산업 현장에서 직접 일을 하고 있는 근로자들은 매일매일 수많은 위험에 노출되어 있다. 이런 까닭에 위험한 일로 인해 생명과 건강을 위협받을 수 있는 근로자들의 안전성 문제는 실로 심각한 것이 아닐 수 없다. 언뜻 보면, 산업 현장에서 근로자들이 어떠한 위험 요소로부터도 생명과 건강을 위협받지 말아야 한다는 것은 폭넓은 동의를 얻고 있는 것처럼 보인다. 하지만 이 문제는 그렇게 단순하게 결론날 수 있는 성격의 문제가 아니다. 근로자의 안전성에 대한 논쟁은 어떠한 산업 현장이라도 모든 위험 요소가 완벽하게 제거된 완전히 안전한 작업장은 없다는 우선적 문제로부터 발생한다. (...) 그리고 다음으로 이러한 작업장에서 일을 하는 위험을 근로자들이 임금과 같은 이유 때문에 어쩔 수 없이 승인하게 된다는 문제로부터 발생한다. 이런 까닭에 이 문제에 대한 해답의 핵심은 작업 현장의 안전성 여부에 대한 근로자의 개인적 판단을 윤리적으로 어떠한 난점도 없는 진정한 자율적 판단으로 여길 것이냐 하는 데 있다. 즉, 기꺼이 받아들이고자 하는 진정한 자율적 선택이 아님에도 불구하고, 근로자 스스로 위험을 선택했다는 이유로 고용주나 경영자들이 수많은 산업재해를 근로자의 부주의 탓으로 여기는 경향에 우리가 과연 동조할 것이냐 하는 데 있다. 하지만 만일 그렇지 않다면, 우리는 생명과 건강을 위협받지 말아야 할 근로자의 안전성 문제를 도덕적 권리문제로 간주할 필요가 있다. 즉, 근로자가 자신에게 닥칠 위험을 임금이나 일자리와 거래하지 않고 모든 정보를 정확하게 제공받은 상태에서 진정한 자율적 선택을 할 수 있어야 한다는 도덕적 권리문제로 간주할 필요가 있다. 이 논문은 ‘근로자의 안전할 권리’를 근로자의 도덕적 권리로 수립하는 일을 목표로 하고 있다. 그리고 근로자의 안전권을 생명권과 같은 중요한 사항으로 정착시킬 필요가 있다는 관점에서, 이 논문은 근로자의 안전에 대한 권리를 좀 더 구체적으로 분석하고 있다. 이에 따라 근로자의 안전할 권리를 ‘위험에 대해 알 권리’로 먼저 논의하고 있다. 그리고 이보다 더 심화된 적극적 권리로서 ‘위험에 대해 선언할 권리’로 논의를 진행하고 있다. (shrink)

Accidental human immunodeficiency virus (HIV) infection of patients in health care settings raises the question about whether patients have a right to expect disclosure of HIV/AIDS diagnoses by their health workers. Although such a right – and the correlative duty to disclose – might appear justified by reason of standards of informed consent, I argue that such standards should only apply to questions of risks of and barriers to HIV infection involved in a particular medical treatment, not to disclosure of (...) personal diagnoses. Because the degree of risk of HIV infection is low and disclosure would also have damaging consequences for health workers, and because patient protection is available in other ways, it is argued that no such generalized right should be recognized. Keywords: duty to disclose, HIV infection, HIV/AIDS diagnosis, informed consent, right to know CiteULike Connotea Del.icio.us What's this? (shrink)

InWorkers, Unions, and Global Capitalism: Lessons from India, Rohini Hensman maintains that globalisation has afforded workers new opportunities for confronting capitalist exploitation. Using India as a point of departure, Hensman highlights globalisation as paradoxical, challenging anti-globalisers and the globalisation-as-imperialism thesis, to argue that capital’s toilers are now becoming its gravediggers. This analysis also explains why the World Trade Organization is so appealing to Hensman: a quintessence of capitalism’s contradictions. Hensman argues for both transnational solidarity and independent trade unions, embodied in (...) the ‘employees’ unions’ of India, as well as in favour of thewto’s ‘social clause’ amendment, in which the global exploiter is transformed into an arbiter of workers’ rights. The review maintains that the terms of Hensman’s twin position are impossible to reconcile. It evinces an underlying contradiction between opportunistic statism and a conception of revolutionary strategy predicated on action ‘from below’. (shrink)

This essay reflects upon the category of femonationalism as theorised in Sara Farris's book, In the Name of Women's Rights: The Rise of Femonationalism, with a focus on her critique of theories of populism. Farris's approach, it is argued, productively pinpoints the exceptional position of Muslim and non-western migrant women in the reproduction of the material conditions of social reproduction in western Europe. However, the force of Farris's Marxist theorisation of femonationalism is partly undermined by the absence of any (...) reference to the conditions of the countries these women come from. A critique of neoliberal capitalism, which centres on the problem of Muslim migrant workers in Europe, should not be indifferent to different complex configurations of Islam with capitalism. Furthermore, while Farris's account of the power politics of different factions in Europe and their fusion of reaction and emancipation is invaluable, she does not articulate her insights into a global politics of emancipation or anti-capitalist struggle. In other words, the book does not address the question of how migrant women could attempt to liberate themselves from their ‘victimhood’ under the conditions lucidly depicted in this book. (shrink)

