This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

Barbarism was by no means unique to the past 100 years, Jonathan Glover tells us, but ''it is still right that much of 20th-century history has been a very unpleasant surprise.'' This was the century of Passchendaele, Dresden, Nanking, Nagasaki and Rwanda; of the Final Solution, the gulag, the Great Leap Forward, Year Zero and ethnic cleansing -- names that stand for killings in the six and seven figures and for suffering beyond comprehension. The technological progress that inspired the optimism (...) of the Victorians turned out also to multiply the effects of old-fashioned evil and criminal stupidity. (shrink)

Background: Although the link between adolescents’ health choices in relation to rights, duties and responsibilities is acknowledged, little is studied in this subject. Aim: To identify, describe and synthesize previous studies on adolescents’ health choices in relation to rights, duties and responsibilities. Ethical considerations: Ethical approval is not needed as it is an integrative review of published literature. Method: The integrative review was used to review and synthesize current knowledge. Electronic and manual searches from 2009 to March 2014 (...) were used to systematically identify earlier studies. Results: The review identified 13 studies. Adolescents’ health choices were linked to unsuccessfully exercised rights, arising from questioned autonomy and freedom, and their duties were hardly mentioned. Conclusion: Research into adolescents’ health choices in relation to their rights, duties and responsibilities is still methodologically fragmented. In future, more research is needed to support adolescents’ health promotion initiatives and increase their involvement opportunities. (shrink)

Background: Adolescents’ health choices have been widely researched, but the ethical basis of these choices, namely their rights, duties, and responsibilities, have been disregarded and scale is required to measure these. Objective: To describe the development of a scale that measures adolescents’ rights, duties, and responsibilities in relation to health choices and document the preliminary scale testing. Research design: A multi-phase development method was used to construct the Health Rights Duties and Responsibilities ( HealthRDR) scale. The concepts (...) and content were defined through document analysis, a systematic literature review, and focus groups. The content validity and clarity of the items were evaluated by expert panel of 23 adolescents, school nurses, and researchers. We calculated the content validity index and the content validity ratio at on item and scale levels. Preliminary testing was conducted with 200 adolescents aged 15–16 years. Descriptive statistics, Cronbach’s alpha correlation, and statistics for the item-analysis were calculated. Ethical considerations: Ethical approval and permission were obtained according to national legislation and responsible research practice was followed. Informed consent was obtained from the participants and the parents were informed about the study. Findings: The Health Rights Duties and Responsibilities scale comprises of four sub-scales with 148 items: 15 on health choices, 36 on rights, 47 on duties, and 50 on responsibilities. The items had a 0.93 content validity index and a 0.85 content validity ratio. Cronbach’s alpha correlation coefficient was 0.99 for the total scale and the individual sub-scales scores were health choices (0.93), rights (0.97), responsibilities (0.99), and duties (0.98). Discussion: The findings are discussed in light of the ethical concepts and validity and reliability of the developed scale. Conclusion: The Health Rights Duties and Responsibilities scale defines and understands adolescents’ rights, duties, and responsibilities in relation to health choices and has good content validity. Further testing and refinement of the concepts are needed. (shrink)

Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of moral (...) consideration to some intelligent social robots: it sketches a novel argument for moral consideration based on social relations. It is shown that to further develop this argument we need to revise our existing ontological and social-political frameworks. It is suggested that we need a social ecology, which may be developed by engaging with Western ecology and Eastern worldviews. Although this relational turn raises many difficult issues and requires more work, this paper provides a rough outline of an alternative approach to moral consideration that can assist us in shaping our relations to intelligent robots and, by extension, to all artificial and biological entities that appear to us as more than instruments for our human purposes. (shrink)

