This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender’s relationship to law? This article explores (...) this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to ‘slow law' as a credible way of approaching radical reform. Second, it explores the design-based challenges of legal prototyping—foregrounding questions of legitimacy, participation, and purpose, which arise in designing a decertification law. At the heart of this discussion is the relationship between representation and enactment—between what a proposal presents and what its presentation does and does not accomplish. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the (...) manifestations of world poverty, inviting the reader to rethink human rights, and, in particular, the framing of responsibilities that are essential to their contemporary protection. (shrink)

Climate change threatens humanity more than anything else. If we talk of nationalism, we ought therefore consider its pros and cons in light of the climate emergency. Anatol Lieven believes that civic nationalism along the lines of Chaim Gans, David Miller, and Yuli Tamir helps combat global warming. He thinks that when nationalists recognize that climate change is just as threatening to the survival of their nation-state as wars, they will make the sacrifices necessary to avert the threat. In this (...) view, the military has an important role, and migration will have to be restricted. In this paper, I show that this solution is at best highly risky, and more probably unsound. However difficult it will be to realize, addressing climate change must be based on international cooperation, normatively grounded in human rights. I show how international law rather than civic nationalism gives us examples of how to go forward. (shrink)

Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the (...) manifestations of world poverty, inviting the reader to rethink human rights, and, in particular, the framing of responsibilities that are essential to their contemporary protection. (shrink)

While human rights law has evolved to provide guidance to governments in realizing human rights in public health emergencies, the COVID-19 pandemic has challenged the foundations of human rights in global health governance. Public health responses to the pandemic have undermined international human rights obligations to realize the rights to health and life, human rights that underlie public health, and international assistance and cooperation. As governments prepare for (...) revisions of global health law, new opportunities are presented to harmonize global health law and human rights law, strengthening rights-based governance to respond to future threats. (shrink)

Digital transformation and “artificial intelligence (AI)”—which can more adequately be called “data-based systems (DS)”—comprise ethical opportunities and risks. Therefore, it is necessary to identify precisely ethical opportunities and risks in order to be able to benefit sustainably from the opportunities and to master the risks. The UN General Assembly has recently adopted a resolution aiming for ‘safe, secure and trustworthy artificial intelligence systems’. It is now urgent to implement and build on the UN General Assembly Resolution. Allowing humans and the (...) planet to flourish sustainably in peace and guaranteeing globally that human dignity is respected not only offline but also online, in the digital sphere, and in the domain of DS, requires two policy measures: (1) human rights-based data-based systems (HRBDS): HRBDS means that human rights serve as the basis of digital transformation and DS. (2) International Data-Based Systems Agency (IDA): IDA should be established at the UN as a platform for cooperation in the field of digital transformation and DS, fostering human rights, security, and peaceful uses of DS, as well as a global supervisory institution and regulatory authority in digital transformation and DS. The establishment of IDA is realistic because humanity has already shown in its past that we are able to not always “blindly” pursue the technically possible but also to limit ourselves to what is technically feasible when humanity and the planet are at stake. For instance, humans researched the field of nuclear technology, developed the atomic bomb, and detonated it several times. Nonetheless, the same humans limited research and development in the field of nuclear technology to prevent even worse consequences by establishing the International Atomic Energy Agency (IAEA) at the UN. (shrink)

One of the nation's leading military ethicists, Louis P. Pojman argues that globalism and cosmopolitanism motivate the need for greater international cooperation based on enforceable international law. The best way to realize the promises of globalism and cogent moral arguments for cosmopolitanism, Pojman contends, is through the establishment of a World Government.

