This article examines whether progress in women’s access to decision-making positions is best achieved through increased levels of development or targeted actions. Drawing on European data for the period 2006–2018, the article examines the association between how gender equal a country is and legislated measures such as board quotas with women’s representation on boards. The analysis then explores how this can be nuanced by differentiating between hard sanctions, soft sanctions and codes of governance. It shows that board quotas cannot be (...) relied upon as instruments of progress independently of a contextual environment that is more gender equal. Furthermore, board quotas with hard sanctions work best, followed by codes of governance, particularly when associated with higher gender equality. However, board quotas with soft sanctions are associated with results that are only marginally better than not having any measure in place. The article concludes that for further and faster progress to be made, introducing legislated board quotas shows great potential, though only in combination with striving for a gender equal society and using hard sanctions. The results call for organizations not to lose focus on ‘rights’ at the expense of the more palatable ‘business case’ for board quotas when striving for equality on corporate boards. (shrink)

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

El trabajo presenta aspectos que permiten la conceptualización del enfoque del Derecho para el abordaje de la niñez y la adolescencia en el contexto chileno. A través del análisis de la evidencia existente en la literatura, se tratan aspectos bio-psico-sociales y legales que admiten la validación del niño como sujeto de derecho. Se hace especial hincapié en el análisis de los principios rectores de la Convención sobre los Derechos del Niño para la preparación hacia los próximos desafíos en el trabajo (...) con niños y adolescentes. This paper presents aspects that allow the conceptualization of the rights-based approach to childhood and adolescence in the Chilean context. Through the analysis of existing evidence in the literature, the bio-psycho-social and legal aspects that support the validation of children as subjects of law are dealt with. Special emphasis is given to the analysis of the guiding principles of the UNICEF´s Convention on the Rights of the Child in preparation for the forthcoming challenges in the work with children and adolescents in Chile. (shrink)

This paper discusses the establishment of a governance framework to secure the development and deployment of “good AI”, and describes the quest for a morally objective compass to steer it. Asserting that human rights can provide such compass, this paper first examines what a human rights-based approach to AI governance entails, and sets out the promise it propagates. Subsequently, it examines the pitfalls associated with human rights, particularly focusing on the criticism that these rights (...) may be too Western, too individualistic, too narrow in scope and too abstract to form the basis of sound AI governance. After rebutting these reproaches, a plea is made to move beyond the calls for a human rights-based approach, and start taking the necessary steps to attain its realisation. It is argued that, without elucidating the applicability and enforceability of human rights in the context of AI; adopting legal rules that concretise those rights where appropriate; enhancing existing enforcement mechanisms and securing an underlying societal infrastructure that enables human rights in the first place, any human rights-based governance framework for AI risks falling short of its purpose. (shrink)

The case of Baby G raises some of the most difficult decisions confronting parents and health-care professionals. Given the context-specific nature of most medical decisions affecting children, the principles and standards of child rights and the U.N. Convention on the Rights of the Child will not clearly articulate the best interests of the child in every situation. A child rights–based approach will, however, provide the factors that must be considered, methods for their analysis, and the (...) procedural safeguards that must surround decision-making related to complex medical situations facing children, families, and providers. This approach can facilitate both.. (shrink)

Social marketing has been established with the purpose of effecting change or maintaining people’s behaviour for the welfare of individuals and society, which is also what differentiates it from other types of marketing. However, social marketing scholars have struggled with guiding social marketers in conceptualising the social good and with defining who decides what is socially beneficial in different contexts. In this paper, we suggest that many dilemmas in identifying the social good in social marketing could be addressed by turning (...) to human rights principles, and, in particular, by following a human rights-based approach. We examine a number of cross-cutting human rights principles—namely, transparency and accountability, equality and non-discrimination, and participation and inclusion—that are capable, in a practical way, of guiding the work of social marketers. Through an illustrative case study of the anti-obesity discourse, we present how these principles might help to address some of the challenges facing social marketing, both as a theory and practice, in meeting its definitional characteristic. (shrink)

The United Nations (UN), facing increasingly intense challenges in the fulfillment of its mission, also harbors the potential for enhanced effectiveness, relevance, and legitimacy in the form of the human rights-based approach. The human rights-based approach (HRBA) is one model for translating the organization’s values into a more adaptive, inclusive, dynamic, and responsive system of processes and outcomes. In the arena of politics, its meeting with a meaningful degree of receptiveness could signal a growing (...) acceptance of the validity of structural approaches to development and other issues despite traditional defensive positions on human rights. Application of the HRBA in programming is leading to greater appreciation for addressing core disparities and promoting empowerment for sustainable outcomes. It is also cultivating new qualities in development practitioners, advancing creativity, openness and responsiveness in organizational culture. In feeding its evolution in this way, the UN as a system has the potential for deeper, longer-term mission fulfillment and thus ensuring its viability. (shrink)

