Human Rights and Global Justice

Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and the key provisions dealing with the (...) redressal mechanisms and processes. Much emphasis is given to highlighting the expansion of the normative framework through the works of the Committee under the ICESCR. The document highlights a few of the important standards developed, interpreted and applied by the Committee in its dealing with member states. The document also mentions a few areas that need further study and analysis in order to understand the impact of the OP-ICESCR mechanisms within domestic jurisdictions, particularly of the member states. (shrink)

In this paper, I raise some doubts about Nicole Hassoun's account of the obligations of states, pharmaceutical firms, and consumers with regard to global health, presented in Global Health Impact. I argue that it is not necessarily the case, as Hassoun claims, that if states are just, and therefore satisfy all of their obligations, then consumers will not have strong moral reasons, and perhaps obligations, to make consumption choices that are informed by principles and requirements of justice. This is because (...) there may be justice-based limits on what states can permissibly and feasibly do both to promote access to existing drugs for all of those who need them, and to promote research and development for new drugs that could treat diseases that primarily affect the global poor. One important upshot of my argument is that there can be reasons for organizations like the Global Health Impact Organization to exist, and to do the kind of work that Hassoun argues is potentially valuable in our deeply unjust world, even in much less unjust worlds in which states and firms largely, or even entirely, comply with their obligations. (shrink)

The Global Religious Recognition Report (GRR Report) returns for its second edition, this year including more detail on each country and territory's registration policies and on their practices of states extending privileges to some religions and beliefs and not others. Recognition and registration issues continue to impact conditions of freedom of religion or belief throughout the world and it is the purpose of the GRR Report to highlight the extent of these issues nation by nation as part of the report's (...) country-specific approach to the subject. Detailed explanations of registration policy have been gathered from the Office of International Religious Freedom's International Religious Freedom Report in addition to other credible sources. The RoRB classification for each country and territory has been updated in accordance with the criteria set out in the Spectrum of Religious Recognition (SRR) which was included towards the front of this year's report. With more detail provided this year on registration policy in each nation, this report has revealed the complexity of registration issues and the drastic impacts they have on religious freedom. (shrink)

In the past few years, health and human rights scholars have stressed upon the need for rebuilding or reforming our health systems to make them both more resilient to health emergencies and less prone to nurturing inequalities. Discussions about health reform often centre on the ends of reform: the kind of health systems that should be built and the demands of justice that they should be able to satisfy once reformed. However, little has been said about the demands of justice (...) in or during health reforms. This chapter intends to start that discussion. Borrowing from the literature on transitional justice, we argue that an analogous problem of transitional justice exists in the context of health. We outline some of the key elements of transitional health justice, including some of its key demands, practices, and corresponding institutional framework. We conclude by highlighting an important relationship between transitional health justice and transitional justice. (shrink)

Journal of Applied Philosophy, EarlyView.

International human rights law allows states to derogate some of their human rights obligations in times of public emergency. This essay attempts a normative assessment of the practice of derogation. We discuss, specifically, whether derogation is compatible with the logics and morality of rights. We notice that a major inconsistency between rights and derogation derives from the unilateral character of derogation: derogating parties are assigned a power-right to annul their own rights-based obligations. This contrasts with the idea, central to rights, (...) that rights-based obligations are owed to the right-holder. Only through consent of right-holders, we argue, can duties owed to them be modified or annulled. But whether the current practice of derogation is interpretable as a form of consent to rights infringement is highly disputable. (shrink)

This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...) sessions of the webinar, the participants explored the terrain of relevant concepts, emerging norms, and moral justifications that underline the case of non-human entities: (i) The Limits of Animal Rights: Exploring the Case for Multispecies Justice, (ii) Humanist Dimensions of Machines, and (iii) Representing Nature: Rights, Crimes, and Diplomacy. Scholarly literature on the subject matter sheds light on the gaps in existing legal frameworks concerning the responsibilities of human beings towards non-human life forms. There is evidence of a growing universal consciousness embedded in the worth and sacredness of non-human life forms. A series of developments in the fields of technology, philosophy, and other disciplines have moved non-human entities to the forefront of legal reforms, domestic and international. (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)