Building on research regarding the influence of national identity salience on attitudes towards international institutions and the impact of nationalism on foreign policy preferences, in a case study of America, I explore the role of chauvinistic nationalism to understand its impact on attitudes towards international jurisdiction of punishment for alleged human rights violations by members of the American military. Using binomial regression of survey responses from the 2014 Cooperative Congressional Election Study, I find that respondents with (...) higher levels of chauvinistic nationalist sentiment also have higher levels of opposition to the jurisdiction of international legal institutions to prosecute members of a nation’s military. This study is the first of its kind to offer a systematic and multivariate explanation for public opinion towards the jurisdiction of international human rights institutions over a nation’s armed forces using national survey data. (shrink)

Human rights have occupied a variety of roles in the course of history of the European Union. They played a negligible role at the outset, overlooked by the original Treaty of Rome and, even today, the Union's formidable associations with free trade, the single market, and regulation might suggest that it cannot be primarily defined as a human rights organization. The Charter of Fundamental Rights of the European Union has at last acquired binding force, provision (...) is made for the European Union to accede to the European Convention on Human Rights (ECHR), and the Court of Justice of the European Union (CJEU) is to have greater powers of judicial review in the field of police and judicial cooperation in criminal law, an area of obvious relevance to human rights. This chapter highlights some significant developments in the Court's fundamental rights jurisprudence. (shrink)

The Ethics of Interdependence explores new global human rights duties through four case studies: mass incarceration in the United States, LGBT rights in Africa, women's rights in Saudi Arabia, and environmental rights in China. William Felice presents a 'human rights threshold' to identify unacceptable levels of human suffering that require urgent action by individuals, nations, and global institutions"--Provided by publisher.

The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” (...) in the realm of international relations. This is, for obvious reasons, a controversial view, especially given the powerful and important arguments purporting to show that democracies do significantly better than nondemocracies in promoting internal peace and equality, and in engaging in peaceful international cooperation. Both proponents and opponents of the Rawlsian view of human rights have argued that the view implies that democracies may not “promote democracy” in nondemocratic societies. But, given that all parties to this dispute agree that democracy is necessary for justice, and given the important instrumental goods provided by democracy, the Rawlsian view has seemed deeply implausible to many. -/- In this paper I blunt this challenge to the Rawlsian view by showing how, even if there is no human right to democracy, we may still rightfully promote democracy in a number of ways and cases. Showing this requires investigation of what it means to “promote democracy”, and a more careful inspection of when various methods of promoting democracy are appropriate than has been done by most political theorists working on human rights. When we look carefully, we can see that in some instances acceptable forms of promoting democracy are compatible with the Rawlsian view of human rights, and that this view is therefore not vulnerable to the “instrumentalist” challenge. We also see how, if political philosophy is to be useful, it must be less abstract and look closely at actual cases. -/- This paper posted by permission of the Board of Trustees of the Leland Stanford Junior University. For information visit the Stanford University website. (shrink)

In this article, Gostin and Archer explore the varied lenses through which governments are obligated to address humanitarian needs. States’responsibilities to help others derive from domestic law, political commitments, ethical values, national interests, and international law. What is needed, however, is clarity and detailed standards so that States can operationalize this responsibility, making it real for developing countries. Transnational cooperation needs to be more effective and consistent to provide assistance for the world's poorest and least healthy people.

A subtitle for this paper might have been ‘The ugly face ofVerstehen’, for it asks whether the theory ofVerstehenhas, to switch metaphors, ‘dirty hands’. By the theory ofVerstehen, I mean the constellation of concepts—life, experience, expression, interpretative understanding—which, according to Wilhelm Dilthey, are essential for the study of human affairs, thereby showing that ‘the methodology of the human studies[Geisteswissenschafteri]is … different from that of the physical sciences’ :1 for in the latter, these concepts have no similar place. Even (...) critics of Dilthey tend to agree that his heart, if not his head, was in the right place: thatVerstehenwas designed as an antidote to ‘dehumanizing’ attempts by positivists to reduce the categories used in explaining human behaviour to just those equally operative in the physical sciences. As Dilthey himself put it, ‘there is no real blood flowing in the veins’ of human beings as examined by the positivists and their precursors: they do not treat of ‘the whole man’. The idea ofVerstehen, it seems, is doubly humane: a humanizing approach to the humane studies. (shrink)