This paper seeks to explore why women’s participation in the Jordanian workforce remains comparatively low—despite an increase in the number of employed women across many countries and regions. Focusing on the Jordanian private sector, where the greatest disparities lie, we assess the conformity between the provisions that regulate family-related rights in the workplace within national labour law and international law. From this examination, we conclude that whilst law offers the potential for significant positive change in the Jordanian labour (...) market, and notwithstanding the labour law reforms which took place between 2000 and 2020, the underlying structure of the existing laws is inimical to the goal of women’s full participation. Using a women’s rights perspective, we argue that, instead of piecemeal reform, the labour law sphere must be revised as a whole to better accommodate respect for women’s needs in the workplace. This change must be underpinned by family-friendly legislation, which, as our study shows, is a key factor in alleviating some of the major challenges facing women workers. (shrink)

Human rights have always been an acute ideological issue. The peaceful coexistence of states with different social systems does not imply any relaxation of ideological struggle; but this struggle has to be carried on within a definite framework, without slander or interference in the domestic affairs of other states. Otherwise, it will undermine international détente, which is incompatible with any spread of suspicion, mistrust, or hostility in relations among nations. Détente implies mutual respect for the sovereignty and the laws (...) and customs of states. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, they (...) are preconditioned on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

I argue that despite the various ways in which Fichte separates right from morality in his 1796/97 Foundations of Natural Right, he nevertheless suggests in the writings from the period of his professorship at the University of Jena that there is a reciprocal relation between them. This requires, however, reading the Foundations of Natural Right in the light of The System of Ethics, which was published in 1798, especially the account of the ethical duties deriving from a person's membership of (...) a profession that Fichte gives in this work. Although this approach allows us to attribute to Fichte a different conception of the state to the amoral one found in the Foundations of Natural Right, I argue that the separation of right from morality developed in this work remains valid and amounts to one of Fichte's main achievements, namely, his identification of the different dispositions that may characterize an individual's relation to the society in which he or she lives. This point is developed by comparing Fichte's amoral conception of the state to Hegel's account of civil society as the ‘state of necessity’. This does not involve an attempt to turn Fichte into Hegel but to show how the insights contained in Fichte's distinction between right and morality can be illuminated with reference to Hegel's theory of civil society and can be retained in the face of a powerful criticism that Hegel makes of the kind of contract theory of the state offered by Fichte. ☆ This article was written during a post-doctoral fellowship supported by the South African National Research Foundation. I would like to thank Lawrence Hamilton for his comments on an earlier version of the article. (shrink)

The idea of right relation embodies mutuality and personal autonomy. Disagreement, anger, chaos, pain and helplessness are openly recognised within the community rather than suppressed in order to maintain what is held in common. Right relation has both personal and political benefits, and enables the promotion of love and justice in church and society. Sadly, right relation has often been far from the practice of church and, as a result, many Christian feminists have preferred to build right relation outside the (...) church based on ideas of sisterhood and friendship. This paper explores the possibilities for personal and political relationships both within and beyond the church. Since the practice of church is inevitably connected to our understanding of the divine, the paper will also explore how the divine can be part of right relation. (shrink)

The paper begins by defending the Hohfeldianaccount of rights (as equivalence relations) from thecharge that it cannot capture their specialsignificance, and thus cannot be used in a right-basedmoral theory. It goes on to argue that, because of amisunderstanding of this relational account, theconception of right-based morality that has emerged inrecent years has been variously flawed from theoutset. A particular form of explanatory priority waswrongly taken to be essential, and then eitherincoherently combined with equivalence, or taken to bea reason for (...) rejecting equivalence where right-basedthinking is concerned. In fact, this form of priorityis not sufficient for establishing a right-based moraltheory. It is also not necessary, since theHohfeldian analysis can be shown to be entirelyadequate to meeting the original aims of thoseproposing this approach to ethics. (shrink)

Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) (...) concerns over child’s information and health needs, (c) claims for wrongful birth and wrongful life, (d) the role of donors and physicians, (e) posthumous reproduction etc. In addition, the role of national and international law has been emphasized for an efficient system of functioning and delivery. This paper is an attempt to explore the pressing claims to reproductive choices, coupled with a marked increase in demand for legislative intervention in India. (shrink)