RESUMO Em geral, podemos encontrar na literatura (tanto na popular quanto na acadêmica) atribuições de deveres coletivos complexos a coletivos não estruturados extensos de indivíduos. Por “deveres coletivos complexos”, quero dizer deveres coletivos que, de maneira plausível, exigem que os membros individuais de um coletivo não estruturado extenso empreguem tipos diferentes de ações contributivas para alcançarem um objetivo coletivo - por exemplo, o suposto dever coletivo universal de acabar com a pobreza mundial. Neste artigo, defendo que esses deveres não orientam (...) a ação. O motivo é por que eles não passam no que chamo de “teste de orientação de ação”. Esse teste pressupõe a crença intuitiva de que um dever moral orienta a ação apenas se, para o portador do dever, estiver claro o tipo de ação que ele deve praticar após a atribuição do dever. Deveres coletivos complexos atribuídos a coletivos não estruturados extensos não passam nesse teste porque, embora cada portador do dever (ou seja, cada membro do coletivo) receba orientação sobre o fim que se deve atingir em conjunto, não está claro para esses agentes o tipo de ação que cada um deles deve por em prática. (shrink)

The principal finding of the doctoral research of Cometan (a.k.a. Brandon Reece Taylorian) was that the ways governments, both authoritarian and democratic, use their powers to recognise religions and beliefs and register religious or belief organisations is negatively impacting conditions of freedom of religion or belief. Cometan explored the range of recognition and registration issues plaguing religious freedom and other human rights and discovered that there lacks a definitive set of international standards to address some of the granular topics that (...) are causing registration procedures in particular to become onerous and thus impedimental to the free and legal exercise of religion or belief. Cometan's International Religious Rights and Standards (IRRS) document presents a series of standards for how nation states ought to develop their recognition and registration policies and practices to remain FoRB-compliant. The standards of the IRRS document have been created based on the results of Cometan's PhD research, the thesis for which is titled Religious Freedom and State Recognition of Belief. Cometan's intention is that the IRRS document will encourage international organisations like the OSCE and the United Nations as well as national and international human rights courts such as the ECtHR to establish more detailed and country-specific guidelines to address the breath of registration issues and the recognition issues that often worsen such issues. (shrink)

Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a new (...) generation of Afghan boys and girls who will not see their fundamental human rights upheld by the very institutions that are supposed to protect them.​ -/- The Religious Recognition Project considers the topic of how countries register religious groups and activities is one of the foremost issues in the modern world when it comes to respecting and protecting freedom of religion or belief (FoRB). The majority of countries and territories (58% or 137 out of 235 studied) either continue to make government registration mandatory for religious groups or provide no registration procedures at all. -/- An even greater majority of countries have established onerous registration procedures, the consequences of which, whether by intention or not, include the disenfranchisement of belief communities, the deregistration or denial of registered status for minority or "untraditional" religious groups, and the state's maintenance of control over the religious and philosophical lives of citizens. In essence, issues of registration remain a harbinger of worse violations of FoRB to come so if a focus is placed on dismantling these misused recognition and registration systems, it is possible that we could see a brighter future for FoRB conditions in countries worst effected by this issue. (shrink)

The Convention of the Rights of the Person in Outer Space, more informally known as the Space Rights Convention, is a human rights and animal rights document that outlines basic principles, rights and freedoms bestowed to different categories of species in outer space which including on extraterrestrial bodies (both planetary and sub-planetary), synthetic bodies (e.g. space stations), as well as on spacecraft (both commissioned and uncommissioned) travelling through space itself (which is often referred to in the Convention as the interspace (...) (i.e. the space between terrestrial bodies). The Convention mirrors much of the rights outlined in the 1948 Universal Declaration of Human Rights but its purpose is to tailor those fundamental human rights to the context of spacefaring activity and to civilisations beyond planet Earth's atmosphere. The Convention was composed by Cometan and is published by the Astronist Institution alone on 23rd May 2022 and is scheduled to be republished as one of the preppendices of the Astrodoxy as its final major draft, after which only amendments may be made to its contents. (shrink)