Public health decisions made by the state involve considerable disagreements on the course of actions, uncertainties, and compromises that arise from moral tensions between the demands of civil liberties and the goals of public health. With such complex decisions, it can be extremely difficult to arrive at and justify the best option. In this article, we propose an ethical decision-making framework based on the philosophy of Ubuntu and argue that in sub-Saharan African settings, this approach provides attractive alternative conventions of (...) moral decision-making and a useful language for understanding moral reasoning and ethics. Through its emphasis on humanity, compassion, and social responsibility, Ubuntu (“I am because we are”) has the potential to facilitate solutions to and avert conflicts between individual rights and public health. The use of Ubuntu shifts the moral reasoning and ethics of decision-making from a field of philosophy shaped by the global north, to the everyday values, decision-making, and consequent practices of people in much of Africa. Using examples of Ebola, pandemic influenza, and tuberculosis, we illustrate how Ubuntu can be applied to tackle conflicting ethical problems in public health and medicine. (shrink)

This book is based upon a lecture series that took place between September 2013 and May 2014 to inaugurate the new Canadian Museum for Human Rights. It brings together some of the most influential contemporary thinkers on the theory and practice of human rights.

Identifying what is wrong with the demise of wildlife requires prior identification of the human sentiment which is offended by that demise. Attempts to understand this in terms of animal rights (individual or species) and the benefits of wildlife to human beings or the wider environment are rejected. A diagnosis of this sentiment is attempted in terms of our increasing admiration, in the conditions of modernity and postmodernity, for the 'harmony' or 'at homeness' of wild animals with (...) their environments. The diagnosis is defended against certain misunderstandings, and implications are tentatively drawn from it for environmental education and the management of wildlife. (shrink)

This article looks at the history of the stem cell as an experimental life-form and situates it within the context of biological theories of cellular ageing which emerged in the 1960s, under the banner of ‘biogerontology’. The field of biogerontology, I argue, is crucially concerned not only with the internal limits to a cell's lifespan, but also with the possibility of overcoming limits. Hence, the sense of ‘revolution’ that has surrounded the isolation of human embryonic stem cells. The article (...) goes on to situate the problematic of cellular ageing within the larger historical transition from Fordist to post-Fordist modes of production – a transition whose effects on the life sciences have been insufficiently theorized – and points to resonances between the concerns of biogerontology and an emerging political rhetoric on the crisis of ageing and limits to growth. Having surfaced in parallel with the neo-liberal euphoria of the 1990s, the field of regenerative medicine presents itself as a biomedical solution to the problem of limits to growth. What is at stake in the contemporary biosciences, I suggest, is not so much the mass commodification of life itself as its transformation into a source of speculative surplus value. (shrink)

In the final chapter of his Ineffability and Religious Experience, Guy Bennett-Hunter proposes that the ineffable may be ‘bodied forth’ through works of art and ritual, and hence engage with our lives. By way of supporting this proposal, this paper discusses some relationships between experiences of music and of natural environments. It is argued that several aspects of musical experience encourage a sense of convergence or intimacy between human practice and nature. Indeed, these aspects suggest a codependence between culture (...) and nature. The paper continues by proposing that a sense of this co-dependence fosters the further sense of cultural and environmental experience as an integrated whole whose ‘ground’ must be entirely mysterious and ineffable. It is concluded that, if this is right, then music and other cultural practices indeed bring the ineffable into engagement with human life. (shrink)

The highest attainable standard of health is a fundamental human right, which has been part of international law since 1948. States and their institutions are the primary duty bearers responsible for ensuring that human rights are respected, protected, and fulfilled. However, more recently it has been argued that pharmaceutical companies have a coresponsibility to fulfill the human right to health. Most prominently, this coresponsibility has been expressed in the United Nations Millennium Goal 8 Target 4. (...) “In cooperation with pharmaceutical companies, provide access to affordable essential drugs in developing countries.”. (shrink)