Rights-based approaches (RBAs) are increasingly gaining favour among practitioners in the field of natural resource conservation and management. RBAs are a non-binding operational framework through which conservation actors can integrate human rights standards and principles into the design, planning, implementation, monitoring, and evaluation of projects and programmes. In addition to promoting the human rights of local populations, it is also argued that RBAs may hold benefits for conservation initiatives. This article draws on existing research on the social (...) psychology of procedural fairness to develop a relational account of how and whether RBAs may enhance levels of legitimacy and cooperation in conservation. This relational account stresses the importance of fair experiences for generating positive feelings of legitimacy and associated cooperative behaviour among individuals interacting with organisations or authorities. On the whole, this article suggests that if RBAs can ensure respect for the human rights of local populations, they have the potential to engender fair experiences and related positive institutional effects, thereby significantly strengthening the overall effectiveness of conservation initiatives. (shrink)

In this article I draw on resources from the African philosophical tradition to construct a theory of human rights grounded on dignity that presents a challenge to the globally dominant, autonomy-based approach. Whereas the latter conceives of human rights violations as degradations of our rational nature, the former does so in terms of degradations of our relational nature, specifically, our capacity to be party to harmonious or friendly relationships. Although I have in the past presented the basics of (...) the Afro-relational approach, in this article I defend it from objections and also go on the offensive by arguing that understanding the human rights violations of torture and rape to be (roughly) behavior that treats innocent parties in an extremely discordant or unfriendly way is, if not more plausible than standard Kantian understandings, then at least a promising alternative to them. (shrink)

The general aim of this paper is to elucidate Kant's juridical understanding of the duty not to lie and to situate it within his account of ‘The right of a state’ and of ‘The right of nations’. The first section will introduce the distinction Kant draws between two senses in which a liar can be said to wrong another, namely, ‘materially’ and ‘formally’. The second section will be devoted to clarifying what Kant means by a ‘formal wrong’ (or a ‘wrong (...) in general’), by focusing on his use of this concept in the context of international relations. The third section will examine why a liar can be said to always do wrong ‘formally’. And the fourth section will show that what holds for individuals also holds for states in their mutual relationships: they are never to deceive one another, not even when innocent lives are at stake, because doing so would ‘subvert the right of human beings as such.'. (shrink)

In this challenging book, Ted Benton takes recent debates about the moral status of animals as a basis for reviewing the discourse of “human rights.” Liberal-individualist views of human rights and advocates of animal rights tend to think of individuals, whether human or animals, in isolation from their social position. This makes them vulnerable to criticisms from the left which emphasize the importance of social relationships to individual well-being. Benton’s argument supports the important assumption, underpinning the cause (...) for human rights, that humans and other species of animal have much in common, both in the conditions for their well-being and their vulnerability to harm. Both liberal rights theory and its socialist critique fail adequately to theorize these aspects of human vulnerability. Nevertheless, it is argued that, enriched by feminist and ecological insights, a socialist view of rights has much to offer. Lucid and wide-ranging in its argument, Natural Relations enables the outline of an ecological socialist view of rights and justice to begin to take shape. (shrink)

After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The role (...) of science in societies and its benefits and potential danger were discussed in various international fora, but hardly ever in a human rights context. Nowadays, within a world that is increasingly turning to science and technology for solutions to persistent socio-economic and development problems, the human dimension of science also receives increased attention, including the human right to enjoy the benefits of scientific progress and its applications. This contribution analyses the possible legal obligations of States in relation to the right to enjoy the benefits of scientific progress and its applications, in particular as regards health. (shrink)