Data-driven technologies have come to pervade almost every aspect of business life, extending to employee monitoring and algorithmic management. How can employee privacy be protected in the age of datafication? This article surveys the potential and shortcomings of a number of legal and technical solutions to show the advantages of human rights-based approaches in addressing corporate responsibility to respect privacy and strengthen human agency. Based on this notion, we develop a process-oriented model of Privacy Due Diligence to (...) complement existing frameworks for safeguarding employee privacy in an era of Big Data surveillance. (shrink)

This article proposes a systematic approach to designing and assessing participatory processes, built from principles in the field of human rights. It argues that participatory processes should be organised around human rights principles which provide detailed but flexible guidance on participatory processes. Drawing from well-established human rights principles and the commentary of human rights bodies on participation, the article outlines a framework that can be used to advocate for, establish, implement, and evaluate participatory processes. It (...) addresses four normative questions relating to participation: what decisions require participation, who should participate, how should participation be implemented, and what consequences should it have on subsequent decisions with human rights norms informing each of these questions. (shrink)

This article discusses the hitherto little-studied question of women workers’ empowerment through access to labor rights in the east African export horticultural sector. It is based on the work carried out by Women Working Worldwide and its east African partners, drawing on primary research on cut-flower farms in Ethiopia, Tanzania, and Uganda. The focus in discussions of women’s empowerment has tended to be on individual actors rather than collective strategies. We argue that strategies such as action research, education, (...) organization and advocacy focusing on labor rights are effective in gendered empowerment and can bring positive change to women’s working lives on African farms, and beyond. (shrink)

International criminal law (ICL) has traditionally overlooked sexual and gender-based violence (SGBV) and struggles to understand it. Prosecutions have been largely inefficient and not reflective of gender harms. The Rome Statute requires interpreting SGBV as a social construction (article 7(3)), in consistency with international human rights law (IHRL) and without discrimination (article 21(3)). There is, however, little guidance to implement these approaches. This article argues that intersectionality, an IHRL-based approach that reveals compounded discrimination, is an efficient (...) tool to interpret SGBV and, therefore, should be integrated in ICL. The article traces the origins of intersectionality in feminism and its recognition by IHRL dealing with violence against women. It establishes the applicability of intersectionality in ICL that it demonstrates with a comparative analysis of the Lubanga and Ntaganda cases. The findings show that intersectionality suits ICL’s specific needs which allows labelling and explaining some of those contributions throughout the judicial process. (shrink)

The under-reporting of sexual abuse reduces the chances of winning the battle against sexual abuse of women and children in Zimbabwe. It leaves girl children powerless and vulnerable, despite the country’s determination to put an end to injustice and gender discrimination in line with the Sustainable Development Goals (SDGs), in particular, SDG 5, which focuses on gender and equality, and SDG 16, which is concerned with justice and peace. The aim of this study was to explore the barriers to reporting (...) sexual abuse in Ruwa. Informed by the human rights-based approach, the study adopted a quantitative research design. Survey data were solicited from 51 randomly selected female respondents. Results revealed that 69% of the respondents were abused, yet only 2% of the total respondents reported the abuse to authorities, while 67% did not report incidences of abuse. About 98% of respondents believed that most sexual abuse cases in Ruwa went unreported. Results also showed that barriers to reporting sexual abuses comprised cultural and economic factors, most of which were characterised by shame, embarrassment, and fear, as well as the desire to protect male breadwinners. The results are consistent with existing literature generalisations on sexual abuse, particularly in terms of the prevalence of sexual abuse and under-reporting. It is also argued that culture is the determinant factor for most of the barriers to reporting sexual abuse, as well as the effects of reporting.Based on the results and in view of promoting and protecting human rights associated with sexuality, the study recommends that local authorities and social institutions implement awareness programmes and campaigns on reporting sexual abuse in the community.Contribution: This study is the first of its kind in Ruwa. Its significance is embedded in how it reflects on the role played by culture, religion and societal views on matters of sexual abuse. (shrink)

This paper explores a grey area of psychiatric practice and, as with other challenging practices, the law is called upon to navigate conflicting legal issues. In particular, this paper explores the covert administration of medication: the concealment of medication in food or drink so that it will be consumed undetected. Rights-based approaches support nuanced understanding of the practices. Few policies, protocols or guidelines govern the practice in Ontario's psychiatric settings. While covert medication is understood to have “something to (...) do” with rights, there is confusion about how those rights play out on the ground. Institutional silences underlie and reinforce the practice. Most pressing, the covert administration of medication warrants an overt discussion, including of its impact on the rights-experience of persons in psychiatric settings. (shrink)