My principal aims are to question the conventional wisdom on two points. First, it argues that cognitive understanding is neither identical with nor reducible to knowledge?why, and that it is a multiform capacity which adds value to knowledge, true belief, and human creative activity. Essential to understanding is epistemic ascent, the rising above bare knowledge, to assess, appraise, compare, contrast, emphasize, connect and so on. Different modes of understanding are distinguished and an accompanying vocabulary of mode?indicators (expressing Fregean ?colour'). (...) Second, I argue for the unity and continuity of understanding and reject any Diltheyesque idea of a great divide between so?called ?explanation? and ?understanding?, a divide which has sometimes been used to make a sharp demarcation between the natural sciences and the humane studies and sciences. A connection between humane and natural?scientific understanding is established through the Linkage Principle. The idea that there is in every case a uniquely right understanding is rejected and the role of multiple descriptions in both the natural sciences and humane understanding is emphasized. (shrink)

Although psychoanalysis and Zen Buddhism derive from theoretical and philosophical assumptions worlds apart, both experientially-based traditions share at their heart a desire for the understanding, development, and growth of the human experience. Paul Cooper utilizes detailed clinical vignettes to contextualize the implications of Zen Buddhism in the therapeutic setting to demonstrate how its practices and beliefs inform, relate to, and enhance transformative psychoanalytic practice. The basic concepts of Zen, such as the identity of the relative and the absolute and (...) the foundational principles of emptiness and dependent-arising, are given special attention as they relate to the psychoanalytic concepts of the unconscious and its processes, transference and countertransference, formulations of self, and more. In addition, through an analysis of apophasis, a unique style of discourse that serves as a basic structure for mystical languages, he provides insight into the structure of the seemingly irrational Zen koan in order to demonstrate its function as a pedagogical and psychological tool. Though mindful of their differences, Cooper’s intent throughout is to illustrate how the practices of both Zen and psychoanalysis become internalized by the individual who engages in them and can, in turn, inform one another in mutually beneficial ways in an effort to comprehend the ramifications of an individual or collective expanding vision. (shrink)

One feature of the neo/liberal possessive self is the propertied character of certain beliefs: treated as belonging to those who hold them, recognized and supported in acting on the world, and protected. While an ownership paradigm predates anti-discrimination and human rights regimes, these regimes have consolidated and extended the propertied status of certain identity beliefs in ways that naturalize and siloize them. But if beliefs’ propertied character is politically problematic, can it be unsettled and reformed? This paper considers (...) one possible mode for doing so, namely play. Oftentimes, play works to secure and assert the propertied attachments people have to their beliefs; but some forms of play offer other possibilities. Focusing on the state as a complex site of play relations and encounters, this article explores how state play engages identity beliefs in a contemporary legal drama of colliding beliefs between conservative Christians and liberal gay equality advocates. (shrink)

Against the growing trend in philosophy toward naturalistic analysis, Kant’s Critique of the Power of Judgment has gained significant attention. Some scholars suggest that Kant’s insights bear on our aesthetic appreciation of nature, others on our account of the life sciences. In this paper I draw these lines of inquiry together to identify two overlooked dimensions of Kant’s project: the role of moral hope in problematizing the limits of natural science and the role of culture in providing a solution. Kant (...) argues that we cannot think consistently unless we are able to conceive of nature as a domain that is hospitable to human freedom. His response is to identify the productive capacity of the imagination to transform the material of nature into something more. While the prevailing conception of nature today is at best indifferent and at worst antagonistic to human habitation, this dimension of Kant’s work has much to bear on contemporary thought. (shrink)