The further development of public health ethics will be assisted by a more direct engagement with political theory. In this way, the moral vocabulary of the liberal tradition should be supplemented—but not supplanted—by different conceptual and normative resources available from other traditions of political and social thought. This article discusses four lines of further development that the normative conceptual discourse of public health ethics might take. The relational turn. The implications for public health ethics of the new ‘ecological’ or ‘relational’ (...) interpretation that is emerging for concepts such as agency, self-identity, autonomy, liberty and justice. Governing the health commons. The framework of collective action problems is giving way to notions of democratic governance and management of common resources. The concept of membership. Membership is specified by the notions of equal respect and parity of voice and agency. The concept of mutuality. Mutuality is specified by the notions of interdependent concern and care. (shrink)

The moral status of animals is a subject of controversy both within and beyond academic philosophy, especially regarding the question of whether and when it is ethical to eat meat. A commitment to animal rights and related notions of animal protection is often thought to entail a plant-based diet, but recent philosophical work challenges this view by arguing that, even if animals warrant a high degree of moral standing, we are permitted - or even obliged - to eat (...) meat. Andy Lamey provides critical analysis of past and present dialogues surrounding animal rights, discussing topics including plant agriculture, animal cognition, and in vitro meat. He documents the trend toward a new kind of omnivorism that justifies meat-eating within a framework of animal protection, and evaluates for the first time which forms of this new omnivorism can be ethically justified, providing crucial guidance for philosophers as well as researchers in culture and agriculture. (shrink)

My claim is that Arendt founds the 'right to have rights' in the anarchic event of natality. Arendt is very explicit that the event of natality is an ontological event. In The Human Condition, she writes: "The miracle that saves the world, the realm of human affairs, from its normal "natural" ruin is ultimately the fact of natality, in which the faculty of action is ontologically rooted." At the same time, she is equally insistent that this ontological event is (...) not metaphysical; it is not the origin of anything like human nature: "To avoid misunderstanding, the human condition is not the same as human nature and the sum total of human activities and capabilities which correspond to the human condition do not constitute anything like human nature". Indeed, this event has the character of a "startling unexpectedness." Natality, she argues, is the condition for human existence, but it can never "…explain what we are or answer the question of who we are for the simple reason that [it] can never condition us absolutely". The 'who' does not possess an enduring, fixed nature, but is instead inherently marked by contingency and unpredictability. Arendt's ontology, therefore, does not describe an immutable order of essences; it does not seek enduring truths upon which to ground both thought and action; it does not posit a metaphysical notion of human nature or subjectivity in which human rights are inalienably inscribed. Instead, it is rooted in an unpredictable, anarchic event that provides the arche and principium of human action. For Arendt, the event of natality is the arche in the double etymological sense of origin and rule. In other words, natality is the unpredictable, anarchic origin that carries its rule or principle within it. As she points out in On Revolution, "What saves the act of beginning from its own arbitrariness is that it carries its own principle within itself or, to be more precise, that beginning and principle, principium and principle, are not only related to each other, but are coeval." Arendt goes on to argue: "For the Greek word for beginning is arche, and arche means both beginning and principle." By articulating this principium, Arendt does not give us an ontological politics; rather, she provides an ontological foundation for human rights. (shrink)

This chapter contains sections titled: Demands for Equality Demands for Recognition Demands for Self‐Determination Shifting the Grounds of Liberalism Notes.

I seek to advance plausible replies to the several criticisms Kai Horsthemke makes of ‘African Modal Relationalism’, his label for my theory of animal rights with a sub-Saharan pedigree. Central to this view is the claim that, roughly, a being has a greater moral status, the more it is in principle capable of relating communally with characteristic human beings. Horsthemke maintains that this view is anthropocentric and speciesist, is poorly motivated relative to his egalitarian-individualist approach, and does not have (...) the implications that I contend. I aim to rebut these and related criticisms, contending that African Modal Relationalism is in fact a promising way to philosophically ground animal rights. (shrink)