This paper contrasts conceptions of global distributive justice focused on natural resources with human rights–based approach. To emphasize the advantages of the latter, the paper analyzes three areas: (1) the methodology of normative theorizing about natural resources, (2) the category of natural resources, and (3) the view of the system of sovereignty over natural resources. Concerning the first, I argue that global justice conceptions misconstrue the claims made to natural resources and offer conceptions which are practically unfeasible. (...) Concerning the second, I show that contemporary philosophy of justice downplays the plurality of meanings resources have for collectives and argue that conflicts over natural resources can best be accounted for using human rights. Finally, the paper looks at sovereignty over natural resources and argues that rather than dismissing it as unjustifiable on moral grounds, it should be reformed in line with valid principles of international law, most importantly with human rights. (shrink)

Violations of women’s sexual and reproductive health and rights are frequent all over the world. Women’s sexual and reproductive health is related to multiple human rights. The term ‘rights-based’ has become increasingly linked to the concept of a more comprehensive approach to sexual and reproductive rights of women around the globe. The rights-based perspective is derived from the treaties, pacts and other international commitments that recognize and reinforce human rights, including the (...) sexual and reproductive rights of women. We conducted an extensive review of the guidelines, frameworks, research reports and published articles that have been cited as informing the rights-based approach. The findings of the review highlights what is meant by sexual and reproductive health and rights by the stakeholders, why this matter is important, and what can be done. It demands more partnerships with human rights, women’s and other civil society organizations, increased number of successful national policies, initiatives and/or legislative changes, increased budget and other resources at national and/or local community level, mass communication and engagement of men to promote and advance women’s sexual and reproductive health and rights. Achievement of gender equality is very crucial, because it is a human right that advances women’s empowerment; and is interlinked with sexual and reproductive health and rights. (shrink)

Food security, health, decent livelihoods, gender equity, safe working conditions, cultural identity and participation in cultural life are basic human rights that can be achieved at least in part through the food system. But current trends in the US prevent full realization of these economic, social, and cultural rights (ESCR) for residents, farmers, and wageworkers in the food system. Supply chains that strive to meet the goals of social justice, economic equity, and environmental quality better than the dominant (...) globalized food value networks are gaining popularity in the US. However, achieving important human rights has become conflated with other goals of food system reform over the past decade, such as being “community-based,” local, and sustainable. This conflation confuses means, ends, and complementary goals; and it may lead activists trying to help communities to regain control of their food system choices into less productive strategies. This paper introduces a new concept, rights-based food systems (RBFS), and explores its connection with localization and sustainability. The core criteria of RBFS are democratic participation in food system choices affecting more than one sector; fair, transparent access by producers to all necessary resources for food production and marketing; multiple independent buyers; absence of human exploitation; absence of resource exploitation; and no impingement on the ability of people in other locales to meet this set of criteria. Localization and a community base can help achieve RBFS by facilitating food democracy and reducing environmental exploitation, primarily by lowering environmental costs due to long-distance transportation. Sustainability per se is an empty goal for food system reform, unless what will be sustained and for whom are specified. The RBFS concept helps to clarify what is worth sustaining and who is most susceptible to neglect in attempts to reform food systems. Localization can be a means toward sustainability if local food systems are also RBFS. (shrink)

This commentary focuses on two issues. First, reflecting on the distinction between public and private institutions in protecting individual rights is necessary. Second, the current regulatory appr...

When forced treatment in mental health care is under consideration, two approaches guide clinicians in their actions: the dominant rights-based approach and the relational ethical approach. We hypothesized that nurses with bachelor's degrees differentiate better between the two approaches than nurses without a degree. To test this hypothesis a survey was performed in major Slovenian health institutions. We found that nurses emphasize the importance of ethics and personal values, but 55.4% of all the nurse participants confused (...) the two approaches. The results confirmed our hypothesis and indicate the importance of nurses' formal education, especially when caring for patients with mental illness. (shrink)

In this chapter, I examine the grounds of the right of children to be free from extreme poverty, the content of this right, and who the duty-bearers are. In particular, I argue that the socioeconomic right of children to freedom from severe poverty: is grounded in the specific perfect moral duty of right to protect children from extreme poverty ; consists of the right to claim the omission of any act that restricts children’s freedom from extreme poverty ; as well (...) as the right to claim the performing of acts that guarantee children’s freedom from extreme poverty ; and is based on a duty which is not of all others, but of specific others, e.g. the relatives or/and the friends of the child, the local authorities, states, and organizations. In addition, I respond to three possible objections against the proposed philosophical foundation. Within this context, I first point out the moral priority of duties over rights; second, I explain why the socioeconomic right of children to be free from extreme poverty is not a human right; and, third, I explain the reasons why Kant is not a moral constructivist. (shrink)

