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  1. Is there a human right to tobacco control?Andreas T. Schmidt - 2020 - In Marie Gispen (ed.), Human Rights and Tobacco Control. Translated by Birgit Toebes.
    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 (...)
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  2. The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights by Alice Margaria, 1st ed.Tapio Koivula - forthcoming - Human Rights Review:1-3.
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  3. Towards an action-guiding theory of human rights.Cristián Rettig - 2023 - Journal of Global Ethics 19 (2):206-220.
    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 (...)
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  4. Choose Your Bearing: Édouard Glissant, Human Rights, and Decolonial Ethics.Benjamin P. Davis - 2023 - Edinburgh University Press.
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  5. Prosecuting Environmental Harm before the International Criminal Court by Matthew Gillett.Roger S. Clark - forthcoming - Human Rights Review:1-3.
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  6. Human Rights: Moral or Political?Jesse Tomalty - forthcoming - Philosophical Quarterly.
    This volume makes a welcome contribution to the burgeoning philosophical scholarship on human rights by foregrounding methodological and meta-philosophical issu.
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  7. Human Rights Penality and Violence Against Women: The Coloniality of Disembodied Justice.Silvana Tapia Tapia - forthcoming - Law and Critique:1-25.
    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 (...)
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  8. Three conceptions of human rights.Mogens Chrom Jacobsen - 2011 - Malmö: NSU Press.
    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.
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  9. An Environmental Human Rights Approach to Environmental Tobacco Smoking.Emrah Akyuz - 2023 - Muslim World Journal of Human Rights 20 (1):97-120.
    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 (...)
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  10. Human rights and human nature.Marion Albers (ed.) - 2014 - New York: Springer.
    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 (...)
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  11. Setting a human rights and legal framework around ‘the ethics of consent during labour and birth: episiotomies’.Bashi Kumar-Hazard & Hannah Grace Dahlen - 2023 - Journal of Medical Ethics 49 (9):634-635.
    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 (...)
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  12. Local Agents of International Justice? On the Role of Subnational Units in Refugee Protection.Ana Tanasoca - forthcoming - Human Rights Review:1-23.
    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 (...)
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  13. Corporate Responsibility for Human Rights.Bert van de Ven - 2023 - In Wim Dubbink & Willem van der Deijl (eds.), Business Ethics: A Philosophical Introduction. Springer Nature Switzerland. pp. 197-206.
    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.
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  14. Bioethics, health law, and human rights.George J. Annas - 2014 - In Yann Joly & Bartha Maria Knoppers (eds.), Routledge Handbook of Medical Law and Ethics. Routledge.
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  15. GENDER, HUMAN RIGHTS AND EDUCATION IN AFRICA.Ikechukwu Anthony Kanu (ed.) - 2023 - USA: APAS.
    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 -/- .
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  16. Patočka's asubjective phenomenology: toward a new concept of human rights.James R. Mensch - 2015 - [Würzburg]: Königshausen & Neumann.
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  17. Introduction fragile freedoms : the global struggle for human rights.Steven Lecce, Neil McArthur & Arthur Schafer - 2017 - In Steven Lecce, Neil McArthur & Arthur Schafer (eds.), Fragile Freedoms: The Global Struggle for Human Rights. Oup Usa.
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  18. Human Rights.Tracey Skillington - 2023 - In Nathanaël Wallenhorst & Christoph Wulf (eds.), Handbook of the Anthropocene. Springer. pp. 1703-1707.
    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 (...)
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  19. Human rights on trial: a genealogy of the critique of human rights.Justine Lacroix - 2018 - New York, NY: Cambridge University Press. Edited by Jean-Yves Pranchère & Gabrielle Maas.
    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 (...)
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  20. Human rights in Africa.Bonny Ibhawoh - 2018 - New York, NY: Cambridge University Press.
    An interpretative history of human rights in Africa, exploring indigenous rights traditions, anti-slavery, anti-colonialism, post-colonial violations and pro-democracy movements.
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  21. Assisted suicide and the European convention on human rights.James E. Hurford - forthcoming - The New Bioethics:1-4.
    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...
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  22. The Role of Affective Empathy in Eliminating Discrimination Against Women: a Conceptual Proposition.Michaela Guthridge, Tania Penovic, Maggie Kirkman & Melita J. Giummarra - forthcoming - Human Rights Review:1-24.
    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 (...)
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  23. Liars, Skeptics, Cheerleaders: Human Rights Implications of Post-Truth Disinformation from State Officials and Politicians.Nicky Deluggi & Cameran Ashraf - forthcoming - Human Rights Review:1-23.
    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 (...)
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  24. Sociology for human rights: approaches for applying theories and methods.David L. Brunsma, Keri E. Iyall Smith & Brian Gran (eds.) - 2019 - New York, NY: Routledge.
    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 (...)
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  25. Understanding and Preventing Torture: a Review of the Literature. [REVIEW]Christopher J. Einolf - forthcoming - Human Rights Review:1-20.
    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 (...)
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  26. Modern isonomy: democratic participation and human rights protection as a system of equal rights: an essay.Gerald Stourzh - 2021 - London: University of Chicago Press. Edited by Cynthia Peck-Kubaczek.
    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 (...)
