Human Rights

This chapter defends a legal human right to tobacco control. Building on existing work, the chapter argues that the legal case for such a right is strong. Existing international human rights treaties, chiefly the International Covenant on Economic, Social and Cultural Rights, recognize a human right to health alongside several other rights that speak for covering tobacco control under human rights law. Drawing on Allen Buchanan’s pluralistic justificatory framework for human rights, the chapter argues that the philosophical case is strong (...) too. Tobacco is among the deadliest public health threats worldwide and its health impacts so severe that humans should have a claim against their governments to protect them against the harms of tobacco. Human rights law is a promising avenue to strengthen this claim. The chapter then defends a human right to tobacco control against several philosophical worries. For example, is strong tobacco control compatible with personal freedom? Is it compatible with personal consent? Would human rights legislation facilitate power relations that unduly restrict national and individual self-determination? This chapter argues that concerns with freedom of choice, consent and power relations do not speak against tobacco control. Conversely, a concern with power relations speaks for a human right to tobacco control as it could lessen the power asymmetries between tobacco companies and vulnerable populations, such as children, smokers of lower socio-economic status and citizens in low-income countries with weaker governance structures. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

This volume makes a welcome contribution to the burgeoning philosophical scholarship on human rights by foregrounding methodological and meta-philosophical issu.

Despite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, and transcendence broadly underpin the exclusion (...) of embodied experience, context, and material reality from the juridical field. In the second part, through discourse analysis of Inter-American and European case law, the author shows the deployment of human rights penality, the displacement of experience, and the disregard of context in IHR discourse. VAW is construed as a procedural and penal matter: it is the absence of a penal process that courts regard as failure to protect women, rather than the state’s inability/unwillingness to address structural subordination. Moreover, the ‘virtues’ attributed to the penal system justify its expansion, which facilitates the continuity of penal violence and debilitates alternative approaches to justice. Finally, the author posits penal abolition as an anticolonial praxis, pointing at examples of anti-carceral feminist work. (shrink)

Introduction -- Theses and discussions -- Analytical concepts -- General approach -- Moral philosophy in antiquity -- Christian moral philosophy -- Aristotle and Thomas Aquinas -- William of Ockham -- From William of Ockham to Francisco Suarez -- Protestant natural law -- John Locke -- The American and French declarations of rights -- Early critique of the Declaration of Rights -- Immanuel Kant and modern moral philosophy -- Human rights today.

While there are legal regulations prohibiting smoking in indoor areas in Turkey, there is none for outdoor areas. Many non-smokers are exposed to environmental tobacco smoking against their will in Turkey. Numerous research efforts have documented the fact that environmental tobacco smoke poses risks to human health because it pollutes the environment by releasing dangerous chemicals into the air that non-smokers breathe. This means that tobacco smoking poses risks to a safe environment and people’s lives. People have a right to (...) the environment, as guaranteed by the Turkish Constitution. Since Stockholm Declaration, many countries have recognized that people have a right to a safe environment or that a safe environment is essential to the enjoyment of human rights, including Turkey. However, how non-smokers perceive of the impacts of environmental tobacco smoke on the enjoyment of the right to the environment enshrined within the Turkish legal system has not been studied to date. Accordingly, this research aims to explore how issues relating to environmental tobacco smoke can be approached from an environmental human rights perspective. To achieve this purpose, a qualitative case study was conducted in Istanbul. The results of this analysis show that non-smokers do not enjoy the right to the clean environment guaranteed by the Turkish Constitution due to the ETS. (shrink)

This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and their concomitant critiques. They (...) address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan. (shrink)

