.g. between protecting nature and respecting human rights) may also be of general interest. (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)

This paper represents a critical analysis of Eastern Orthodox perspective on Human Rights in two important official documents issued by some of the most prominent patriarchates: Moscow and Constantinople. They are compared and looked at from a public theology’s point of view as outlined by Max Stackhouse. At the same time, in this article it will be emphasized the fact that the same Eastern Orthodox theological tradition is to be credited for two significantly different approaches on the (...) topic at hand. The recorded differences are to be interpreted in such a manner as to account for a possible paradigm shift in Orthodox ‘rights talk’. But this shift is more evident in contact with Western environment where the Eastern Orthodox Christian tradition is just one of the religious and public voices in a pluralist, globalized and secularized society. (shrink)

This chapter contains sections titled: Introduction Cross‐Cultural Perspectives on Human Rights Democratic Participation in the Cultural Context Development as a Process of Self‐Enhancement from Within Conclusion.

The author discusses the sixteenth-century Protestant Reformation as a human rights movement. The Reformation not only laid the groundwork for religious human rights but also created the platform for the more expansive conceptions of individual liberty that shaped the political development of the West. The continuing importance of the churches in the human rights movement is affirmed.

The ethical issues we face in healthcare, justice, and human rights are global and cross-cultural in scope. The second edition of this interdisciplinary and international collection features new essays on the environment, medical tourism, mental health, vaccines, and other contemporary concerns.