After acquiring knowledge of the neuroscience of learning, memory, stress and emotions, teachers incorporate more cognitive engagement and student-centered practices into their lessons. However, the role understanding neuroscience plays in teachers own affective and motivational competencies has not yet been investigated. The goal of this study was to investigate how learning neuroscience effected teachers’ self-efficacy, beliefs in their ability to teach effectively, self-responsibility and other components of teacher motivation. A pilot training-of-trainers program was designed and delivered in Liberia combining basic (...) neuroscience with information on social, emotional, behavioral and mental health issues faced by students. Tier I of the professional development was a 2 weeks workshop led by a visiting neuroscientist. A subset of the 24 Tier I secondary science teachers formed a Leadership Team who adapted the content to the Liberian context and subsequently led additional workshops and follow-up sessions for the Tier II secondary science teachers. Science teachers in both tiers completed the affective-motivational scales from the internationally vetted, multiscale Innovative Teaching for Effective Learning Teacher Knowledge Survey from the OECD. Tier II teachers completed the survey in a pre-post-delayed post design. Tier I teachers completed the survey after the workshop with their attitudes at that time and separately with retrospective projections of their pre-workshop attitudes. Ten of the 92 Tier II teachers participated in structured interviews at follow-up. Statistical analysis of survey data demonstrated improved teacher self-efficacy, self-responsibility for student outcomes, and motivation to teach. Qualitatively, teachers expressed more confidence in their ability to motivate students, engage them through active learning, and manage the class through positive rather than negative reinforcement. Teachers’ own self-regulation improved as they made efforts to build supporting relationships with students. Together, these results demonstrated that (i) teacher affective-motivational attitudes can be altered with professional development, (ii) basic neuroscience, as knowledge of how students learn, can improve teacher competency, and (iii) a training-of-trainers model can be effective in a low and middle income country for disseminating neuroscience knowledge, increasing teachers’ knowledge of students’ social and emotional needs, and promoting educational improvement. (shrink)

Old Havana: Spirit of the Living City artistically captures the architecture, people, and daily life of La Habana Vieja through the lenses of two visionary photographers and colleagues, one American and the other Cuban. Chip Cooper and Néstor Martí began collaborating in 2008, documenting the picturesque features of the oldest and most historically rich quarter in Cuba's capital city at the behest of Eusebio Leal Spengler, the historian of the city of Havana and the director of the Habana Vieja restoration (...) project. Cooper's and Martí's images highlight the spirit of change and renewal underlying the restoration of this international treasure and its revival as a vibrant business and residential area. Inspired by the work of twentieth century American photographer Walker Evans, Cooper and Martí, through perspectives both unique and deeply entwined, capture the humanity of the city, in a language at once universal and transcendent. (shrink)

The Nicomachean Ethics announces itself as a treatise on the highest human good, the “end” (t°low) of human life—eÈdaiµon€a or happiness. In the last chapter of the work (X 9) Aristotle makes it clear that the study of the happy lives of contemplation and political leadership, the virtues, friendship, and pleasure that has by then been carried out in investigating that good—these are the leading themes of the Ethics that he mentions there (1179a33-35)— leaves the treatise’s objectives not (...) yet completely achieved. He began the work by saying (I 1- 2) that the study it contains is intended as a contribution to “political knowledge” (politikØ §pistƵh) or the political capacity or power (dÊnaµiw).1 Its work will not be complete, he now says, until a successful reader (or hearer) has been brought actually to possess that knowledge or power—political knowledge, that is, the fully accomplished capacity for expert political engagement in affairs of state. In effect, the reader of the Nicomachean Ethics needs now to learn, further, the subjects of study to which Aristotle’s own Politics is devoted. Before the aim announced at the beginning of the Ethics can be achieved—that is, before we can fully define and explain in the right sort of way the highest human good, or eÈdaiµon€a (I’ll say more in just a moment about what this right sort of way is)—we need, as he puts it in NE X 9 (1180a32 ff.), to become expert in the establishment of good laws (noµoyetikÆ) and good constitutions (polite›ai, cf. 1181b14, 19, 21). One might find this a surprising claim. As Aristotle himself is in no doubt, eÈdaiµon€a is a feature of the lives of individual persons. On his account it is an activity, or a unified set of ac-. (shrink)

For the past two decades, the humanistic disciplines have been dominated by poststructuralist theories and, more recently, a not unrelated curricular philosophy best defined as hardline multiculturalism, much discussed and often misunderstood. When linked together, they form an internal contradiction that is the moral challenge of liberal education today. Traditional political alignments cannot explain current divisions among the humanities professoriate. Ideological quarrels only obscure a deeper moral debate between an ascendant poststructuralism and a resurgent liberal humanism. It is important to (...) reappropriate liberal humanism in an effort to revitalize humanistic inquiry and renew its place in creative public discourse, and check a danger posed by poststructuralism's fascination with power and epistemological relativism which threaten to erase the ethical border between education and indoctrination. (shrink)