We commend the authors for their comprehensive discussion on consent and episiotomies.1 They correctly observe that informed consent for all proposed interventions in maternity care is always necessary. The claim that consent for maternity health services does not always have to be fully informed or explicit, however, is erroneous. We are especially concerned with, and surprised by, the endorsement of ‘opt-out consent’. ‘Opt-out consent’ (a.k.a. substitute decision making) is already standard practice in maternity healthcare, with obstetric violence a normalised response (...) to conclusive refusals or requests for explanations. Informed consent is based on the fundamental human rights to bodily autonomy and integrity, which healthcare providers are obliged to respect. Healthcare structured around human rights violations is not care. It is cruel and inhumane treatment—a violation of yet another fundamental human right—and a reflection of poor-quality care. To be valid, consent must always be informed, specific, timely, freely given and reversible. The provider must provide information specific to each and every proposed intervention in a timely manner. The consumer has the right to consider, freely accept or refuse before providers can act. They can also change their mind at any time. Provider attempts to substitute consumer decision-making rights constitute assault and battery. Whether the infraction was major or minor is of no consequence to human rights law. National courts create artificial …. (shrink)

Refugee protection depends, minimally, on the identification of agents capable of discharging international obligations in this area of international law. Commonly discussed “agents of justice” include states, IOs, and NGOs. This article focuses on a different set of actors: subnational units (cities, states, and provinces in federal States) and the legal mechanisms they may use to discharge international obligations in the area of refugee protection. I advance three distinct theoretical models for understanding subnational units’ responsibilities vis-à-vis international law: (1) derived (...) delegated responsibilities; (2) derived back-up responsibilities; and (3) assumed responsibilities. I conclude by sketching some ways in which subnational units could play an even more salient role in the promotion of international law. (shrink)

This chapter presents a business ethics framework that can be used to determine the moral responsibility that firms have when it comes to human rights. It starts with a discussion of the relatively new phenomenon of firms being sued for human rights violations in developed countries as is shown by the case of Shell. It also discusses when a firm should be considered complicit in a human rights violation, and what duties firms have to promote human rights.

Proceedings of the 2023 International Conference of the Association for the Promotion of African Studies (APAS) held at the University of Nigeria Nsukka on 24th - 27th May -/- .

Ideally, human rights exist independently of any state regime but, in truth, have little effect if not allocated on the basis of membership of at least some community, state or otherwise. Without such claims to membership and the assignment of duties to specific agents to fulfil rights to a safe environment, to health, life and security of person, there is no binding obligation on authorities to provide all climate vulnerable peoples with the means to survive ecological adversity. Although of immense (...) humanitarian importance in a context of declining resources worldwide, universal rights to health and a dignified existence still await further social realization. This chapter assesses how tensions arising between the ideal and the real social life of rights today, set against a background of accelerating climate crisis, are being addressed via new democratic struggles. (shrink)

Fragmented social relations, the twin demise of authority and tradition, the breakdown of behavioural norms and constraints: all these are the outcome, according to their critics, of the uses and abuses of human rights in contemporary democratic societies. We are, they say, seeing the perverse effects of a 'religion of human rights' to which Europe has rashly devoted its heart and mind; and the supposed burgeoning of rights, which goes hand in hand with an unchecked rise of expectations, is catapulting (...) Western democracies into an age of never-ending demands. This emerged clearly in France in Spring 2013 during the demonstrations against equal marriage ('mariage pour tous') whose opponents deplored the excesses of a movement-driven left striving for an unbounded extension of rights - from the right to same-sex marriage to the enfranchisement of non-nationals or the right of same-sex couples to adopt. (shrink)

An interpretative history of human rights in Africa, exploring indigenous rights traditions, anti-slavery, anti-colonialism, post-colonial violations and pro-democracy movements.

When a judgment begins ‘counsel made some bold submissions’, this is usually a sign the judge found the argument unconvincing. Dr Martin – Tutor and Fellow in Constitutional and Human Rights Law at...