This article contributes to the limited literatures on small- and medium-size enterprises and corporate social responsibility. Using an institutional theoretical framework, we analyzed fieldwork interviews with twenty SMEs and perspectives of 165 SME managers and workers in textiles, garment, and footwear industries, the most important wage-earning sector in Vietnam. Having understood in the context of a developing “market economy with socialist orientation”, we find that socially responsible practices and expectations developed long before the arrival of CSR as a western concept (...) and an MNC agenda. While identifying and contributing ideas concerning forms of “informal” CSR practices—influenced by social and cultural expectations—to the CSR/sme literature, we are conscious of the mixed effects of these practices and the ongoing nuanced negotiations between workers and managers in these SMEs. In our research, we found that it takes both domestic and international stakeholders to improve labor conditions in Vietnam under the banner of CSR. (shrink)

Health care ethics is a sensitive domain, which if ignored, can lead to patient dissatisfaction, weakened doctor–patient interaction and episodes of violence. Little importance has been paid to medical ethics within undergraduate medical education in developing countries such as Pakistan. Three doctors in Pakistan are currently facing an official police complaint and arrest charges, following the death of a sanitary worker, who fell unconscious while cleaning a drain and was allegedly refused treatment as he was covered in sewage filth. The (...) medical license of the doctors in question should be cancelled, if found guilty following a thorough investigation into the case. The ‘right to life’ has been universally assured by all moral, cultural and legal codes and no society can ever argue against the sacredness of a human life. It is quite clear that the aforesaid doctors’ actions are not only against the core principles of the physicians’ code, but also go against the doctrine of human rights. If serious efforts on an urgent basis are not made by the regulatory and governing bodies, one can definitely expect similar incidents for at least a few more decades before any noticeable change is seen. (shrink)

What does justice in the area of temporary migration require? In her excellent book, Justice for People on the Move, Gillian Brock argues that temporary migration arrangements that enable the movement of low-skilled workers from the developing to the developed world are outside the domain of ideal theory and cannot fully comply with the demands of those on the progressive side of politics. As a result, the right to family life becomes negotiable and so permissible for liberal states to either (...) deny entrance to family members or allow entrance to be conditional on financial self-sufficiency. In this essay, I argue that Brock is wrong in accepting the separation of parents and children as a direct or indirect cost of temporary migration arrangements that are sufficiently feasible. (shrink)

Human trafficking is both a human rights violation and the fastest growing criminal industry in the world. This article examines cross-border trafficking of girls and women in Nepal to India. It gives a brief explanation of what is meant by trafficking and then looks at the reasons behind trafficking. In Nepal, women and children are trafficked internally and to India and the Middle East for commercial sexual exploitation or forced marriage, as well as to India and within the country (...) for involuntary servitude as child soldiers, domestic servants, circus entertainment, and factory workers. Nepal and India are both signatories to international conventions and bound by domestic law to combat trafficking, and yet, this scourge continues. There are many laws in place, both in Nepal and India, which regulate the trafficking and prostituting of girls and women. This article looks at how effective these laws and regulations actually are and will look at the reasons for the continuation of trafficking. Despite the formal recognition of girl trafficking as a major problem and the existence of laws to curtail it, trafficking continues. The major problem with Nepal’s and India’s domestic laws is in the lack of enforcement. Finally, this article will look at ways to fight trafficking and make the governments of India and Nepal more effective in their fight against trafficking. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. This updated edition of The Ethics of Abortion critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also post-birth abortion. It also provides several (non-theological) justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view (...) that abortion is not wrong even if the human fetus is a person. The Ethics of Abortion examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother's life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being "personally opposed" but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are ethically wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. Updates and Revisions to the Second Edition include: --A response to Alberto Giubilini's and Francesca Minerva's now famous 2012 article, "After-Birth Abortion" in the Journal of Medical Ethics--Responses to new defenses of Judith Jarvis Thomson's violinist argument--The addition of a new chapter on gradualist views of fetal moral worth, including Jeff McMahan's Time-Relative Interest Account--The addition of a new chapter on the conscience protection for health care workers who are opposed to abortion--Responses to many critiques of the first edition, including those made by Donald Marquis, David DeGrazia, and William E. May. (shrink)