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  27. The ancient Greek roots of human rights.Rachel Hall Sternberg - 2021 - Austin: University of Texas Press.
    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.
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  28. Human needs or Human wants? The Impact of crises and catastrophes on Human Rights.Marzia Marastoni - forthcoming - Filosofia Revista da Faculdade de Letras da Universidade do Porto.
    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 (...)
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  29. Questioning Xenophobia in Japan: Racism, Decolonization, and Human Rights.Sara Park - 2023 - In Kimiko Tanaka & Helaine Selin (eds.), Sustainability, Diversity, and Equality: Key Challenges for Japan. Springer Verlag. pp. 327-342.
    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 (...)
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  30. Vulnerability and Human Rights: Which Compatibility?Elena Pariotti - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (4):1401-1413.
    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 (...)
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  31. A human rights-based framework for qualitative dementia research.Alicia Diaz-Gil, Joanne Brooke, Olga Kozlowska, Debra Jackson, Jane Appleton & Sarah Pendlebury - forthcoming - Nursing Ethics.
    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 (...)
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  32. Carter v Canada: Exploring the Ebb and Flow of “Competing” Societal Values Through Sections 7 and 1 of the Canadian Charter of Human Rights and Freedoms. [REVIEW]Mary J. Shariff - 2023 - In Jaro Kotalik & David W. Shannon (eds.), Medical Assistance in Dying (MAID) in Canada: Key Multidisciplinary Perspectives. Springer Verlag. pp. 254831331-5350314.
    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 (...)
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  33. Human Rights and Nation-State Sovereignty.David Pan - 2023 - Telos: Critical Theory of the Contemporary 2023 (203):99-108.
    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 (...)
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  34. “Three Rights Traditions Walk into a Bar in Jakarta”: Inalienable Human Rights from the Perspective of Different Civilizations.Timothy Samuel Shah & C. Holland Taylor - 2023 - Telos: Critical Theory of the Contemporary 2023 (203):78-98.
    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 (...)
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  35. Islam and the Promotion of Human Rights.Sherman A. Jackson - 2023 - Telos: Critical Theory of the Contemporary 2023 (203):59-77.
    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 (...)
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  36. Dignity and Human Rights: Aspirations and Challenges in an Age of Political Divisions, Distrust, and AI.Martha Minow - 2023 - Telos: Critical Theory of the Contemporary 2023 (203):21-39.
    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 (...)
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  37. Human Rights Practice and Natural Law.Aaron Rhodes - 2023 - Telos: Critical Theory of the Contemporary 2023 (203):47-58.
    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 (...)
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  38. Gendering the Pandemic: Women’s Health Disparities From a Human Rights Perspective.JhuCin Rita Jhang & Po-Han Lee - forthcoming - Health Care Analysis:1-18.
    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 (...)
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  39. Philosophical Foundations of Collective Responsibility on the Example of the Activities of the European Court of Human Rights.Serghiy Zayets - 2023 - Філософія Освіти 29 (1):8-21.
    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 (...)
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  40. Progress and Human Rights Justice as Evaluating Criteria for Global Developments.Georg Lohmann - 2020 - Yearbook for Eastern and Western Philosophy 4 (1):241-254.
    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 (...)
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  41. The Interdependence of Domestic and Global Justice.Valentin Beck - 2020 - Yearbook for Eastern and Western Philosophy 4 (1):75-90.
    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 (...)
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  42. A Confucian Farewell to Human Rights?Georg Lohmann - 2022 - Yearbook for Eastern and Western Philosophy 5 (1):257-271.
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  43. How Dance Can Promote Justice and Well-Being.Deepa Kansra - 2023 - Psychology Today Blog.
    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 (...)
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  44. Rethinking Vulnerability as a Radically Ethical Device: Ethical Vulnerability Analysis and the EU’s “Migration Crisis”.Sylvie Da Lomba & Saskia Vermeylen - 2023 - Human Rights Review 24 (2):263-288.
    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 (...)
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  45. Beyond Crisis: Understandings of Vulnerability and Its Consequences in Relation to Intimate Partner Violence.Nesa Zimmermann - 2023 - Human Rights Review 24 (2):193-216.
    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 (...)
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  46. Protecting Whom, Why, and from What? The Dutch Government’s Politics of Abjection of Sex Workers in Times of the COVID-19 Pandemic.Brenda Oude Breuil - 2023 - Human Rights Review 24 (2):217-239.
    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 (...)
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  47. Correction to: Subjects of Intergenerational Justice: Indigenous Philosophy, the Environment and Relationships by Christine J. Winter. Abingdon: Routledge, 2022.Jessika Eichler - 2023 - Human Rights Review 24 (2):317-317.
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  48. Introduction: Approaches to Vulnerability in Times of Crisis.Mikaela Heikkilä & Maija Mustaniemi-Laakso - 2023 - Human Rights Review 24 (2):151-170.
    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 (...)
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  49. Subjects of Intergenerational Justice: Indigenous Philosophy, the Environment and Relationships by Christine J. Winter. Abingdon: Routledge, 2022.Jessika Eichler - 2023 - Human Rights Review 24 (2):313-315.
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  50. Twenty-First-Century Crises and the Social Turn of International Financial Institutions.Viljam Engström - 2023 - Human Rights Review 24 (2):289-306.
    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. (...)
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