Artificial intelligence holds great promise for improved health‐care outcomes. But it also poses substantial new hazards, including algorithmic discrimination. For example, an algorithm used to identify candidates for beneficial “high risk care management” programs routinely failed to select racial minorities. Furthermore, some algorithms deliberately adjust for race in ways that divert resources away from minority patients. To illustrate, algorithms have underestimated African Americans’ risks of kidney stones and death from heart failure. Algorithmic discrimination can violate Title VI of the Civil (...) Rights Act and Section 1557 of the Affordable Care Act when it unjustifiably disadvantages underserved populations. This article urges that both legal and technical tools be deployed to promote AI fairness. Plaintiffs should be able to assert disparate impact claims in health‐care litigation, and Congress should enact an Algorithmic Accountability Act. In addition, fairness should be a key element in designing, implementing, validating, and employing AI. (shrink)

Although the patient’s right to decide what they want for themselves, which is encompassed in the notion of ‘patient-centred medicine’ and ‘informed consent’, is widely recognised and emphasised in Japan, there remain grave problems when it comes to respecting the wishes of the no-longer-competent when death is imminent. In general, it is believed that the concepts above do not include the right to refuse treatment when treatment withdrawal inevitably results in death, even when the patient previously expressed the wish to (...) exercise this right when competent. In this paper, I first explain the current social and legal situation in Japan, where the lack of legal clarity regarding the right to reject treatment tends to result in doctors adopting the interpretation of patients’ words that is least conducive to treatment withdrawal. I then argue that the right to refuse treatment should be taken seriously, even when the patient is no longer competent, or the treatment refusal will result in death. I suggest that the concept of relational autonomy might have some practical and valuable implications in a country where individual autonomy is considered incompatible with societal values. Finally, I answer possible objections to relational autonomy and address the widespread societal concern about sliding down the slippery slope from allowing the right to refuse treatment to the obligation to die. (shrink)

Background: Identifying and safeguarding ethics in eHealth services from the service users’ perspective in social care and healthcare is important. The use of eHealth services should not prejudice the quality of services or the social interaction required in care. There is a lack of studies about the ethics of eHealth services from the service users’ perspective. Aim: The aim of this study is to identify and analyse ethical issues related to eHealth in social care and healthcare from the service (...) users’ perspective. Research design: An integrative literature review. Ethical considerations: The review followed good scientific conduct. Research context and data sources: A systematic literature search was performed using CINAHL, Scopus, PubMed/MEDLINE, Web of Science, Cochrane Library and Academic Search Premier to find relevant empirical studies published in English from their earliest up to 30 November 2018. In addition, reference lists from the identified research papers were searched. A quality appraisal of each paper included in the review was conducted before thematic analysis. Results: In total, 26 studies were included in the review, and from these four ethical themes were identified: (1) privacy in eHealth, (2) beneficence and nonmaleficence in eHealth, (3) justice in eHealth and (4) trust in eHealth. The ethical issues within these themes were related to information sharing; ownership; access to information and data protection; informed consent; defence of rights; and equity, equality and proportionality of response. Conclusion: eHealth inequality occurs in social care and healthcare. eHealth service designers and social care and healthcare professionals need to act to maintain and improve user access and data accuracy and provide different levels of security in eHealth services, relative to the information stored. There is a need for further research about ethical issues of eHealth from the user’s perspective, including the customer-oriented availability and usability of eHealth services which avoid discrimination. (shrink)