I argue that agents can have duties to cooperate with one another if this increases their combined efficiency and/or efficacy in addressing ongoing collective moral problems. I call these duties cooperative duties of efficiency and efficacy. I focus particularly on collective agents and how agents ought to reason and act in the face of global moral problems. After setting out my account, I argue that a subset of cooperative duties of efficiency and efficacy of collective agents are duties of justice (...) in virtue of the roles these agents have taken up. (shrink)

Compared to the COP26 summit in Glasgow last year, the COP27 summit in Sharm el-Sheikh has been distinguished by greater inclusion of voices from the Global South, as evidenced by the acceptance of a proposal to create a ‘loss and damage’ fund for developing countries that are suffering from climate disasters. However, it remains to be seen how the mechanisms for the implementation of this fund will be worked out. Western developed countries were vocal in their opposition to the fund (...) throughout the summit, and it was only due to relentless pressures by developing countries that they eventually relented. If past events are anything to go by, then it is highly unlikely that the most vulnerable countries will get to have a substantial say in how the climate fund is operated. In fact, the Western developed countries are already trying to use this as an opportunity to drive a wedge between developing countries and China, whose lending and investment policy presents a favourable alternative to ‘strings-attached’ IMF funding. This is precisely one of the hallmarks of ‘climate colonialism’: a concept that refers to the deployment of justifications ostensibly related to the need to bring the causes of anthropogenic climate change under control, but which in fact serve to legitimize the domination of weaker, poorer states in the periphery of the world-system by stronger wealthier states in the core. What this means is that those who are most responsible for the impending catastrophe will get to dictate the terms of the response (even if ineffective) in a manner that would ensure they can externalize the costs to those who are least culpable. It is well known that poorer countries in warmer climates will be the most severely affected as the plant continues to warm. (shrink)

Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported by human rights principles. One finds (...) that across legal systems, laws align and support these considerations while making justice for psychological harms a matter of rights, well-being, and state responsibility. Human rights practice, literature, and studies highlight the contribution of law and psychology toward justice for psychological harms. Questions of interest to both are whether there is a universal theory on psychological harms to inform matters of justice; whether psychological harm can have a cultural context; whether psychological suffering can have an empirical measure; and whether newer threats like climate anxiety and technology-based harm are being addressed. (shrink)

The notion that immigrants have a right to immigrate to the U.S. appears to conflict with the government’s or citizens’ property rights. Michael Huemer has given one of the most interesting and provocative arguments on immigration in years. It turns the dominant view on its head. Unfortunately, the argument fails. U.S. citizens own land, individually, collectively, and via their government. For immigrants to gain a right to enter on it, Huemer must think that the landowners have lost their rights to (...) their land, the landowners’ rights are overridden, or the landowners’ rights are undermined. He does not show that any of these are true. A separate issue and one not discussed here is whether it is a wise policy to reduce or end immigration to the United States. (shrink)

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (PRC), (...) the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

Modern and contemporary politics of P. R. China contain many elements similar to neo-Nazism if not anti-communist. The derivation from Communist doctrines was a less-known debate inside the CPC party leadership soon after the declaration on the founding of People’s Republic of China - notably between Mao, Zedong and the state leadership which resulted in the criminalization of the first president Liu, Shaoqi. The researcher, as a self-identified cisgender homosexual male and Christian, observed the cultural revisionist developments of the P. (...) R. C. regime from early childhood to date. The article enumerates some elements of the Chinese culture’s characteristics in taming and eliminating psychological and social identity formation that constitutes the regime stability in its dictatorial diplomatic rhetorics. It adopts the Christian theology and queer theology in a Gestalt recombination for the non-identity problem albeit with predominant militarization of religion approaches by the “United Front Working Group” for populist enslavement. The article hypothesizes a receptive psychosocial identity from such population in general, and the similar for Buddhist cultural origins. With the influences of designed propaganda media in media psychology, the political responses in mass psychological phenomena from the suppressed regime is considered to be a reflection on their inner senses of helplessness from the active and reactive failures of identity formation. The amplification of such phenomena is contributed by the nationalism propagandas and a gaslighting technique applied to International relations, which results in subjective Stockholm syndrome in some portions of the population. Relative intersubjectivity and absolute personal identity will be discussed in the conclusions, and its implications to dictatorial politics. (shrink)