ABSTRACT In spite of vast global improvements in living standards, health, and well‐being, the persistence of absolute poverty and its attendant maladies remains an unsettling fact of life for billions around the world and constitutes the primary cause for the failure of developing states to improve the health of their peoples. While economic development in developing countries is necessary to provide for underlying determinants of health – most prominently, poverty reduction and the building of comprehensive primary health systems – inequalities (...) in power within the international economic order and the spread of neoliberal development policy limit the ability of developing states to develop economically and realize public goods for health. With neoliberal development policies impacting entire societies, the collective right to development, as compared with an individual rights‐based approach to development, offers a framework by which to restructure this system to realize social determinants of health. The right to development, working through a vector of rights, can address social determinants of health, obligating states and the international community to support public health systems while reducing inequities in health through poverty‐reducing economic growth. At an international level, where the ability of states to develop economically and to realize public goods through public health systems is constrained by international financial institutions, the implementation of the right to development enables a restructuring of international institutions and foreign‐aid programs, allowing states to enter development debates with a right to cooperation from other states, not simply a cry for charity. (shrink)

This article offers a thorough analysis of the unintended impact economic sanctions have on political repression—referred to in this study as the level of the government respect for democratic freedoms and human rights. We argue that economic coercion is a counterproductive policy tool that reduces the level of political freedoms in sanctioned countries. Instead of coercing the sanctioned regime into reforming itself, sanctions inadvertently enhance the regime’s coercive capacity and create incentives for the regime’s leadership to commit political (...) repression. Cross-national time series data support our argument, confirming that the continued use of economic sanctions (even when aimed at promoting political liberalization and respect for human rights) will increase the level of political repression. These findings suggest that both scholars and policy makers should pay more attention to the externalities caused by economic coercion. (shrink)

The term 'culture' has more than one meaning in different contexts. The paper attempts to show certain consequences, resulting from the ambiguous use of the term 'culture', for the protection of human rights, by comparing the use of the term in the Declaration of the Principles of International Cultural Cooperation (UNESCO 1966), with its use in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. It examines (...) the meanings of the term 'culture' used in the UNESCO Declaration and the impact of this understanding on the protection of the relevant right or rights. (shrink)

The term 'culture' has more than one meaning in different contexts. The paper attempts to show certain consequences, resulting from the ambiguous use of the term 'culture', for the protection of human rights, by comparing the use of the term in the Declaration of the Principles of International Cultural Cooperation (UNESCO 1966), with its use in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. It examines (...) the meanings of the term 'culture' used in the UNESCO Declaration and the impact of this understanding on the protection of the relevant right or rights. (shrink)

Clinical trials of xenotransplantation may begin early in the next decade, with kidneys from genetically modified pigs transplanted into adult humans. If successful, transplanting pig hearts into children with advanced heart failure may be the next step. Typically, clinical trials have a specified end date, and participants are aware of the amount of time they will be in the study. This is not so with XTx. The current ethical consensus is that XTx recipients must consent to lifelong monitoring. While this (...) presents challenges to the right to withdraw in the adult population, additional and unanswered questions also linger in the paediatric population. In paediatric XTx, parents or guardians consent not only to the initial treatment of the child but also to lifelong monitoring, thus making a decision whose consequences will remain present as the child develops the capacity for assent, and finally the capacity for informed consent or refusal. This article presents and evaluates unanswered paediatric ethical questions in regard to the right to withdraw from XTx follow-up in the paediatric population. (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)