By drawing on hermeneutico-dialogical principles, the approach developed here seeks to advance the global implementation of a viable human rights regime in a manner commensurate with the preservation of culture-specific differences. To this end, the present article undertakes to elucidate the conditions under which the ongoing intercultural debate about rights might yield a more productive outcome through fostering the implementation of the international human rights regime in a manner that can do justice to core intra-cultural beliefs, values (...) and practices. Chief among these are: a commitment to moving beyond universalism and relativism as polarized alternatives; endorsement of the comparable validity and dialogical equality of established traditions and cultures; valorization of mutual understanding and learning as the regulative orientation most conducive to yielding potentially transformative advances across cultures in the theory and practice of human rights; and acknowledgment of the need for both external and internal accountability. As contended throughout, these conditions apply equally both to modernist and to traditionalist cultures and call, correspondingly, for a rethinking of entrenched presuppositions in both domains. In defending these conditions, the dialogical approach poses a severe challenge to core presuppositions of the strong universalist stance, as endorsed by some prominent contributors to the contemporary debate about the cross-cultural implementation of human rights. Key Words: culture • dialogue • Hans-Georg Gadamer • Jürgen Habermas • hermeneutics • human rights • relativism • universalis. (shrink)

What moral and spiritual resources do churches have to open space for transforming and making new relations with and among Aboriginal communities? What values best express justice and are cross-culturally appropriate? Who decides on the terms and how? When are moral agency and responsibility aptly configured within unevenly structured relations of power? With special attention to the United Church of Canada and to voices of Aboriginal and non-Aboriginal women, I explore elements of an ethical framework in dialogue with the Royal (...) Commission on Aboriginal Peoples. The Commission suggests three roles that religious institutions can play: to foster awareness and understanding; to participate in public discussion; and to advocate at the local level in situations of conflict. On what grounds can each role be adequate in practice and what are some ingredients for ethical guidelines? I suggest what moral agenda and basis might confirm the claims of ecclesial potential. (shrink)

Workplace democracy is often defined, and has recently been defended, as a form of intra-firm governance in which workers have control rights over management with no ownership requirement on their part. Using the normative tools of republican political theory, the paper examines bargaining power disparities and moral hazard problems resulting from the allocation of control rights and ownership to different groups within democratic firms, with a particular reference to the European codetermination system. With various qualifications related to (...) potentially mitigating factors, such as workforce and shareholder composition or risk aversion and reallocation, the paper contends that forms of workplace democracy in which workers control and own the firm, such as cooperativism, are preferable to other forms, such as codetermination, in which ownership and control rights are formally separated. (shrink)

Several advocates of the lively field of “metaphysics of science” have recently argued that a naturalistic metaphysics should be based solely on current science, and that it should replace more traditional, intuition-based, forms of metaphysics. The aim of the present paper is to assess that claim by examining the relations between metaphysics of science and general metaphysics. We show that the current metaphysical battlefield is richer and more complex than a simple dichotomy between “metaphysics of science” and “traditional metaphysics”, and (...) that it should instead be understood as a three dimensional “box”, with one axis distinguishing “descriptive metaphysics” from “revisionary metaphysics”, a second axis distinguishing a priori from a posteriori metaphysics, and a third axis distinguishing “commonsense metaphysics”, “traditional metaphysics” and “metaphysics of science”. We use this three-dimensional figure to shed light on the project of current metaphysics of science, and to demonstrate that, in many instances, the target of that project is not defined with enough precision and clarity. (shrink)

Many of the interests protected by public law are regularly violated by powerful private actors. Analysing the application of public law rights to the private sphere, this book develops a theoretical framework for the application of human and constitutional rights in relations between private parties.

There is more to modern health than new scientific discoveries, the development of new technologies, or emerging or re‐emerging diseases. World events and experiences, such as the AIDS epidemic and the humanitarian emergencies in Bosnia and Rwanda, have made this evident by creating new relationships among medicine, public health, ethics, and human rights. Each domain has seeped into the other, making allies of public health and human rights, pressing the need for an ethics of public health, and revealing (...) the rights‐related responsibilities of physicians and other health care workers. (shrink)