The emerging international biomedical law tends to recognise the right not to know one’s genetic status. However, the basis and conditions for the exercise of this right remain unclear in domestic laws. In addition to this, such a right has been criticised at the theoretical level as being in contradiction with patient’s autonomy, with doctors’ duty to inform patients, and with solidarity with family members. This happens especially when non-disclosure poses a risk of serious harm to the patient’s relatives who, (...) without that vital information, could be deprived of preventive or therapeutic measures. This paper argues, firstly, that individuals may have a legitimate interest in not knowing their genetic make up to avoid serious psychological consequences; secondly, that this interest, far from being contrary to autonomy, may constitute an enhancement of autonomy; thirdly, that the right not to know cannot be presumed, but must be “activated” by the individual’s explicit choice, and fourthly, that this is not an absolute right, in the sense that it may be restricted when disclosure to the patient is necessary in order to avoid a risk of serious harm to third persons. (shrink)

The right to water and sanitation has emerged from the penumbra of associated rights in the past few decades and now plays an important role in international debates. This right has emerged “from below”, through the efforts of social movements seeking transformation in the lives of the world’s poor, and it has been recognized “from above”, with major international actors such as the United Nations, international financial institutions, and even large corporate actors affirming its existence. As the obligations and (...) entitlements inherent in this right are increasingly clarified, the role of interdisciplinary collaboration has never been more important. This short Commentary examines one such collaborative effort, led by the United Nations Joint Monitoring Programme, to devise post-2015 goals, targets, and indicators for water, sanitation, and hygiene. The Commentary calls for renewed partnerships to advance human rights-based policy among advocates, development practitioners, and water and sanitation experts from diverse scientific fields. (shrink)

I defend a modified rights-based unjust threat account for morally justified killing in self-defense. Rights-based moral justifications for killing in self-defense presume that human beings have a right to defend themselves from unjust threats. An unjust threat account of self-defense says that this right is derived from an agent’s moral obligation to not pose a deadly threat to the defender. The failure to keep this moral obligation creates the moral asymmetry necessary to justify a defender killing (...) the unjust threat in self-defense. I argue that the other rights-based approaches explored here are unfair to the defender because they require her to prove moral fault in the threat. But then I suggest that the unjust threat account should be modified so that where the threat is non-culpable or only partially culpable, the defender should seek to share the cost and risk with the threat in order for both parties to survive. (shrink)

Businesses increasingly rely on algorithms that are data-trained sets of decision rules (i.e., the output of the processes often called “machine learning”) and implement decisions with little or no human intermediation. In this article, we provide a philosophical foundation for the claim that algorithmic decision-making gives rise to a “right to explanation.” It is often said that, in the digital era, informed consent is dead. This negative view originates from a rigid understanding that presumes informed consent is a static and (...) complete transaction. Such a view is insufficient, especially when data are used in a secondary, noncontextual, and unpredictable manner—which is the inescapable nature of advanced artificial intelligence systems. We submit that an alternative view of informed consent—as an assurance of trust for incomplete transactions—allows for an understanding of why the rationale of informed consent already entails a right to ex post explanation. (shrink)

ABSTRACTWe express and communicate many attitudes beyond belief, such as amusement, joy, admiration, hatred, and desire. I consider whether there are any general norms that would cover all of these cases. The most obvious generalisation of the most popular norms for assertion, fittingness-based theories, fail in part because it is sometimes an intrinsic good to have certain kinds of mental states. I develop an alternative, rightness-based, approach, according to which it is appropriate to communicate a mental state (...) to an interlocutor when it is right to make the interlocutor have that mental state because of the speech act. This view arises naturally from conversational participants’ common interests, and it helps to make sense of linguistic phenomena like expressives. (shrink)

This paper examines whether non-human animals have a moral right not to be experimented upon. It adopts a Razian conception of rights, whereby an individual possesses a right if an interest of that individual is sufficient to impose a duty on another. To ascertain whether animals have a right not to be experimented on, three interests are examined which might found such a right: the interest in not suffering, the interest in staying alive, and the interest in being free. (...) It is argued that while the first two of these interests are sufficient to ground animal rights against being killed and made to suffer by experiments, the interest in freedom does not ground a general animal right not to be used in experimentation. (shrink)