Due to its wide-ranging reservations and lack of effective enforcement mechanisms the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has failed to dismantle widespread and systemic discrimination. The present paper proposes a broad, theoretical, preventive and relational approach to creating and enhancing the effectiveness of novel interventions to accelerate gender equality. We describe the main elements of affective empathy (i.e. intersubjectivity, multisensory engagement and empathic embodiment) and identify potential interventions that build on those elements to (...) advance gender equality. We ultimately argue that increased empathy towards women, transwomen and girls is required to disrupt the beliefs and behaviours that lead to discrimination, and that these changes must be enacted alongside legislative reforms and community education that construct equality environments. Our affective empathy framework could have the capacity to operationalise the normative fight against gender stereotypes and inequality in line with article 5(a) of CEDAW. (shrink)

The purpose of this paper is to philosophically examine how disinformation from state officials and politicians affects the right to access to information and political participation. Next to the more straightforward implications for political self-determination, the paper examines how active dissemination of lies by figures of epistemic authority can be framed as a human rights issue and affects trust patterns between citizens, increases polarization, impedes dialogue, and obstructs access to politically relevant information by gatekeeping knowledge. Analyzing European Convention on Human (...) Rights (ECHR) case law, the paper argues that human rights law provides some argumentative basis for extending individuals’ rights as epistemic and political agents towards a “right to truth spoken by politicians”. However, challenges in balancing a possible restriction of lies and assessing the real effective harm that comes from them remain, potentially leading to a vacuum of rights protection for less visible long-term harm to individuals and public discourse. In order to have a real chance at tackling the harmful consequences of publicly told lies from a human rights perspective, it is necessary to rethink the notion of harm to encompass more complex and abstract forms of politico-epistemic damage to individuals and the public. (shrink)

As sociologists deepen their examinations of human rights in their teaching, research, and thinking, it is essential that such work is conducted in a manner that is both mindful and critical of the knowledge we are building upon in sociology and human rights. As the authors of this volume reveal, creating sociological knowledge that examines human rights for the expansion of human rights is something that sociologists are well equipped to undertake, whether through the use of mathematics, comparative-historical analysis, the (...) study of emotions, conversations, or social psychology. In these chapters you will find the roots of the study of human rights deep within sociological research and thinking as well as emerging techniques that will push the discipline as it seeks to expand understanding of human rights together with so many other aspects of the social condition. (shrink)

This article reviews the social scientific literature on the causes of and prevention of torture, analyzes its successes and failures, and proposes a way forward. Many researchers have adopted a rational-actor, principal-agent framework, which fails to fully account for the multiple and often irrational motives of actors who work within complex bureaucracies. Researchers have also tended to follow the lead of practitioners, critiquing their approaches at prevention but not providing their own evidence-based recommendations. Future research should examine the role of (...) irrational motives, multiple actors, and complex bureaucracies in causing torture to happen, at the level of individuals, governmental institutions, and nation-states. The lessons from this research can help advocates better convince individual actors that torture is unethical and ineffective, better direct interventions into the structure of complex bureaucracies, and better direct international advocacy, providing other solutions besides “naming and shaming” campaigns. (shrink)

In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the rule of (...) the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experiment with the development of representative democracy as well as the French revolution, after which the idea that rights should not be influenced by the status of the individual became the bedrock of a democratic system. But progress on the creation and protection of individual rights for all has been uneven. Democratic systems themselves often limit the scope of rights, particularly rights to participate in the political system. Stourzh brings this learned exploration forward to the discussions of human rights and democracy in the postwar period, with the end of the colonial empires and the fall of fascist dictatorships. He demonstrates how deeply intertwined equal rights for all, under law, as a concept and practice are with the development of democracy. He then explores the challenges to the idea of equal rights posed by economic inequality and the demands of the "security state" and concludes with a discussion of universal human rights which, under his idea of isonomy, will require bodies superior to nation-states to enforce. (shrink)

A work of intellectual history, the book traces the notion of human rights as articulated in the Enlightenment to the evolution of humane discourse and empathetic thought in Ancient Greece.