Extant business research has not addressed the ethical treatment of individuals with psychiatric disabilities. This article will describe previous research on individuals with psychiatric disabilities drawn from rehabilitation, psychological, managerial, legal, as well as related business ethics writings before presenting a framework that illustrates the dynamics of (un)ethical behavior in relation to the employment of such individuals. Individuals with psychiatric disabilities often evoke negative reactions from those in their environment. Lastly, we provide recommendations for how employees and organizations can (...) become more proactive in providing individuals with such disabilities equal employment opportunities for both access and accommodation in the workplace. (shrink)

Genetic testing has familial implications. Counsellors find themselves in (moral) conflict between medical confidentiality (towards the patient) and a potential right or even duty to warn at-risk relatives. Legal regulations vary between countries. English literature about German law is scarce. We reviewed the literature of relevant legal cases, focussing on German law, according to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines. This article aims to familiarise counsellors with their responsibilities, compare the situation between countries and point out (...) legally unresolved areas.According to the German Genetic Diagnostics Act (Gendiagnostikgesetz) in case of an ‘avoidable or treatable’ genetic disorder, geneticists ought to confine themselves to the obligated advice to the patient. Whether a breach of the duty of confidentiality can be justified in exceptional cases by ‘necessity as justification’ for actively informing relatives at risk remains legally unclear. In case of a ‘neither avoidable nor treatable’ genetic disease, geneticists should also refrain from actively informing relatives as the justifiable state of emergency does not permit to break the duty of confidentiality. (shrink)

This paper examines the question of whether human rights are related to ontology. It examines perspectives on this question from human rights theories in the Western and African traditions of philosophy and defends the thesis that a good account of human rights requires an explicit ontology of the human, and that taking this seriously engenders divergent conclusions about what rights are. It then proceeds to claim that the African Charter on Human and Peoples’ Rights (...) adds substantive features to the International Bill of Human Rights, and that the Charter expresses Kwame Gyekye’s ontology of the human being. (shrink)

This paper considers the prospects for a theory of intergenerational rights in light of certain ontologies of time. It is argued that the attempt to attribute rights to future persons or obligations to present persons towards future persons, faces serious difficulties if the existence of the future is denied. The difficulty of attributing rights to non-existent future persons is diagnosed as a particularly intractable version of the ‘problem of cross-temporal relations’ that plagues No-Futurist views like presentism. I (...) develop a version of the problem of cross-temporal relations regarding cross-temporal normative relations. I then consider and reject various solutions to the problem available to No-Futurists. The upshot of the discussion is that which ontology of time we choose sets constraints on the kinds of explanations we may offer for our future-directed obligations. (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)

While National Human Rights Institutions are widely regarded as particularly promising tools in the emerging transnational regime for the regulation of business and human rights, we still know little about their potential and actual contribution to this field. This article bridges the gap between business and human rights research and NHRI scholarship, proceeding in three steps: Firstly, I analyze the structural conditions for NHRIs to tackle business-related human rights abuses effectively, focusing on the key conditions (...) of legitimacy and competences. Secondly, I examine the envisaged role and functions of NHRIs in business and human rights regulation according to the Paris Principles and the UN Guiding Principles. Thirdly, I reconstruct and critically assess NHRIs’ mandates and powers to address corporate human rights abuse, based on the analysis of surveys and reports. I argue that there is a significant mismatch between the essential structural conditions for effective NHRI engagement with business and human rights, the expected contribution of NHRIs to the prevention and remedy of corporate human rights abuses, and the limitations of their mandates and powers in practice. To overcome that misalignment and unlock NHRIs’ full potential, this article proposes a reform of the Paris Principles which would provide these institutions with a robust source of international legitimacy and increase the pressure on state governments to extend their powers. (shrink)

The duty to respect, protect and help the family rights is related very closely with the organization of work in the firm. This paper summarizes and illustrates, using mini-case studies, the relationship between the organization of work in companies and the family rights and duties of employees.