Globalisation may concern many different issues, among others, the increase in migration that creates opportunities for all. There should be no doubt that globalisation can bring both positive and negative effects to workers. It can be seen as new opportunities for people, because they can travel, work, learn and live in different countries. Simultaneously however it can be perceived as synonymous to job losses, social injustice, or low environmental, health, and privacy standards. As a result of globalisation, the world is (...) becoming more and more complex and the economic importance of state borders is reduced. It should therefore not raise doubts, that global problems require the capacity to agree on coordinated global responses and mechanisms on the basis of international cooperation. Among the basic international organisations which provide solutions for workers who have decided to look for a job in another country, one can generally mention the International Labour Organisation, the Council of Europe, and the European Union. There is quite a large number of legal acts created in the framework of those organisations, and so we should ask a question if in such a situation we should also try to understand some legal concepts; in our case concepts connected with taking up employment, in a similar way. Even if the answer is positive, another question comes to mind – is it possible to have such definitions in a global world? It is thus not enough to provide legal regulations concerning worker’s rights and obligations if we do not know who exactly should be treated like a worker. The following article will try to answer those questions and simultaneously try to show that globalisation may affect the way certain terms should be understood. (shrink)

This paper explores the current practice dilemmas and common ideologies that characterize inter-country adoption in Ireland and explores these issues through a child rights lens. The social and historical development and construction of adoption are examined in order to outline the broad parameters within which inter-country adoption occurs in Ireland. The role of social workers in this complex and specialized area of work is examined and some of the questions posed by adoption professionals are highlighted. A real consideration for (...) the best interests of children is put into perspective and the role of the social worker as a child rights advocate is given recognition. (shrink)

Si oblitus fuero tui, Jerusalem, oblivioni detur dextera mea.” When Jerome commented on Ps. 136.5, he interpreted the passage allegorically. Sitting in exile by the waters of Babylon, the Israelites had hung their harps on the willows and, in a foreign land, would not sing the songs of Zion. Yet they refused to forget their origin, preferring, as King James's translators put it, that “my right hand forget her cunning.” Jerome observes that this is always the hand whose work remembers (...) the Lord. Yet clearly, by the early fifth century, the idea of manual dexterity had become a trope, a figure in some higher argument. Augustine compares the “lower gods”, reduced to performing menial tasks in the administration of the universe, to workers in the silversmiths' quarter through whose many hands a vessel passes before it is finished, even if it could have been perfected by any skilled member of their team. Slightly more pragmatically, Justinian's Digest mentions a piece of silver plate, brought on approval to a client's house by a uascularius but then inadvertently destroyed, as an instance actionable under the laws of contract. (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

This article extends the theoretical discussion of counterpublics and applies the concept to an authoritarian context. The article contends that it is necessary to distinguish between the counterpublic oriented by liberal ideology that criticizes authoritarianism at an abstract level and the counterpublics that are concerned with substantive inequality. To illustrate the approach taken, the articulation of rural migrant workers’ rights between 1992 and 2014 is documented, demonstrating that, in the 1990s and early 2000s, most public discussion on the issue (...) tended to reduce workers’ rights to civil rights. It was not until the late 2000s that alternative forms of rights, such as social rights, were thematized. As the article argues, this was because the power balance between Counterpublic I and Counterpublic II had been changed. The empirical study explains the transformation and highlights the heterogeneity within Counterpublic II by comparing the diverse strategies employed by different actors. (shrink)

ASEAN agricultural workers represent one of the most vulnerable groups of workers regardless of citizenship. While bilateral agreements focus on general migration governance mechanisms, the specifics of agricultural workers’ rights and protections fall outside their scope. Due to the seasonal nature of cross-border agriculture, these are flexible precarious workers readily available to employers in the borderlands that often do not invest in worker health and social security. The Article reveals how foreign migrant agricultural workers with and without work permits (...) continue to fall between the gaps of national labor protection laws, due to both legal structural exclusions as well as the particular vulnerabilities of being noncitizen workers in remote, unsafe workplaces. This Article documents some of the developments during 20172019 in migrant employment in export cash crops. The next challenge for the future is developing mechanisms for bilateralism to lower migration costs, with a commitment to genuinely safe migration, as well as the establishment of long-term equitable working conditions for all migrant workers. The major findings demonstrate how the two main reasons for the discrepancies between the BLA and labor protections have to do with the noninterventionist approach of ASEAN and a series of technical exclusions in Thailand’s labor law and regulation. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

Compulsory (health) service contracts have recently received considerable attention in the normative literature. The service contracts are considered and offered as a permissible and liberal alternative to emigration restrictions if individuals relinquish their right to exit via contract in exchange for the state‐funded tertiary education. To that end, the recent normative literature on the service programmes has particularly focused on discussing the circumstances or conditions in which the contracts should be signed, so that they are morally binding on the part (...) of the skilled workers. However, little attention is devoted to the relevance of the right to exit for the debate on compulsory service programmes. In this paper, I argue that even if the service contracts are voluntary, and thus the would‐be medical students voluntarily relinquish their right to exit, the reasons behind the right should be taken into account for the contracts to be morally valid. A clear understanding of the right to exit is a must in order not to breach its basic components and for the service contracts to be morally binding. To that end, I provide two accounts of the reasons to value the right to exit by presenting Patti Lenard's discussion of the right to exit and by reconstructing James Griffin's account of human rights. I conclude by offering brief ethical considerations for compulsory health service programmes grounded in the reasons to value the right to exit. (shrink)