Formal clinical trials of pig-to-human organ transplant—known as xenotransplantation—may begin this decade, with the first trials likely to consist of either adult renal transplants or pediatric cardiac transplant patients. Xenotransplantation as a systematic scientific study only reaches back to the latter half of the 20th century, with episodic xenotransplantation events occurring prior to that. As the science of xenotransplantation has progressed in the 20th and 21st centuries, the public's knowledge of the potential therapy has also increased. With this, there (...) have been shifting ethical stances toward xenotransplantation in key areas, such as religious and public viewpoints towards xenotransplantation, animal rights, and public health concerns. This review provides a historical–ethical account of xenotransplantation and details if or how viewpoints have shifted over time. (shrink)

In spite of vast global improvements in living standards, health, and well-being, the persistence of absolute poverty and its attendant maladies remains an unsettling fact of life for billions around the world and constitutes the primary cause for the failure of developing states to improve the health of their peoples. While economic development in developing countries is necessary to provide for underlying determinants of health – most prominently, poverty reduction and the building of comprehensive primary health systems – inequalities in (...) power within the international economic order and the spread of neoliberal development policy limit the ability of developing states to develop economically and realize public goods for health. With neoliberal development policies impacting entire societies, the collective right to development, as compared with an individual rights-based approach to development, offers a framework by which to restructure this system to realize social determinants of health. The right to development, working through a vector of rights, can address social determinants of health, obligating states and the international community to support public health systems while reducing inequities in health through poverty-reducing economic growth. At an international level, where the ability of states to develop economically and to realize public goods through public health systems is constrained by international financial institutions, the implementation of the right to development enables a restructuring of international institutions and foreign-aid programs, allowing states to enter development debates with a right to cooperation from other states, not simply a cry for charity. (shrink)

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

Rita Bottino,1 Santosh Nagaraju,2 Vikas Satyananda,2 Hidetaka Hara,2 Martin Wijkstrom,2 Massimo Trucco,1 David KC Cooper2 1Institute of Cellular Therapeutics, Allegheny Health Network, 2Thomas E Starzl Transplantation Institute, Department of Surgery, University of Pittsburgh, Pittsburgh, PA, USA: Diabetes mellitus is increasing worldwide. Type 1 diabetes can be treated successfully by islet allotransplantation, the results of which are steadily improving. However, the number of islets that can be obtained from deceased human donors will never be sufficient to cure more than a (...) very small percentage of patients who might benefit from transplantation. Although there are some differences in glucose metabolism between pigs and humans, the use of pigs could provide an unlimited supply of islets, and the insulin produced would undoubtedly control glucose levels. Transplantation of islets into the portal vein results in islets residing in the liver; however, an early inflammatory response and rejection remain problematic, even when the recipient is receiving immunosuppressive therapy. In the long term, immunosuppressive drugs may exhibit toxicities to patients and specifically harm the islet cells. In contrast, encapsulation techniques provide islets with a physical barrier that prevents antibodies binding to the islet graft while still allowing insulin to be released into the recipient's circulation; in theory, patients receiving encapsulated grafts might not require exogenous immunosuppressive therapy. Nonhuman primates with encapsulated pig islet transplants have remained insulin-independent for several weeks, but long-term efficacy remains uncertain. Furthermore, techniques are now available to knock out genes from the pig and/or insert human genes, thus rendering the antigenic structure of pigs closer to that of humans, and providing protection from the human immune response. Islet transplantation from genetically engineered pigs has been followed by insulin independence in a small number of nonhuman primates for greater than 1 year. Neonatal islets have some advantages over adult islets in that they are easier to isolate and culture, and have the ability to proliferate during the first few months after transplantation. In 2009, the International Xenotransplantation Association set up a group to encourage and advise on clinical trials of pig islet xenotransplantation; this group's guidelines are discussed. Clinical trials of encapsulated pig islets are already under way. Keywords: diabetes, islets, pancreatic, pig, xenotransplantation. (shrink)