National governments in almost all developing countries have begun to decentralize policies and decision making related to development, public services, and the environment. Existing research on the subject has enhanced our understanding of the effects of decentralization and thereby has been an effective instrument in the advocacy of decentralization. But most analyses, especially where environmental resources are concerned, have been less attentive to the political coalitions that prompt decentralization and the role of property rights in facilitating the implementation (...) of decentralized decision making. By comparing decentralization in four cases in South Asia—Forest Councils in Kumaon in India, Joint Forest Management in India, the Parks and People Program in Nepal's Terai, and Community Forestry legislation in Nepal—this article provides answers to two questions: When do governments decentralize environmental decision making? and Which types of property rights must be devolved if decentralized decision making is to be effective? (shrink)

The conjunction of wireless computing, ubiquitous Internet access, and the miniaturisation of sensors have opened the door for technological applications that can monitor health and well-being outside of formal healthcare systems. The health-related Internet of Things (H-IoT) increasingly plays a key role in health management by providing real-time tele-monitoring of patients, testing of treatments, actuation of medical devices, and fitness and well-being monitoring. Given its numerous applications and proposed benefits, adoption by medical and social care institutions and consumers may (...) be rapid. However, a host of ethical concerns are also raised that must be addressed. The inherent sensitivity of health-related data being generated and latent risks of Internet-enabled devices pose serious challenges. Users, already in a vulnerable position as patients, face a seemingly impossible task to retain control over their data due to the scale, scope and complexity of systems that create, aggregate, and analyse personal health data. In response, the H-IoT must be designed to be technologically robust and scientifically reliable, while also remaining ethically responsible, trustworthy, and respectful of user rights and interests. To assist developers of the H-IoT, this paper describes nine principles and nine guidelines for ethical design of H-IoT devices and data protocols. (shrink)

This article, while disclosing the conception of rights, their relation to law and their nature, presents the constructive criticism and motivated support of legal personalism, i. e. the original theory presented by prof. A. Vaišvila. This article presents the criticism of terms “positive law” and “natural law”. It emphasizes that the term “natural rights,” while historically very important and common, is rarely used of late. The primary reason for its fall from favor seems to be that it was (...) used in too many different ways and therefore ceased to be useful. So, the author, while defending the indispensable relation between law and morals, offers the term “good morals” instead of “natural law” and also offers to refuse the usage of terms “positive law” and “natural law”. This article represents the view that morality is the source of law. The author accepts a position asserting that the terms “human rights”, “natural rights” and “fundamental moral rights” are synonymous. However, some institutional rights (for example, social rights) flow from statutes, but not morals. (shrink)

Background: Demographic trends indicate growth of population aged 65 and older in Western countries. One of the greatest challenges is to provide high-quality care for all. Technological solutions designed for older people, gerontechnology, can somewhat balance the gap between resources and the increasing demand of healthcare services. However, there are also ethical issues in the use of gerontechnology that need to be pointed out. Purpose: To describe what ethical issues are related to the use of gerontechnology in the care (...) of community-dwelling older people. Methods: A scoping review was performed to identify and analyse studies concerning ethical issues when using gerontechnology in the home care of older people. The literature search was limited to studies published after 1990 and addressed to the electronic databases CINAHL, PubMed, Cochrane, Medic, IEEE Explore and Web of Science. The search was performed in July−August 2018. Data from empirical studies were analysed using thematic analysis. Ethical considerations: This scoping review was conducted in accordance with good scientific practice. The work of other researchers was respected and cited appropriately. Results: A total of 17 studies were identified. Two main themes were found. ‘Balancing between the benefits of using gerontechnology and the basic rights of older people’, consisted of the subthemes safety, privacy and autonomy. The other main theme, ‘Gerontechnology as a risk of insecurity for older people’, included the subthemes fear of losing human contact and concern and fear. Surveillance and monitoring technologies were mainly studied. Conclusion: These results suggest that there may be ethical issues related to the use of gerontechnology and they must therefore be taken into consideration when implementing technology in the care of community-dwelling older people. (shrink)