According to the well-known “claimability objection” posed by O’Neill, it is unjustified to hold that each individual has a human right to socioeconomic goods because the duty-bearers are not sufficiently determined. Even though this objection has been defended in the literature from many counter-arguments, attacks against the claimability objection based on non-conventional conceptions of human rights remain unexplored. In this paper, I aim to fill this significant gap in the philosophical literature. I defend the claimability objection from arguments that aim (...) to undermine such an objection on the basis of non-conventional conceptions of human rights. By doing so, I reinforce the defence of the claimability objection. (shrink)

Declaring a cosmopolitan right to scientific progress risks perpetuating many of the inequities it aims to overcome. This calls for a re-imagination of science that directly responds to science’s links to violent nationalist projects and the harms of capitalism.

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. Our (...) aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

This Dictionary of Freedom of Religion or Belief is published by the Astronist Institution through its imprint press Astral Publishing and will stand as the third entry in the Institutional Reference Works series. This Dictionary of Freedom of Religion or Belief provides a vast selection of terms covering all areas of religious liberty advocacy, the history of freedom of religion, human rights violations effecting religious freedom, current affairs and the mechanisms that the United Nations and other key organisations have put (...) in place to ensure religious and belief freedoms are protected for every human being around the world. Compiled by Cometan, this dictionary follows on from the Concise Dictionary of Astronism (First Edition; 2020) and The Institutional Dictionary of Astronism (First Edition; 2021). (shrink)

This note on human rights practice observes that some pedagogical methods in human rights education can have the effect of making human rights violations both seem to be performed by abnormal, bad actors and seem to occur in places far away from US classrooms. This effect is not intended by instructors; a methodological corrective would be helpful to human rights education. This note provides a corrective by suggesting two practices: (1) a pedagogical emphasis on what the Martinican philosopher Édouard Glissant (...) calls ‘entanglements’, or the way in which normal, local actions are tied to global consequences in our contemporary world; and (2) a pedagogical exercise of performing a phenomenology of, or first-person reflection on, daily life as it relates to the Universal Declaration of Human Rights. The emphasis and exercise work together to implicate the actor in larger patterns of human rights violations and protections. Overall, the emphasis and exercise prevent an insidious insinuation of some human rights education: that human rights violations are to be theorized in the global North but suffered in the global South. (shrink)

Any appeal to a right raises the question of a corresponding duty. If one bears a right, then who bears the duty to respect, protect, and enforce that right? In this essay, I contend that human rights claims need not be oriented to or reliant on the state. I start from and conclude with lessons from the 2016 protests at Standing Rock. Standing Rock, I argue, exemplifies critical theory that organizes communities through the language of human rights.

Through engagement with key informants and review of ethical theories applicable to refugee policy, this paper examines the ethical and policy considerations that policy-level stakeholders believe should factor into setting the refugee resettlement ceiling. We find that the ceiling traditionally has been influenced by policy goals, underlying values, and practical considerations. These factors map onto several ethical approaches to resettlement. There is significant alignment between U.S. policy interests and ethical obligations toward refugees. We argue that the refugee ceiling should be (...) restored to historical norms, and that there exists a corresponding obligation to counter negative public perceptions about refugees and the costs of resettlement. (shrink)

The endless waves of migrants that have swept across Europe and North America have led several countries to tighten border controls and tighten immigration criteria. How, moreover, can we ignore the human distress of millions of migrants fleeing war, persecution or food insecurity? How can we reconcile the compelling obligation to help strangers in need with the legitimate and essential need to build a " place to call home "? Therein lies the paradox of hospitality. This book examines how the (...) religious canon, particularly the Golden Rule - "Do unto others as you would have them do unto you" - deals with the tension created by the two polarities of the hospitality paradox. The Quebec model of interculturalism is presented as satisfying the dual requirements of hospitality: equal respect for the host's " homeland " and the guest's alterity. (shrink)

A common understanding of the political function of human rights is as a trigger for international intervention, with states typically understood to be duty bound by these rights claims. The unique character of the human right to health raises some complications for these conventional views. In this paper, I will argue that because of the unique character of the human right to health, intervention on its behalf can be justified not only in response to outright violation, but also due to (...) unmet needs of populations. As a secondary goal of this paper, I will attempt to respond to some of the worries about cultural imperialism in human rights and cross-cultural humanitarian interventions, specifically in the context of global health justice. (shrink)