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

Reacting against the dominance of obligation-based moral theories in both general and nursing ethics, the author proposes a 'strong' (action-guiding) account of a virtue-based approach to moral decision-making within contemporary nursing practice. Merits and criticisms of obligation and virtue-based approaches to morality are identified and examined. One of the author's central premises is that the notions of moral goodness and badness carry more moral weight than the traditionally important notions of moral rightness and wrongness. Therefore, the (...) author argues that in order to deliver morally good care, it is vital to consider the kind of nurse one is and this means examining one's moral character. This book will be rewarding reading for a wide range of readers including clinical nurses, nurse educators and nurse ethicists; indeed, anyone interested in morality and ethics and the work of nurses will find this book stimulating reading. (shrink)

In several jurisdictions, irremediable suffering from a medical condition is a legal requirement for access to assisted dying. According to the expressivist objection, allowing assisted dying for a specific group of persons, such as those with irremediable medical conditions, expresses the judgment that their lives are not worth living. While the expressivist objection has often been used to argue that assisted dying should not be legalised, I show that there is an alternative solution available to its proponents. An autonomy-based (...) approach to assisted suicide regards the provision of assisted suicide (but not euthanasia) as justified when it is autonomously requested by a person, irrespective of whether this is in her best interests. Such an approach has been put forward by a recent judgment of the German Federal Constitutional Court, which understands assisted suicide as an expression of the person’s right to a self-determined death. It does not allow for beneficence-based restrictions regarding the person’s suffering or medical diagnosis and therefore avoids the expressivist objection. I argue that on an autonomy-based approach, assisted suicide should not be understood as a medical procedure but rather as the person’s autonomous action. (shrink)

Housing has become a political problem in the vast majority of cities around the world, highlighting obvious injustices. The article pursues the question to what extent the existing human right to housing can be of any interest here. The practice-based approach of Charles Beitz can help against the background of some systematic supplements. A ‘negative’ approach that distinguishes forms of injustice is an important prerequisite for a substantial use of human rights. The negative approach makes (...) it possible to uncover injustices and shows the obstacles that stand in the way of a practice-based conception of human rights. The practice-based conception is, at the same time, necessary for the social analysis of the obstacles, in order to analyse human rights as well as to be able to justify human rights themselves. The current commodification of housing it is argued impedes the exercise of a practice-based conception of human rights in the way that Charles Beitz has suggested. (shrink)

Housing has become a political problem in the vast majority of cities around the world, highlighting obvious injustices. The article pursues the question to what extent the existing human right to housing can be of any interest here. The practice-based approach of Charles Beitz can help against the background of some systematic supplements. A ‘negative’ approach that distinguishes forms of injustice is an important prerequisite for a substantial use of human rights. The negative approach makes (...) it possible to uncover injustices and shows the obstacles that stand in the way of a practice-based conception of human rights. The practice-based conception is, at the same time, necessary for the social analysis of the obstacles, in order to analyse human rights as well as to be able to justify human rights themselves. The current commodification of housing it is argued impedes the exercise of a practice-based conception of human rights in the way that Charles Beitz has suggested. (shrink)

An ethical theory is axiological just in case it makes the permissibility of actions depend solely on considerations of goodness. Act utilitarianism is the paradigm axiological theory. An ethical theory is a pure rights theory just in case it judges an action permissible if and only if it violates no one’s rights. Libertarianism is a paradigm pure rights theory. I shall formulate and defend a type of axiological theory that, unlike act utilitarianism, is sensitive in a new (...) and interesting way to whether rights are violated.Let us start by briefly considering the strengths and weakness of act utilitarianism. Act utilitarianism judges an action permissible just in case it maximizes social welfare. It has many attractive features. It is a clearly formulated theory that draws on the machinery of decision theory. It takes a tough minded approach to morality: always focusing on the outcomes of actions. And it takes human welfare very seriously. The axiological theory I shall defend will have all these features. (shrink)

Autonomous vehicle moral dilemmas matter less for the particular outcomes of potential accidents than for their role in defining the values of the society we wish to live in. Different approaches have been suggested to determine the ethical settings that autonomous vehicles should be implemented in and identify the legitimate agents for making such decisions. Most of these, however, fail on theoretical grounds, facing severe issues related to moral justifications and compliance to the law, or on practical grounds, being insufficiently (...) universal, action-guiding, or technically viable to be implemented. The analogy with the “trolley problem” has been extensively discussed. However, researchers have rarely tried to adapt this framework to autonomous vehicle cases or investigate how it could be used to address these issues. In doing so, this paper aims to answer the two key problems of autonomous vehicle dilemmas. With regards to the decision-maker, it rejects autonomous vehicle users’ choice-based models, showing the absurdity of both switch of control and adaptative preferences and arguing for common legislator-determined ethical settings. With regards to the decisions themselves, it criticizes both utilitarian views and those based on individuals’ criteria to suggest a deontologist rights-based approach. This allows for the defence of a morally coherent, regulatory compliant, explainable, and easily implementable framework capable of addressing all autonomous vehicle moral dilemma scenarios present in the literature. (shrink)