In June 2020, representatives of eight photography organizations addressed ongoing challenges to the industry by introducing the “Photo Bill of Rights,” asserting “the rights of all lens-based workers and defining actions that build a safer, healthier, more inclusive, and transparent industry.” The bill centers what “lens-based workers” are owed by the media organizations that employ them. This study analyzes the bill’s contents and the explicit and implicit values within it, finding that the bill presents a normative view of (...) the work environment lens-based workers should expect as a baseline. In so doing, the bill connects what lens-based workers owe their respective publics to what their employers owe those same workers. The bill highlights the enabling environment that these workers need to satisfy their obligations to the public. The bill reminds employers of their duty to create an equitable environment that can enable the fulfillment of public responsibility. (shrink)

: When health care workers migrate from poor countries to rich countries, they are exercising an important human right and helping rich countries fulfill obligations of social justice. They are also, however, creating problems of social justice in the countries they leave. Solving these problems requires balancing social needs against individual rights and studying the relationship of social justice to international justice.

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 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)

ACAS reports increasing disciplinary action against employees over expression that employers dislike. Given the prominence of social media in contemporary life, this is a significant current legal issue yet one which has attracted relatively little academic comment. This article examines the compatibility of unfair dismissal doctrine in this context with traditional liberal principle. Arguably, doctrine provides only flimsy protection. Although the common law recognises the importance of individual autonomy generally when determining rights claims, this well-established liberal value appears to (...) have little influence on unfair dismissal doctrine. The dominant academic view on realising greater workplace human rights protection through greater application of the proportionality principle is unlikely to address this problem; reconceptualisation of the substantive free speech right at stake is required. This article offers a strategy on how this might be achieved--and so how differences between practice and principle might be reconciled--through a sympathetic reading of the Strasbourg and UK jurisprudence and potential policy-maker intervention. (shrink)

We propose the ‘patient-worker’ as a theoretical construct that responds to moral problems that arise with the globalization of healthcare and medical research. The patient-worker model recognizes that some participants in global medical industries are workers and are owed worker's rights. Further, these participants are patient-like insofar as they are beneficiaries of fiduciary relationships with healthcare professionals. We apply the patient-worker model to human subjects research and commercial gestational surrogacy. In human subjects research, subjects are usually characterized as (...) either patients or as workers. Through questioning this dichotomy, we argue that some subject populations fit into both categories. With respect to commercial surrogacy, we enrich feminist discussions of embodied labor by describing how surrogates are beneficiaries of fiduciary obligations. They are not just workers, but patient-workers. Through these applications, the patient-worker model offers a helpful normative framework for exploring what globalized medical industries owe to the individuals who bear the bodily burdens of medical innovation. (shrink)

ABSTRACT The use of social media by extreme right groups and the self-proclaimed formation of the ‘alt-right’ in recent years have been linked to the rise in US white nationalism. Against a backdrop of widespread concern regarding the growing nature of the ‘alt-right’ phenomenon, this article responds to the pressing need to understand its appeal. Specifically, we examine the discursive means by which a hitherto unexamined US ‘alt-right’ group, the Traditionalist Worker Party, constructs its group identity and ideology online. Corpus (...) assisted discourse analysis of this group’s blog reveals that the Traditionalist Worker Party regularly mobilises five discourses in order to assert subject positions of victimhood for its members, alongside recurrent use of explicit out-grouping strategies. The out-groups are blamed for a general malaise – an uncertain, chaotic reality that can and must be changed through affiliation with the Traditionalist Worker Party. The study also shows that the Traditionalist Worker Party constructs itself a highly entitative group as a means to enhancing its recruitment appeal. (shrink)