The much-discussed “claimability objection” holds that it is unjustified to believe that all individuals have a human right to subsistence because the bearers of the correlative duties are not sufficiently determined. This argument is based on the so-called “claimability-condition”: S has a right to P if and only if the duty-bearer is sufficiently determined. Practice-based theorists defend the human right to subsistence by arguing that if we take the existing human rights practice seriously, there is no indeterminacy about the allocation (...) of duties. In this paper, I challenge this (apparently compelling) defense of the human right to subsistence with a dilemma. If the claimability condition is true, the practice-based defense fails to undermine the claimability objection because the duty-bearer is determined in some, but not all, cases. If practice-based theorists reject the claimability condition, they generate an account of human rights that is problematic from the practical perspective because it may contain duties that are unable to guide action. (shrink)

Many theorists understand human rights as only aiming to secure a minimally decent existence, rather than a positively good or flourishing life. Some of the theoretical considerations that support this minimalist view have been mapped out in the philosophical literature. The aim of this paper is to explain how a relatively neglected theoretical desideratum – namely, determinacy – can be invoked in arguing for human rights minimalism. Most of us want a theory of human rights whose demands can be realized, (...) and which is acceptable to a range of worldviews. But we might also expect our theory to provide determinate answers to questions of scope (i.e. which putative rights are bona fide human rights?) and practical implementation (i.e. what concrete duties are generated by which rights?). A minimalist view of human rights makes it is easier to jointly fulfil all of these desiderata. (shrink)

It is one thing to consider what human rights have been and another to inquire into what they could be. In this essay, I present a history of human rights vis-à-vis decolonization. I follow the scholarship of Samuel Moyn to suggest that human rights presented a “moral alternative” to political utopias. The question remains how to politicize the moral energy around human rights today. I argue that defending what Édouard Glissant calls a “right to opacity” could politicize the ethical energy (...) around human rights today. Glissant’s right to opacity outlines a blueprint for the praxis of human rights to shift from a “functional model” to a “critical model,” to use Enrique Dussel’s distinction. My ultimate aim is to show how social movements around human rights and decolonization could converge today. (shrink)

Nicole Hassoun here makes a philosophical argument for health, and access to essential medicines, as essential human rights, and she proposes the Global Health Impact system as a way to ensure those rights. She reports how life-saving medicines are inaccessible and costly for the global poor, and that rather than focusing on treatments for critical, deadly global health problems, pharmaceutical companies instead invest in more profitable drugs. To address this problem, Hassoun's proposal will rate pharmaceutical companies based on their medicines' (...) impact on the improvement of global health, and will reward highly-rated medicines with a Global Health Impact label. (shrink)

Doctors, nurses and midwifes from developing countries migrate to affluent countries in large numbers, often leaving behind severely understaffed healthcare systems. One way to limit this ‘brain drain’ is to restrict the freedom of movement of healthcare workers. Yet this seems to give rise to a conflict of human rights: on the one hand rights to freedom of movement, on the other hand rights to health. By motivating its own account of human rights, this paper argues that the conflict is (...) not as acute as it seems, since rights to freedom of movement are in fact more limited than often acknowledged. Weak restrictions of the freedom to leave and strong restrictions of the freedom to enter are in principle compatible with the rights of healthcare workers. Hence, policies that involve restrictions of both kinds can be justified in order to secure the human right to health. (shrink)

This book argues that ultimately human rights can be actualized, in two senses. By answering important challenges to them, the real-world relevance of human rights can be brought out; and people worldwide can be motivated as needed for realizing human rights. Taking a perspective from moral and political philosophy, the book focuses on two challenges to human rights that have until now received little attention, but that need to be addressed if human rights are to remain plausible as a global (...) ideal. Firstly, the challenge of global inequality: how, if at all, can one be sincerely committed to human rights in a structurally greatly unequal world that produces widespread inequalities of human rights protection? Secondly, the challenge of future people: how to adequately include future people in human rights, and how to set adequate priorities between the present and the future, especially in times of climate change? The book also asks whether people worldwide can be motivated to do what it takes to realize human rights. Furthermore, it considers the common and prominent challenges of relativism and of the political abuse of human rights. This book will be of key interest to scholars and students of human rights, political philosophy, and more broadly political theory, philosophy and the wider social sciences. **Open access**, Table of contents: 1. Introduction: Two New Challenges to Human Rights and the Question of Motivation Part I: Preparing the Ground 2. Human Rights: A Conception 3. Common Challenges to Human Rights: The Relativist and the Political Pawns Challenge Part II: Novel Challenges to Human Rights 4. The Challenge of Global Inequality 5. The Challenge of Future People Part III: Getting to Realization 6. The Question of Motivation: Can People Be Motivated as Needed for Realizing Human Rights? 7. Conclusion. (shrink)