Human beings are spending less time in nature than previous generations. Without opportunities to interact with nature, we are unable to forge deeper connections with the natural world, leading to indifference and unwillingness to protect it. At the same time, climate change has led to biodiversity loss and new threats such as pandemics, making the issue of the disconnection between humans and nature even more pertinent. This article proposes a modified human rights-based framework to education that incorporates nature (...) as an integral part. I draw on UNESCO’s framework for the human rights-based approach to education which entails three distinct dimensions: access to education, educational quality, and educational environment. I argue that introducing nature as a crucial part of the educational environment can contribute to upholding both human rights and the fundamental rights of nature. By drawing on ecopedagogy and Indigenous beliefs underlining a harmonious relationship with nature, we can move away from the current anthropocentric approach and address the environmental crisis in a meaningful way. (shrink)

Human rights are often taken for granted, but "What is the basis of human rights?" This is no easy answer, De Xiao Weiqi, in his 2004 book of this difficult the problem. He considered the following four main theories: First, the external theory: the root cause of human rights outside the law, such as human rights divine theory; Second, the intrinsic theory: the root cause of human rights within the law - law positivism ; three, (...) rationalist approaches: human rights is based on rational intuition ; Fourth, experience-based approaches: human rights from human experience, especially experience the experience of injustice. He made ​​the first three theories are severely criticized, and to promote a fourth to experience-based approaches. This paper points out that although the experience of Germany and Xiao Weiqi theory have many advantages, but it is evidence of human rights legislation are vague and inconsistent standards of the Department, and its invention on human rights can not provide more solid foundation. In fact, these issues are perceived more or less de Xiao Weiqi, he repeatedly pointed out that the need for external to the human rights legal standards, I think the divine rights theory is to provide a basis for human rights may be one of the world. De Xiao Weiqi theory of divine criticism of human rights have a good reminder, but I think it still can not rule out the Christ-centered Christian contemporary human rights theory. Human rights are often taken for granted but in fact the origin or foundation of human rights is not an easy question. Alan Dershowitz tries to tackle this thorny issue in his 2004 book: Rights from Wrongs: A Secular Theory of the Origins of Rights. He mainly considers four theories: 1) externalism, eg, the divine source of human rights theory; 2) Internalism, eg, legal positivism; 3) Rationalism, eg, the claim that human rights are founded upon rational intuitions; 4) Experiential approach, ie, human rights are derived from our historical experience of serious wrongs or injustice. He severely criticizes the first three theories, and defends the fourth. In this article, I will point out that despite quite a few merits of Dershowitz's theory; his criteria for the validation of human rights are vague or even inconsistent. His general stance of constructivism towards moral and human rights claims, moreover, are unable to provide solid foundations for human rights. In fact Dershowitz is to some extent aware of these problems, and he feels that human rights do need an objective external source, if only it is possible. I think the theistic worldview is indeed able to provide this objective external source. Dershowitz has raised a lot of good questions for the divine source theory but I argue that in the end they cannot exclude the possibility of a contemporary Christocentric theory of human rights. (shrink)

This book is an analysis and evaluation of torture. My take on torture is unique for four reasons. First, it provides a distinct analysis of what torture is. Second, it argues that on non-consequentialist grounds, specifically rights-based ones, torture is sometimes permissible. Third, it argues that torturers are not always vicious. Fourth, it argues that it is plausible that these conclusions apply to some real world cases. In short, it fills the following gap: it evaluates torture from a (...) rights-based perspective and finds that in some cases it is permissible. My book is a unique philosophical exploration of torture. It combines a philosophical analysis of torture with a moral evaluation of it. The philosophical analysis of torture has not received a lot of attention. My analysis defends a minimal view of torture and one that distinguishes the analysis of the concept of torture from the moral evaluation of it. The resulting theory, the minimalist theory, differs noticeably from other analyses. My moral evaluation of torture sharply differs from the rest of the literature. The evaluation focuses on the non-consequentialist approach to morality, that is, it assumes that what makes an action right is not solely whether it brings about the best results. Using the central feature of non-consequentialism, moral rights, I argue that torture is justified in a number of theoretical contexts, including defense, punishment, and when the person to be tortured consents. I then look at the actual world and argue that it is plausible to think that there are real-world cases where torture is justified. My analysis also looks at whether torture is virtuous in an attempt to get at what intuitively repels us about torture. My analysis is not only the first look at the issue, but it also ties in with recent developments in virtue theory. As in the analysis of the permissibility of torture, I try to show that my findings with regard to virtue are not merely of theoretical interest, but are plausible given some real-world cases. (shrink)