The identification of human rights issues has become more prominent in statements from national and international nursing organisations such as the American Nurses Association and the United Kingdom’s Royal College of Nursing with the International Council of Nursing asserting that human rights are fundamental to and inherent in nursing and that nurses have an obligation to promote people’s health rights at all times in all places. However, concern has been expressed about this development. Human rights may (...) be seen as the imposition of legal considerations for nurses and other healthcare workers to bear in mind, as yet more responsibilities with the consequent fear of litigation. Although a more hopeful scenario is that consideration of human rights is something that is supportive of good practice. If this more hopeful scenario is to be realised, the role of education will be crucial. As with human rights generally, human rights education is a global phenomenon, a practice-orientated expression of the Universal Declaration of Human Rights, and the goal of human rights education is to build a culture of respect and action for human rights for all. However, the nature of human rights has long been contested. A ‘mapping exercise’ of the academic literature on human rights identified ‘four schools’ or ‘ideal types’ that have shaped thinking about human rights. This sets out the conceptual context in which human rights problems are defined and solutions are proposed, which is particularly important for human rights education. However, it also complicates the picture. The different approaches taken by the four ‘types’ would likely lead to different outcomes in terms of human rights education. It is timely to discuss the nature of human rights education and examine its potential for impact on patient care. This will involve identifying the challenges and potential benefits of this approach and analysing the implications for professional practice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Human Rights and the Ethics of Globalization by Daniel E. Lee and Elizabeth J. LeeGuenther "Gene" HaasHuman Rights and the Ethics of Globalization Daniel E. Lee and Elizabeth J. Lee Cambridge: Cambridge University Press, 2010. 264 pp. $27.99While there have been numerous books written on the nature of rights in a world of globalization, this book fills a gap by presenting a thoughtful and balanced (...) discussion that is firmly grounded in ethical theory yet takes into account the concerns of both nongovernmental organizations (NGOs) and the realities of the business world. The authors acknowledge that there can be naive troublemakers in NGOs and greedy people in business as well as socially concerned people in both groups.The book is divided into three parts. Part 1 deals with the philosophical foundations for addressing ethical issues in business within the context of globalization. Here the authors advocate for a limited, carefully defined notion of rights, properly noting that not everything of ethical significance falls under the notion of rights. The important distinction they make is between negative rights (the rights to life and freedom), which oblige us never to harm others, and positive rights (rights of entitlement, such as education, medical care, housing), which depend upon the various types of relationships, voluntary or involuntary, in which people find themselves. The former apply universally to neighbors near and far; the latter, because they are defined by relationships, apply primarily to neighbors near to us. With globalization distant neighbors often become near neighbors—for example, when a company builds a production facility in another country. In view of this, the authors argue that the Enlightenment’s individualistic understanding of rights is incomplete. A fuller version of rights (rooted in Aristotle) situates all humans in social communities where mutual charitable treatment is better suited to promoting human flourishing. With this in mind, the authors use the second form of Kant’s categorical imperative (“Always treat others as ends”) to map out some helpful practical guidelines for multinational corporations that are conducive to human well-being. Such guidelines seek to take into consideration all the constituencies that these organizations are called to serve—including shareholders, customers, employees, suppliers, and communities of location.In part 2 the authors draw on these philosophical foundations and practical guidelines to discuss ethical issues related to business practices in four different [End Page 198] countries: respect for human rights in China given the widespread practice of outsourcing; the condition of workers in Liberia where Firestone is the largest employer; free trade and fair trade issues related to coffee growers in Ethiopia; and the question of whether low-wage factories (maquiladoras) in Mexico exploit workers or provide economic opportunity for them. The authors provide a fair evaluation of each situation rooting their discussion in the nature of each respective business and the conditions over which it has direct control.Part 3 deals with the possibilities and challenges of dealing with multinational corporations that do not respect human rights. Although many argue for sanctions and treaty provisions, the authors argue that these approaches have their limitations. As an alternative, they recommend the Alien Tort Claims Act as the most promising means of enforcing human rights standards among American multinational corporations with overseas operations.This is an insightful and balanced book on human rights and social ethics precisely because it has a positive view of markets and is optimistic about achieving greater social responsibility in the business world. It will be helpful to all committed to promoting ethical business practices in a growing global economy—not only in the church and academy but also in the legal community and business world and in NGOs.Guenther HaasRedeemer University CollegeCopyright © 2013 Society of Christian Ethics... (shrink)

Human rights are a central part of a social worker's value base in contemporary practice, but the structures by which social work services are delivered can adversely affect practitioners? abilities to uphold service user rights. This article describes the organizational development of social work services in England and the evolution of a rights focus for the practice of social work. It uses two cases, participation by children and young people looked after by the local authority and (...) parents with learning difficulties, to determine what prevents the delivery of rights at practice level. We argue that the structures which are the product of historical development prevent workers delivering a service that is anti-oppressive and grounded in a rights-based approach to practice. This suggests that the recent changed arrangements for the delivery of social work offer the opportunity to address human rights within practice and reinvigorate the profession. The division of the profession between children's trusts and adult social services within separate local authority departments or care trusts should make dialogue between specialist social workers, which has been suppressed by internal structures, possible. Such a dialogue could contribute to saving the profession from the disintegration that its division threatens, while advancing the human rights agenda. (shrink)

I recall an old man selling Paul Lafargue’s Right to be Lazy on a busy street in the Latin Quarter in the 1980s. At the time, I was writing then my first book on the history of work time and leisure and felt by seeing this strange and grumpy man so energetically promoting the nearly forgotten work of Marx’s son-in-law somehow vindicated in my efforts. Paul Lafargue’s pamphlet makes an interesting assumption: The “natural” state of human being was relaxation and (...) that only a century or so of propaganda convinced the naïve worker and labor movement to embrace the doctrine of the “right” to work. The industrial revolution had produced the craziness of workers’ overproduction and legions of savants and servants for the small utterly unbusy rich. Once freed from the illusion of the right to work, machines, Lafargue insisted, would liberate us all from the drudgery of labor and let us live as the ancient Greek philosophers had dreamed—but without the dependence upon slaves. Lafargue’s view was hardly unique for its day. Many in the late nineteenth century believed that overwork caused production gluts and the irrational excesses of the rich. Busyness was a false doctrine of modern capitalism that was devoted to endlessly extending and intensifying work. Before and after him, many fought to win freedom from busyness with the reduction of worktime. But Lafargue’s dream that mechanical progress would liberate humanity from labor hardly happened. Instead, the “overproduction” that ceaseless toil created was “absorbed” by mass consumption. Even the “wastefulness” of the rich and their minions came to be seen merely as indifferent contributions to the Gross Domestic Product. So what happened? (shrink)