Philosophers, lawyers, and political scientists have for a long time attempted to solve issues related to human rights, crises, and catastrophes. This article aims at bringing these debates together, to show that human rights and crises are mutually interdependent. More precisely, I will illustrate that the instincts and emotions triggered by the materialization of certain crises and catastrophes might devalue the implementation of human rights law as it influences our conception of the grounding of human rights qua moral rights. For (...) this reason, a call for a “theory of want” as a justification for the grounding and the implementation of human rights in times of crisis is needed. (shrink)

This chapter delves into the examination of racist discourse in Japan and the process of problematizing it to elucidate the nuances of human rights and discrimination within Japanese society. Since the mid-2000s, explicit manifestations of racism have occurred on the streets of major Japanese cities. A series of counter-hate movements, initiated by both Japanese and Koreans, have heightened awareness regarding hate speech in society and successfully influenced the enactment of the Act on Promotion of Efforts to Eliminate Unjustifiable Discriminatory Speech (...) and Behavior against Persons of Non-Japanese Nationality in 2013. Nevertheless, despite the ongoing discussions surrounding the so-called “Japanese-style xenophobia” that have spurred broad support for regulating racist discourse in Japan, this very concept can potentially obscure the intricate and multifaceted dynamics of racism and nationalism, resulting in the continued limitation of human rights for foreign residents. (shrink)

By embracing the ontological view of vulnerability and stressing its social basis, the paper aims to clarify the role of vulnerability within human rights paradigm.Vulnerability is conceived of by the author as a heuristic notion, which works as a pillar for a general approach to some crucial challenges to human dignity. Both this heuristic notion and these challenges are regarded in the paper as hallmarks for the human rights paradigm.In order to ground this view, the coherence between “vulnerability turn” and (...) the rationale of human rights relies on a four-steps argument dealing with: (i) the denial of a necessary mismatch between the notion of vulnerability and the principle of autonomy; (ii) the appreciation of relation in human rights conceptualization; (iii) the complementarity between vulnerability, as a heuristic notion, and the principle of equality; (iv) the understanding of vulnerability as a “vehicle of empathy” not necessarily involving paternalist trends and therefore not in conflict with the empowerment purposes of human rights.The relevance of “vulnerability turn” in human rights paradigm is defended in the paper within a view of human rights as basic rights, i.e. as means to prevent or fight against those threats that seriously affect basic human needs. (shrink)

Background and Objectives People living with dementia have historically been excluded from qualitative research and their voices ignored due to the perception that a person with dementia is not able to express their opinions, preferences and feelings. Research institutions and organizations have contributed by adopting a paternalistic posture of overprotection. Furthermore, traditional research methods have proven to be exclusionary towards this group. The objective of this paper is to address the issue of inclusion of people with dementia in research and (...) provide an evidence-based framework for dementia researchers based on the five principles of human rights: Participation, Accountability, Non-discrimination and equality, Empowerment and Legality (PANEL). Design This paper adapts the PANEL principles to the research context, and uses evidence from the literature to create a framework for qualitative research in people with dementia. This new framework aims to guide dementia researchers in designing studies around the needs of people with dementia, to improve involvement and participation, facilitate research development and maximize research outcomes. Results A checklist is presented with questions related to the five PANEL principles. These questions cover ethical, methodological and legal issues that researchers may need to consider while developing qualitative research for people with dementia. Conclusions The proposed checklist offers a series of questions and considerations to facilitate the development of qualitative research in patients with dementia. It is inspired by current human rights work of recognized dementia researchers and organizations who have been directly involved in policy development. Future studies need to explore its utility in improving participation, facilitating ethics approvals and ensuring that outcomes are relevant to people with dementia. (shrink)