This book carefully engages philosophical arguments for and against open borders, bringing together major approaches to open borders across disciplines and establishing the feasibility of open borders against the charge of utopianism.

Recent global efforts of the United States and England to withdraw from international institutions, along with recent challenges to human rights courts from Poland and Hungary, have been described as part of a growing global populist backlash against the liberal international order. Several scholars have even identified the recent threat of mass withdrawal of African states from the International Criminal Court (ICC) as part of this global populist backlash. Are the African challenges to the ICC part of a global populist (...) movement developing in Africa? More fundamentally, how are the African challenges to the ICC examples of populism, if at all? In this paper, I show that, while there is considerable overlap between the strategies used by particular African leaders to challenge the ICC and those typically considered populist, as well as a discernible thin populist ideology to sustain them, there is insufficient evidence of a larger anti-ICC populist movement in Africa. Although Africa is not as united against the ICC as the populist narrative suggests, the recent challenges to the Court from Africa pose a significant challenge to the Court, as the institution is still in the early stages of building its legitimacy. (shrink)

America and the world are in the process of collapse from excessive population growth, most of it for the last century and now all of it due to 3rd world people. Consumption of resources and the addition of one or two billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. Billions will die and nuclear war is all but certain. In America this is being hugely accelerated by massive immigration (...) and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests. This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. Hence my essay “Suicide by Democracy”. It is also now clear that the seven sociopaths who rule China are winning world war 3, and so my concluding essay on them. The only greater threat is Artificial Intelligence which I comment on briefly. The key to everything about us is biology, and it is obliviousness to it that leads millions of smart educated people like Obama, Chomsky, Clinton, the Democratic Party and the Pope to espouse suicidal utopian ideals that inexorably lead straight to Hell on Earth. As W noted, it is what is always before our eyes that is the hardest to see. We live in the world of conscious deliberative linguistic System 2, but it is unconscious, automatic reflexive System 1 that rules. This is the source of the universal blindness described by Searle’s The Phenomenological Illusion (TPI), Pinker’s Blank Slate and Tooby and Cosmides’ Standard Social Science Model. The first group of articles attempt to give some insight into how we behave that is reasonably free of theoretical delusions. In the next three groups I comment on three of the principal delusions preventing a sustainable world— technology, religion and politics (cooperative groups). People believe that society can be saved by them, so I provide some suggestions in the rest of the book as to why this is unlikely via short articles and reviews of recent books by well-known writers. Another section describes the religious delusion – that there is some super power that will save us. The next section describes the digital delusions, which confuse the language games of System 2 with the automatisms of System one, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). Other digital delusions are that we will be saved from the pure evil (selfishness) of System 1 by computers/AI/robotics/nanotech/genetic engineering created by System 2. The No Free Lunch principal tells us there will be serious and possibly fatal consequences. The last section describes The One Big Happy Family Delusion, i.e., that we are selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. (shrink)

This paper constitutes an exploration and evaluation of the so-called ‘linkage argument' in support of the inclusion of a right to subsistence among human rights. While it is uncontroversial that avoiding poverty is hugely important for all humans, the human right to subsistence and other socio-economic human rights are often regarded as social goals rather than genuine rights. The linkage argument aims to show that a commitment to the existence of any human rights at all entails a commitment to the (...) inclusion of a right to subsistence among them. I argue that the linkage argument does not succeed in vindicating the inclusion of a right to subsistence among moral human rights, but I conclude that a modified version of it might support the justification of a legal human right to subsistence. (shrink)