Certification programs seek to promote decent work in global agriculture, yet little is known about their gender standards and implications for female workers, who are often the most disadvantaged. This study outlines the gender standard domains of major agricultural certifications, showing how some programs (Fair Trade USA, Rainforest) prioritize addressing gender equality in employment and others (Fairtrade International, UTZ) incorporate wider gender rights. To illuminate the implications of gender standards in practice, I analyze Fairtrade certification and worker experience on (...) certified flower plantations in Ecuador, drawing on a qualitative and quantitative field research study. (1) I show how Fairtrade seeks to bolster the wellbeing of female workers, addressing their workplace needs via equal employment, treatment, and remuneration standards and their reproductive needs via maternity leave and childcare services. My research demonstrates that for female workers, addressing family responsibilities is critical, since they shape women’s ability to take paid jobs, their employment needs, and their overall wellbeing. (2) I show how Fairtrade seeks to bolster the rights of women workers through individual and collective capacity building standards. My findings reveal how promoting women’s individual empowerment serves as a precondition for collective empowerment, and how targeting traditional labor rights is insufficient for empowering female workers, since their strategic choices are curtailed largely outside the workplace. While Fairtrade certification bolsters the wellbeing and rights of female workers in and beyond the workplace, much still needs to be done before women can claim their rights as workers and citizens. (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)

Background Ethical behavior of health workers is an important part of health services. The aim of the present study was to determine the relationship between ethics and professional commitment and its relationship with the level of respect for patient rights in medical students. Material & methods A cross-sectional descriptive study was conducted with the participation of nursing, midwifery and emergency medicine students of Ilam University of Medical Sciences. Sampling was done by stratified random method. The data was collected using (...) Demographic, Professional Commitment, Professional ethics and a researcher made questioner on compliance with patient rights questionnaires. Results 300 students were participated. The results showed that the average score of professional ethics in middle school students is high (64.07 ± 8.01), the average score of professional commitment is also high (64.07 ± 8.01) and the score of respect for patient rights is also high (10.74). ± 83.46) was obtained. The professional ethics score it showed a positive and statistically significant relationship with the patient’s rights compliance score. only professional commitment is related to gender, but the average of all three variables in different age groups and the type of residence (dormitory, private home, etc.) have meaningful statistical difference. Conclusion The findings of the study show that the level of ethics and professional commitment and respect for patient rights among nursing, midwifery and emergency medicine students was good. It is hoped that the results of this research will provide a basis for better planning for the development of knowledge and respect for patient rights among students. (shrink)

Stigmatization and sharming of healthcare workers in Japan during the coronavirus 2019 pandemic reveal uniquely Japanese features. Seken, usually translated as ‘social appearance or appearance in the eyes of others,’ is a deep undercurrent woven into the fabric of Japanese life. It has led to providers who become ill with the SARS-CoV-2 virus feeling ashamed, while concealing their conditions from coworkers and public health officials. It also has led to healthcare providers being perceived as polluted and their children being told (...) they were not welcome in schools. Although such experiences are not isolated to Japan and have appeared in other parts of the world, the cultural forces driving them in Japan are unique. Overcoming stigmatization and shaming of Japanese healthcare providers will require concerted efforts to understand cultural barriers and to view such practices as raising human rights issues affecting the safety and well-being of all. (shrink)

Workers in the garment manufacturing industry are often subjected to violations of their rights and are exposed to low wages and difficult working conditions. In response to the exposure of these violations in the media, major fashion brands and retailers subject their suppliers to labour codes of conduct. Despite these codes of conduct being largely ineffective, this comparative case study of garment manufacturers operating from Lesotho and Eswatini illustrates that such codes provide workers and trade unions with access to (...) bargaining leverage that they would otherwise not have. A framework with a synthesis of potential sources of workers’ power is developed and related to global production networks, collective mobilisation, the nature of the state, as well as national and transnational scales of organising. Based on historical case studies of the two countries, this paper illustrates how unions in the two countries followed different approaches to using this source of power in relation to other sources of power. These approaches were shaped by their contexts and strategic choices. Theoretically, it is argued that sources of workers’ power are analytically distinct, but are relational and operate best when seen as mutually reinforcing. The term ‘power resource nexus’ is used to frame this potential mutual reinforcement of sources of power. (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)

ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian (...) ideals and values. Specifically, I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics. (shrink)

This paper explores how women workers in Bangladeshi garment factories are misrecognised and not represented in the apparel industry through focussing on two enacted collective compliance measure agreements adopted by global brands to improve safety and working conditions. Our paper draws on Amartya Sen’s rights-based approach to capabilities as a means of explaining the narratives of women trade union leaders and the experiences of women factory workers’ status in their workplace and in the industry. Specifically, we examine how a (...) strategy of misrepresentation and nonrecognition of the women factory workers is being played out in the multi-stakeholder initiatives of compliance codes which leads to a lack of consideration for the basic human rights of the women workers. Our paper contributes to the discussion regarding how the politics of ethical procurement becomes visible through an exclusionary approach in managing the apparel global production network despite the favourable consensus regarding the compliance codes. (shrink)