This chapter explores Carter v CanadaCanada, the case that led to the decriminalization of termination of life practice in Canada, otherwise known as “Medical Assistance in Dying” or “MAID”. The preliminary objective of this chapter is to assist those trying to better understand what the Supreme CourtSupreme Court of Canadaof CanadaSupreme Court of Canada actually decided by providing the reader with a concise summary of the Court’s Sections 7 and 1Charter of Rights and FreedomsSection 1 analysis pursuant to the Canadian (...) Charter of Rights and Freedoms. The secondary objective however is to scrutinize within this summary, how the analysis identifies and balances “competing” rights and values as between persons seeking physician-assisted death (the Plaintiff in Carter) and the protection of vulnerable persons from being induced to commit suicide in times of weakness (the target of the Criminal CodeCriminal Code of Canada provision under scrutiny). The main purpose of this chapter is not to provide a general critique of the Sections 7 and 1 analyses per se. Rather the purpose is to demonstrate how the overall Charter analysis ultimately operates to sideline “competing” societal values and obscure the critical concepts of seeking versus inducing MAID. As more information regarding the lived experiences of “vulnerable” Canadians begins to come to light, these concepts are of utmost significance to ongoing discussions around MAID reform. (shrink)

ExcerptHuman rights organizations for the past few decades have generally attempted to promote international law against the principle of state sovereignty in order to establish human rights norms worldwide. This approach presumes the universality of human rights is in fundamental opposition to the principle of sovereignty because this principle can be used by governments to shield themselves from outside criticism. By contrast, the U.S. State Department’s Report of the Commission on Unalienable Rights has outlined an approach that emphasizes not just (...) the compatibility between universal human rights and state sovereignty but even their dependence on each other.1 We see the results of this clash in the response to the Report by Kenneth Roth, executive director of Human Rights Watch and one of the expert witnesses during the commission’s proceedings.2 He sees in the Report’s foregrounding of the Universal Declaration of Human Rights “a frontal assault on international human rights law” because it shifts attention away from international law and toward more informal documents such as the Universal Declaration, which lays out a set of goals rather than legally binding commitments. (shrink)

ExcerptMany people assume that the Universal Declaration of Human Rights of 1948 was an exclusively or primarily Western project, imposed on the rest of the world by the European and American powers that emerged victorious from World War II. Harvard Law professor Mary Ann Glendon’s 2001 book, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, suggests otherwise. It was not the great powers but small powers that pushed hardest for a declaration of rights. And it (...) was often great powers—and one must acknowledge, great powers dominated by people of European ancestry—that did not like the idea of being pushed around by politically and economically weaker inhabitants of the Global South, who were just beginning to emerge from centuries of Western colonialism and other forms of oppression.1. (shrink)

ExcerptIn his insightful book Human Rights as Politics and Idolatry, Michael Ignatieff observes that “[t]he challenge of Islam has been there from the beginning.”1 Ignatieff is not alone among Western observers. And in this context, I would like to begin by stating up front that I am neither an opponent of human rights per se nor among those tradition-bound Muslims—though that I am–who abstain from either endorsing the construct or rejecting it outright, presumably as an exercise of sorts in “passive (...) resistance.” Similarly, I do not believe, as another scholar characterizes the position of revealed religion, that “human rights are a secular usurpation of the rights of God.”2 In fact, as I will show, for well over half a millennium, Muslims have theorized on what could only be considered a concept of human rights, while simultaneously recognizing the “rights of God.” Nor do I believe, contrary to popular perception, that the purportedly “secular” roots of human rights necessarily place them outside the reach of Islam, unless, of course, one assumes, as I do not, that the dominant understanding of “secular” in the West is the only meaning the term can legitimately carry. These are among the reasons why, for me, the idea of summarily rejecting human rights seems so unnecessary if not misguided. (shrink)

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, though, can inspire (...) attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

ExcerptThe University of Notre Dame Kellogg Institute’s 2021 conference on “Inalienable Rights and the Traditions of Constitutionalism” was, for me, a breath of oxygen because it brought together many who understand that human rights are more than simply reflections of particular political preferences of some societies at particular times, and that to understand human rights that way reduces them to the level of arbitrary positive law. Human rights are based in human nature, and in nature itself, not simply in international (...) legislation. Today, the idea of human rights serves many masters: utilitarianism, consequentialism, communitarianism, socialism, postmodernism, intersectionality—not to mention numerous regimes that defend human rights violations with human rights rhetoric. But the conferees seemed to generally agree that human rights are principles, rooted in human nature, that can protect our moral and political freedom. (shrink)