Prioritization of activities is a multicriteria problem that includes both quantitative and qualitative factors. Moreover, due to the nature of organizations and activities, the impact of activities on each other is fuzzy. Prioritizing activities in real and fuzzy situations will help an organization’s decision makers to make the right decisions. In this paper, a new fuzzy hybrid methodology is proposed to describe and prioritize the activities of the organization in fuzzy conditions. First, the activities of the organization are described in (...) a new fuzzy format based on activity model of the C4ISR framework. Furthermore, fuzzy DEMATEL is used to calculate the interdependencies between activities, and then fuzzy ANP is used to calculate the weight of each activity. Finally, by combining the results of the two methods, the priority of activities was calculated. Additionally, an empirical study is presented to illustrate the application of the proposed method. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Pragmatist Ethics: A Problem-Based Approach to What Matters by James Jakób LiszkaHenrik RydenfeltJames Jakób Liszka (Ed) Pragmatist Ethics: A Problem-Based Approach to What Matters Albany: SUNY Press, 2021; 192 pp., incl. indexThere appears to be increasing interest in public discussion and debate on ethical issues in our societies motivated by concerns regarding economic growth within the limits of the environment, the development [End Page (...) 253] of "autonomous" machines and advances in artificial intelligence, and issues of justice and equality under conditions of global emergencies such as climate change. Over the past twenty years, numerous philosophers have produced important works on the ethical perspectives and social and political philosophy of the classic thinkers of the pragmatist tradition, including several volumes on John Dewey and William James, and a volume on Charles S. Peirce that James Liszka also published in 2021. However, there exist few general statements of the potential of the pragmatist approach to the topic of ethics in general. For this reason, Liszka's new book outlining pragmatist ethics is welcome. Despite its concise presentation of only about 170 pages, Liszka manages to discuss a number of pragmatist notions and views both in their historical context and in contrast and comparison with contemporary arguments, particularly ones developed in the fields of metaethics and normative ethics of the analytic tradition.As both a scholar and a philosopher, Liszka offers his own perspective on the pragmatist approach and what is unique and distinctive about it. In the introduction, the pragmatist perspective is described as beginning with an examination of actual problems to develop solutions that may reveal what would be good or better than the present, rather than aiming at the development of a concept of the good that could then be applied in particular cases. The remainder of the book can be characterised as developing this notion of ethics through the lenses of philosophical debates, both historical and contemporary, on practical reasoning, community, inquiry, and moral progress. Following the introduction, Liszka presents in the second chapter his pragmatist, problem-based ethics as a response to the "tragedy of life", in the sense of an inevitable conflict of goods and values, with the melioristic slogan "solve problems, and good will follow". In the third chapter, Liszka delves deeper into the roots of his problem-based ethics by looking at the writings of the classical pragmatists, including Peirce's maxim of pragmatism, James's account of truth as that which brings us into a satisfactory relation with other parts of our experience, Peirce's notion of the community of inquiry, and Dewey's account of democracy as the setting for solving the problems of the community. James Wallace's account of practices as potential solutions for problems provides Liszka with an important stepping stone to his conclusion, drawn at the end of this chapter, that in order to solve problems, practices must aim to attain a good end in the right way.However, this formal conclusion does not provide specific guidance on how problems should be solved. Providing such guidance is the task of practical reason, the subject of chapter four. Liszka's discussion develops pragmatist perspectives on practical reasoning based on Wallace's account, Robert Brandom's distinctions between shapes of practical reasoning, as well as Peirce's account of desire. All of these are brought to [End Page 254] bear in long-standing debates in meta-ethics. In particular, to counter subjectivism and other familiar issues with the Humean desire-belief account of moral motivation (or internalism about moral motivation), Liszka—again drawing from Wallace's notion—argues that practices are not subjective but collectively approved and institutionalised.The presence of problems indicates that something is not working within the practice in question. Pragmatists typically suggest that inquiry could be deployed to solve problems. This is why in chapter five normative science is considered. Liszka's central project is to make sense of the pragmatist stance that moral inquiries and judgments can be made scientific, and that normative claims can be tested by observing the results actually attained. Liszka argues that "the norms of practical reasoning derive their... (shrink)