There is a growing phenomenon of brand advocacy, where brands pressure a producer country government to take pro-worker actions such as respecting the rights of activists and raising minimum wages. This article examines the potential and limits of brand advocacy by developing a conceptual framework and analysing three recent cases of brand advocacy in Cambodia's garment industry. The study shows that brands' action and influence are shaped by issue salience, mobilization structures, political opportunities/contexts, and resource dependency. This article makes (...) both empirical and theoretical contributions. This is one of the first studies delving into the advocacy role of brands in promoting labour rights and conditions vis-à-vis government. Moreover, the article develops a testable framework specifying the conditions under which brands are likely to respond, act collectively, and influence government for pro-worker change. It also offers novel insights by applying social movement lenses and casting brands as social movement actors. (shrink)

Faced with high levels of unemployment and discrimination in Poland, Polish women have made up a very large proportion of those leaving the former Communist states of central Europe, to work in EU member states. They have constituted a large undocumented migrant workforce in Europe, usually working as domestic workers and carers in the informal economy. Poland’s membership of the EU is starting to regulate Polish women’s work abroad and to increase their access to better paid and skilled work in (...) the formal labour market. New market-led immigration policies in Europe are still selective and restricted however. What Polish women really need from the EU is help in securing a new framework of gender equality and equal treatment in Poland that offers hope for an improvement in their rights at home. (shrink)

This article identifies and explores the dilemma of migrant advocacy in advanced industrial democracies, focusing specifically on the contemporary United States. On the one hand, universal norms such as human rights, which are theoretically well suited to advancing migrants' claims, may have little resonance within national settings. On the other hand, the debates around which immigration arguments typically turn, and the terrain on which advocates must fight, derive their values and assumptions from a nation-state framework that is self-limiting. The (...) article analyzes the limits of human rights arguments, discusses the pitfalls of engaging in national policy debates, and details the challenges for advocates of advancing the cause of policy reform and shifting the frame for thinking about migration over the long term. (shrink)

Dear Comrades, On Saturday the 18th of September, I received what purports to be a ‘backgrounder’ on Alliance revenue policy. I say ‘purports’ because as a backgrounder it leaves a lot to be desired. a) Anyone not already familiar with the issues would have considerable difficulty working out what the dispute is all about. b) You would expect a REAL backgrounder on what is a controversial matter within the federal Party to present BOTH sides of the question. This ‘backgrounder’ is (...) a one-sided polemic in favour of one option, an option which breaks with previous Alliance policy and which is vehemently opposed by at least ONE of the federated parties (the NLP). It is true that the document is a badly argued and not very convincing polemic, but its defects as a polemic don’t add up to virtues as a backgrounder. This reply is an attempt a) to explain the issues, b) to argue for the alternative option and c) to respond to the backgrounder. It is a labour I perform with some reluctance and not a little difficulty since I don’t have access to much of the relevant data. I resent the fact that I have had to spend so much time on this task when a more even-handed backgrounder or a companion piece explaining the NLP’s alternative would have saved me the trouble. Undemocratic attempts to manipulate the debate - which is what this backgrounder seems to be - are not just shabby in themselves: they tend to waste the time and the energy of party workers. (shrink)

This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland (...) from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today. (shrink)

Theological ethics provides a framework for at least adequately resolving the dilemma inherent in the issue of employee rights: the tension between individual rights and organizational authority. The central question is what consitutes the human dignity of the worker. The Roman Catholic theological tradition centers on the concept of human dignity and recognizes the causal relationship between how one's social conditions are divided and structured and the realization of one's human dignity. The author discussed why and how this (...) tradition provides a useful methodology for resolving the employee rights debate. (shrink)

In 1991, the CDC recommended that health care workers (HCWs) infectedwith HIV or HBV (HbeAg positive) should be reviewed by an expert paneland should inform patients of their serologic status before engaging inexposure-prone procedures. The CDC, in light of the existing scientificuncertainty about the risk of transmission, issued cautiousrecommendations. However, considerable evidence has emerged since 1991suggesting that we should reform national policy. The data demonstratesthat risks of transmission of infection in the health care setting areexceedingly low. Current policy, moreover, does (...) not improve patientsafety. At the same time, implementation of current national policy atthe local level poses significant human rights burdens on HCWs.Consequently, national policy should be changed to ensure patient safetywhile protecting the human rights of HCWs. This article proposes a newnational policy, including: (1) a program to prevent bloodborne pathogentransmission; (2) a responsibility placed on infected HCWs to promotetheir own health and well-being and to assure patient safety; (3) adiscontinuation of expert review panels and special restrictions forexposure-prone procedures; (4) a discontinuation of mandatorydisclosure of a HCW's inflection status; and (5) the imposition ofpractice restrictions if a HCW is unable to practice safely because of aphysical or mental impairment or failure to follow careful infectioncontrol techniques. A new national policy, focused on management of theworkplace environment and injury prevention, would achieve high levelsof patient safety without discrimination and invasion of privacy. (shrink)