As COVID-19 keeps impacting the world, its impact is felt differently by people of different sexes and genders. International guidelines and research on gender inequalities and women’s rights during the pandemic have been published. However, data from Taiwan is lacking. This study aims to fill the gap to increase our knowledge regarding this issue and provide policy recommendations. This study is part of a more extensive project in response to the fourth state report concerning the implementation of the Convention on (...) the Elimination of All Forms of Discrimination against Women in Taiwan in 2022. We have drawn on the guidelines and documents published by the United Nations human rights bodies, conducted interviews with advocacy and professional practitioners, and hosted a study group comprising students and teachers from the National Taiwan University College of Public Health to supplement the interview data. The data were analyzed thematically. The results include five themes: (1) particular health risks to carers (primarily women); (2) COVID-related measures’ impact on women’s health and health behaviors; (3) highly gendered psychological maladjustment; (4) increase in gender-based violence and domestic violence; and (5) mental health inequities and intersectionality. The study has global implications for societies of similar sociopolitical contexts and developmental statuses. To truly live up to the standard of CEDAW and other international human rights principles, we ask that central and local government be more aware of these lived experiences and adjust their policies accordingly, accounting for gender sensitivity. (shrink)

The scale of the consequences caused by Russia’s aggression against Ukraine inevitably leads to reflections on the collective responsibility of Russian citizens. The philosophical justification of collective responsibility is still problematic. The main issues under debate are the possibility of the existence of collective social agents and collective guilt as a basis for imposing responsibility. This article proposes to look at the activities of the European Court of Human Rights as a practice of collective responsibility in international law. The activities (...) of the European Court of Human Rights can serve as a practical benchmark for assessing certain theoretical positions. Important historical experience is provided by the practice of holding the international military tribunal in Nuremberg (Germany, November 20, 1945 – October 1, 1946), which had the status of an international court over the military and political leadership of Nazi Germany – known as the Nuremberg Trials. With this practical example of collective responsibility in mind, the study proposes to conduct a selective reverse review of the philosophical views of Hannah Arendt and Karl Jaspers. The study demonstrates that although the reflections of these philosophers were not without certain flaws, Arendt and Jaspers, focusing mainly on different aspects, were able to offer a generally sound justification for collective responsibility. Their proposed justification can serve as a foundation for further developments in this area. The practical significance of this conclusion is that it may give impetus to the development of new legal mechanisms of collective responsibility of the Russians for the consequences of their unjustified aggression against Ukraine. Such collective responsibility has not only legal, but also moral and political dimensions, and is also a component of the so-called social «educational process» (Lernprozess). (shrink)

The paper clarifies first a critical understanding of “progress”. Progress implies a development for the better, the comprehensive definition of which must be a conception of justice if progress is to justify global developments and political rule. Therefore a somewhat minimal but complex definition of “human rights justice”, as formulated in the international human rights pacts since 1948, is explained. Through this, the different but systematically interrelated human rights (liberty rights, justice rights, political rights, economic, cultural and social rights) can (...) allow for reflected and more comprehensive assessments of progress in different areas of development. But it is also necessary to integrate the specific progress developments into a comprehensive conception of human rights justice, the precise definition of which requires not only the observance of social but ultimately of all human rights, and in particular political participation rights. In the final section some problems of this approach will be discussed. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

Justice for painful experiences or human rights violations is pursued in many forms. In furtherance of justice, individuals and communities adopt creative and meaningful ways to express their pain, heal, and become more resilient. One such practice is dance—an arts-based solution with both therapeutic value and the power to promote physical, emotional, and mental well-being. Dance has been described as a much-needed “solution to the problems of the world”, and “an important player in countering tyranny [that] helps heal the wounds (...) of torture and trauma and build a more humane society.” A closer look at dance-based interventions also signals the limitations of legal and political mechanisms and practices (courts, tribunals, policy, etc.) in matters of justice and well-being. (shrink)