As Artificial Intelligence (AI) becomes more and more pervasive in our everyday life, new questions arise about its ethical and social impacts. Such issues concern all stakeholders involved in or committed to the design, implementation, deployment, and use of the technology. The present document addresses these preoccupations by introducing and discussing a set of practical obligations and recommendations for the development of applications and systems based on AI techniques. With this work we hope to contribute to spreading awareness on (...) the many social challenges posed by AI and encouraging the establishment of good practices throughout the relevant social areas. As points of novelty, the paper elaborates on an integrated view that combines both human rights and ethical concepts to reap the benefits of the two approaches. Moreover, it proposes innovative recommendations, such as those on redress and governance, which add further insight to the debate. Finally, it incorporates a specific focus on the Italian Constitution, thus offering an example of how core legislations of Member States might contribute to further specify and enrich the EU normative framework on AI. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of (...) three landmark decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of (...) three landmark decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights.]. (shrink)

Maternal mortality is still very high in Africa, despite progress in control efforts at the global level. One elemental link is the question of autonomy in maternal health, especially at the household level where intrinsic human rights are undermined. A rights-based consideration in bioethics is an approach that holds the centrality of the human person, with a compelling reference to the fundamental human rights of every person. A philosophical and sociological engagement of gender and the (...) notion of autonomy within the household reveals some fundamental rights-based perplexities for bioethical considerations in maternal health. The right to self-determination is undermined, and therefore women’s dignity, freedom and autonomy, capacities, and choices are easily defiled. This study applies a rights-based approach to maternal health and demonstrates how rights concerns are associated with negative outcomes in maternal health in Africa. The discussion is situated at the household level, which is the starting point in health care. The paper submits that beyond legal and political rights within the context of the state, rights-based issues manifest at the household level. Many of those rights issues, especially relating to women’s autonomy, are detrimental to maternal health in Africa. Therefore, a rights-based approach in the social construction of maternal health realities will contribute to alleviating the burden of maternal mortality in Africa. (shrink)

In this paper, I investigate whether the pursuit of group-based social equality should constitute a political goal or not. I explain that social equality refers to the mechanism for horizontal presentation of opportunities to individuals in a given society to express their abilities. It could also mean the right to vie, contest, compete or take advantage of certain opportunities or even to the freedom to pursue or obtain certain opportunities among free citizens in any society. I argue that the (...) position of the mainstream European South African population seems to be that this should be an individual-based exercise since the sectional policy of apartheid has been disestablished. However, the majority of native South Africans appear to hold that since the post-apartheid South African society is heavily lopsided that the pursuit of social equality, especially by the natives who experience great economic disadvantage as a political goal, should be group-based in order to address comprehensively the social and economic ills of apartheid. This groupbased approach is challenged by European South Africans who argue that it introduces another form of inequality that places them at a disadvantage. I will analyze the arguments on both sides and attempt to justify the group-based approach in the light of the post-apartheid peculiar circumstances of native South Africans. Keywords: social equality, political goal, individual, group, South African society, apartheid. (shrink)

A large and important part of social relations is gender relations between men and women. Over time, the manifestation of such relations has often been one of violence, particularly violence against women. Different approaches have been deployed to deal with the experience of gender-based violence (GBV). One popular approach is the human rights framework that suggest that GBV can be addressed by granting certain rights to women. We argue that while a human rights framework holds (...) some promise in resolving GBV, it is limited in some ways because it does not take the cultural perceptions of gender relations that envision gender duties into account. As part of our argument, we show that social relations in African communities ought to be primarily based on the principle of duty to the other, rather than an emphasis on rights. We conclude that there is a need to complement the rights-based approach with a duty-based approach to effectively address GBV. (shrink)

Human rights have increasingly been put forward as an important framework for bioethics. In this paper, it is argued that human rights offer a potentially fruitful approach to understanding the notion of Respect for Persons in bioethics. The idea that we are owed a certain kind of respect as persons is relatively common, but also quite often understood in terms of respecting people’s autonomous choices. Such accounts do however risk being too narrow, reducing some human beings to (...) a second-class moral status. This paper puts forward a political approach to our standing as persons and a strongly pluralistic account of human rights that lays the ground for a more broadly applicable conception of Respect for Persons. It is further argued that this model also provides an example of a more general approach to philosophical ethics, an approach which is here called taxonomical pluralism. When it comes to Respect for Persons specifically, this principle is developed in terms of five distinct core concerns. (shrink)

Young adults in Europe have more difficulty than previous generations to maintain or improve on their parents’ housing situation. Recommodification, financialisation and the withdrawal of the state as housing provider have transformed housing markets and affected the housing situation of young people. By drawing on various data sources, especially on the EU-Statistics on Income and Living Conditions, I aim to present a differentiated assessment and comparison of current housing conditions and problems in Europe with a focus on young people. I (...) argue that a rights-based housing strategy with an explicit intergenerational justice perspective is a promising approach to tackle the housing crisis in a way that meets the housing needs of young people. (shrink)