This article examines the challenges that transnational women’s migration poses to state-centered conceptions of rights. It reviews global perspectives on gender justice that are being developed by Western feminist philosophers and transnational migrant rights activists, and argues that these frameworks are contributing to imagining the moral geographies necessary for the protection of women migrants’ human rights and welfare. Specifically, based on discussion of the issues and strategies that Indonesian migrant workers’ organizations employ in relation to international human (...) rights discourse, the article argues that adequate conceptualizations of justice must focus on the ways in which transnational gendered inequalities are produced—and indeed must be addressed—across “local,” “national,” and “global” spaces and scales. These arguments, now commonplace in the discipline of geography, are offered as an elaboration of the spatial elements of feminist philosophical conceptions of global justice. (shrink)

This essay explores the mutual reinforcements between socioeconomic precarity and right-wing populism, and then envisions a politics that contests Trumpism through workers’ organizations that create alternatives to predominant patterns of subject formation through work. I first revisit my recent critique of precarity, which initiates a new method of critical theory informed by Paulo Freire’s political pedagogy of popular education. Reading migrant day laborers’ commentaries on their work experiences alongside critical accounts of today’s general work culture, this “critical-popular” procedure yields a (...) conception of precarity with two defining characteristics. First, precarity is socially bivalent: it singles out specific groups for especially harsh treatment even as it pervades society. Second, precarity constitutes subjects through contradictory experiences of time in everyday work-life, exacerbated by insoluble dilemmas of moral responsibility. Antonio Vásquez-Arroyo’s conception of “political literacy” and Bridget Anderson’s notion of “migrantizing the citizen,” in turn, help us understand how precaritization blocks workers from developing the critical dispositions toward time needed for democratic citizenship. This analysis then makes it possible to elucidate, in dialogue with Daniel Martinez-HoSang and Joseph Lowndes, how precaritized worker-citizenship facilitates the cross-class and multiracial appeal of Trumpism’s white supremacist discourse of national economic decline and resurgence, while normalizing the temporal affects of shock and violence characteristic of Trumpism, as theorized by Lia Haro and Romand Coles. Day laborers’ worker centers, I argue, refunction precaritized time, regenerate political literacy, and migrantize the citizen. A large-scale alternative to right-wing populism thus could emerge if the worker center network were expanded throughout the economy. (shrink)

This doctoral thesis within applied ethics consists of four articles together with a cover essay. All articles concern the ethics of skilled health worker emigration from under-served and resourcepoor regions, often referred to as ‘medical brain drain’. Methodologically, the thesis utilizes normative ethical theory to analyse the justifiability of temporary or long-term emigration restrictions, such as compulsory health service programmes, that are employed by developing countries with the aim of safeguarding their needs for health care provision. Such programmes restrict the (...) mobility of individual health workers and give rise to conflicts between different types of rights and interests. -/- The ethics of skilled worker emigration warrants an exploration of the ethical implications of such restrictive programmes for different stakeholders, such as the under-served countries and health workers; and a clarification of the rights and duties of the concerned parties. This thesis provides a thorough analysis and clarification of such rights restrictions and offers theoretically and empirically grounded recommendations as to how they ought to be managed. Rights theory and accounts of individual responsibilities are employed to assess the acceptability of restrictive health service programmes. -/- In brief, the thesis (a) discusses the conditions under which individual health workers may have responsibilities to attend to the basic health needs of a population, (b) explicates the rights at stake such as the freedom of movement and the right to exit, (c) offers insight into what it means to restrict one’s right and its implications and (d) suggests ways for conflicting rights and interests to be balanced and resolved. Taken together, the thesis presents a nuanced approach towards individual responsibilities in under-served contexts and an improved understanding of the right to exit as well as the implications of restricting the right. The thesis also contributes to the ethics of skilled worker emigration with a discussion on the responsibilities of skilled workers when the other parties do not fulfil their fair share of responsibilities. (shrink)

Brazilian society has frequently been described as polarized during the country’s recent political and economic crisis. In 2018, a wave of opposition to the centre-left Workers’ Party culminated in the election of Jair Bolsonaro, a right-wing populist who portrays the political left as a malevolent force in Brazilian society. In this paper I explore this polarization through drawing on ethnographic research with the Homeless Workers’ Movement (Movimento de Trablhadores Sem-Teto, MTST), a large urban social movement that develops settlements on underutilized (...) land in the city, and a prominent civil society opponent of Bolsonaro. More specifically, I examine a key site of socio-spatial tension in São Paulo, Paulista Avenue, as a new political right came to predominate on the city’s main thoroughfare during the campaign to impeach the Workers’ Party President, Dilma Rousseff. I show how the perceived intolerance of the mobilized right helped to establish new normative codes that regulated the political symbolism which could be displayed in public spaces. Lastly, I consider how the vilification of the MTST in particular and the political left in general by the new right is embedded in broader structures of stigmatization. (shrink)