BackgroundAfrica continues to bear a disproportionate share of the global HIV/AIDS, tuberculosis (TB) and malaria burden. The development and distribution of safe, effective and affordable vaccines is critical to reduce these epidemics. However, conducting HIV/AIDS, TB, and/or malaria vaccine trials simultaneously in developing countries, or in populations affected by all three diseases, is likely to result in numerous ethical challenges.MethodsIn order to explore convergent ethical issues in HIV/AIDS, TB and malaria vaccine trials in Africa, the Ethics, Law and Human (...) Rights Collaborating Centre of the WHO/UNAIDS African AIDS Vaccine Programme hosted a consultation on the Convergent Ethical Issues in HIV/AIDS, TB and Malaria Vaccine Trials in Africa in Durban, South Africa on the 10-11 February 2009.ResultsKey cross cutting ethical issues were prioritized during the consultation as community engagement; ancillary care obligations; care and treatment; informed consent; and resource sharing.ConclusionThe consultation revealed that while there have been few attempts to find convergence on ethical issues between HIV/AIDS, TB and malaria vaccine trial fields to date, there is much common ground and scope for convergence work between stakeholders in the three fields. (shrink)

This study is an attempt to construct a quantitative link for international regimes with global leadership. The country's willingness to lead in solving global issues as the first mover in the formation of an international regime is measured and characterized by analyzing their ratification behavior in multilateral conventions deposited to the United Nations which shape of the global community. For this purpose, a set of quantitative indicators, the Index of Global Leadership Willingness and the Global Support Index, was (...) defined and calculated for each country based on its actual ratification year data for 120 multilateral conventions covering global issues such as peace and security, environment, commerce, communication, intellectual property protection, human rights, and labor. By proposing a framework of global leadership analysis, the study seeks to provide an empirical testing of the transformation of global governance towards cooperation without hegemony paradigm. The paper analyses changes in the leadership willingness indices of selected country groups, such as the G3, G7/8, and G20, over the century and finds that the will to drive the international agenda of these groups of leaders is in decline. Moreover, our study provides evidence to argue that our current world is actually without consistent global leadership across domains of the world affairs. Although several countries still show visible leadership in specific policy domains, such as environment and intellectual property, neither the G7/8 nor the G20 was playing a comparable role to those performed by the G3 a hundred years ago. (shrink)

Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain benefits, (...) yet war is part of the human condition. James G. Murphy’s insightful analysis of the jus ad bellum criteria—competent authority, just cause, right intention, probability of success, last resort, and proportionality—is grounded in a variety of contemporary examples from World War I through Vietnam, the "soccer war" between Honduras and El Salvador, Afghanistan, and the Middle East conflict. Murphy argues persuasively that understanding jus ad bellum requires a primary focus on the international common good and the good of peace. Only secondarily should the argument about going to war hinge on the right of self-defense; in fact, pursuing the common good requires political action, given that peace is not simply the absence of violence. He moves on to demonstrate the interconnectedness of the jus ad bellum criteria, contending that some criteria depend logically on others—and that competent authority, not just cause, is ultimately the most significant criterion in an analysis of going to war. This timely study will be of special interest to scholars and students in ethics, war and peace, and international affairs. (shrink)

In the field of bioethics, scholars have begun to consider carefully the impact of structural issues on global population health, including socioeconomic and political factors influencing the disproportionate burden of disease throughout the world. Human rights and social justice are key considerations for both population health and biomedical research. In this paper, I will briefly explore approaches to human rights in bioethics and review guidelines for ethical conduct in international health research, focusing specifically on health (...) research conducted in resource-poor settings. I will demonstrate the potential for addressing human rights considerations in international health research with special attention to the importance of collaborative partnerships, capacity building, and respect for cultural traditions. Strengthening professional knowledge about international research ethics increases awareness of ethical concerns associated with study design and informed consent among researchers working in resource-poor settings. But this is not enough. Technological and financial resources are also necessary to build capacity for local communities to ensure that research results are integrated into existing health systems. Problematic issues surrounding the application of ethical guidelines in resource-poor settings are embedded in social history, cultural context, and the global political economy. Resolving the moral complexities requires a commitment to engaged dialogue and action among investigators, funding agencies, policy makers, governmental institutions, and private industry. (shrink)