We reinvigorate vulnerability theory as a radically ethical device — ethical vulnerability analysis. We bring together fuller vulnerability analysis as theorized by Fineman and Grear in conversation with Levinas and Derrida’s radical vulnerability and the ethics of hospitality to construct a theoretical framework that is firmly anchored in the realities of the everyday that are vulnerability and migration. This novel framework offers a thinking space to subvert approaches to migrants and migration as it compels us to come face-to face with (...) the “other”, which in turn renders the political accountable by her. We deploy ethical vulnerability analysis to deconstruct the EU’s “migration crisis” and investigate whether the activation of temporary protection for displaced persons from Ukraine signifies a humanizing turn in the EU’s asylum and migration policies. In this regard, we submit that this hospitable moment constitutes an “exception to the rule” rather than a paradigm shift. (shrink)

This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a “shadow pandemic” and a “hidden crisis”, the article conceptualizes two parallel phenomena: how the COVID-19 pandemic — and crises in general — impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat and (...) reduce IPV. The article then draws a parallel between crisis discourse and vulnerability reasoning, analyzing how vulnerability has played a similar role within the case law of the European Court of Human Rights (ECtHR) and led the latter to develop a consistent strand of case law concretizing states’ positive obligations. The article also takes a critical stance, examining the risks of crisis discourse and vulnerability when viewed through a crisis lens. To counter these risks, it argues for a nuanced, structural, and dynamic understanding of vulnerability and a focus on resilience-building institutions and mechanisms. Within the ECtHR case law, this signifies elaborating upon the already existing positive obligations, including by taking inspiration from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Such an approach is necessary to leave behind the emergency time usually associated with crises and work toward lasting structural change. (shrink)

Sex workers in the Netherlands experienced severe financial and social distress during the COVID-19 health crisis. Notwithstanding them paying taxes over the earnings, they were excluded from government financial support, faced discriminatory treatment concerning safe reopening, and experienced increased repression and stigmatization. In this contribution, I explore whether the concept of “vulnerability” contributes to understanding (and addressing) that situation. Data acquired through participatory action research, partly taking place online during lock-down measures, and literature and content analysis show that labeling sex (...) workers “vulnerable” deflects attention away from the (in)actions of Dutch authorities responsible for sex workers’ precarious conditions during the pandemic. Government denial and strategies of abjection explain these conditions better than “vulnerability” does, as they return the gaze to actors and processes accountable for sex workers’ exclusion and criminalization during the COVID-19 health crisis and thereby put responsibility where it belongs. (shrink)

With a view to contributing to a more nuanced view on the use of the vulnerability rhetoric in times of crisis, the article addresses the relationship between the “crisification” and “vulnerabilization” of human rights protection. In so doing, it discusses the concepts of crisis and vulnerability, as well as the related human rights obligations incumbent on states. By contemplating upon some of the processes through which the rhetoric of vulnerability both opens doors to protection and closes them, the article deconstructs (...) vulnerabilization as an active legal and societal process in addressing different situations seen as crises. In so doing, it challenges the on-face neutrality of the concept of vulnerability as a tool to target protection in exceptional times and calls for an approach to vulnerability in times of crisis that is more firmly anchored in the normative baseline of international human rights law. (shrink)

The early twenty-first century will be remembered as a time of constant crisis. These crises have created repeated global states of emergency, revealing gaps, and inadequacies in social protection systems worldwide. Alongside these crises, and as a response to them, social protection has grown into a paradigm of global governance. This development is also noticeable in the practices of the World Bank and the International Monetary Fund. At the heart of all social protection policies is the protection of vulnerable groups. (...) Crises create new vulnerabilities and deteriorate the situation of those already vulnerable. The article explores the social protection endorsement of the World Bank and the International Monetary Fund through the financial crisis and the COVID-19 pandemic. It shows how crises have fueled their social protection endorsement, making protection of vulnerable groups a central outspoken policy preference. The article asks whether the policies adopted in response to the pandemic confirm their social protection commitment and what challenges remain. (shrink)