Cultural differences pose a serious challenge to the ethics and governance of artificial intelligence from a global perspective. Cultural differences may enable malignant actors to disregard the demand of important ethical values or even to justify the violation of them through deference to the local culture, either by affirming the local culture lacks specific ethical values, e.g., privacy, or by asserting the local culture upholds conflicting values, e.g., state intervention is good. One response to this challenge is the human rights (...) approach to AI governance, which is intended to be a universal and globally enforceable framework. The proponents of the approach, however, have so far neglected the challenge from cultural differences or left out the implications of cultural diversity in their works. This is surprising because human rights theorists have long recognized the significance of cultural pluralism for human rights. Accordingly, the approach may not be straightforwardly applicable in “non-Western” contexts because of cultural differences, and it may also be critiqued as philosophically incomplete insofar as the approach does not account for the role of culture. This commentary examines the human rights approach to AI governance with an emphasis on cultural values and the role of culture. Particularly, I show that the consideration of cultural values is essential to the human rights approach for both philosophical and instrumental reasons. (shrink)

The 1948 Declaration of Human Rights demanded a collaboration among exponents from around the world. Embodying many different cultural perspectives, it was driven by a like-minded belief in the importance of finding common principles that would be essential for the very survival of civilization. Although an arduous and extensive process, the result was a much sought-after and collective endeavor that would be referenced for decades to come. Motivated by the seventieth anniversary of the 1948 Universal Declaration of Human Rights and (...) enriched by the contributions of eminent scholars, this volume aims to be a reflection on human rights and their universality. The underlying question is whether or not, after seventy years, this document can be considered universal, or better yet, how to define the concept of “universality.” We live in an age in which this notion seems to be guided not so much by the values that the subject intrinsically perceives as good, but rather by the demands of the subject. Universality is thus no longer deduced by something that is objectively given, within the shared praxis. Conversely, what seems to have to be universal is what we want to be valid for everyone. This volume will be of interest to those currently engaged in research or studying in a variety of fields including Philosophy, Politics and Law. (shrink)

This chapter considers how some international ethical matters might be approached differently in the English-speaking literature if values salient in sub-Saharan Africa were taken seriously. Specifically, after pointing out how indigenous values in this part of the world tend to prescribe relating communally, this chapter articulates a moral-philosophical interpretation of communal relationship and brings out what such an ethic entails for certain aspects of globalization, political power, foreign relations, and criminal justice. The chapter suggests that the implications of a communal (...) ethic are prima facie plausible and often prescribe changes to the status quo. Lacking the space to systematically defend communion as a fundamental value, the chapter nonetheless urges normative theorists of international politics not to neglect it, and it makes realistic recommendations for the African Union, trade organizations, diplomats, and other agents in a position to influence global policy. (Reprints some parts of 'Harmonizing Global Ethics in the Future' [Journal of Global Ethics, 2014], but with a strict focus on Africa's, excluding China's, ethical contributions to global matters.). (shrink)

Advocates, activists, and academics have criticized pharmaceutical intellectual property ("pharma IP") rights as obstacles to access to medicines for the global poor. These criticisms of pharma IP holders are frequently exceptionalist: they focus on pharma IP holders while ignoring whether others also bear obligations to assist patients in need. These others include holders of other lucrative IP rights, such as music copyrights or technology patents; firms, such as energy companies and banks, that do not rely on IP; and wealthy private (...) individuals. Their resources could be used to aid patients by providing direct medical assistance, funding prizes or biomedical research, or purchasing pharmaceutical patents and granting rights to the disadvantaged. -/- After identifying this exceptionalism, this Article evaluates several arguments in its defense. These are that pharma IP holders are unique in (1) owning what poor patients need, (2) being in special proximity to these patients, (3) being able to assist at low cost to themselves, (4) having a professional duty to help these patients, or (5) being implicated by their past conduct in these patients' plight. It concludes that none of these arguments are compelling: while IP holders have a duty to help, this duty is not fundamentally different from the duties others owe. -/- Even though this project criticizes exceptionalism, it does not absolve pharma IP holders of duties to help the sick. Rather, it argues that spreading the costs of aiding patients in need across a greater number of market actors, via publicly funded "pull" programs like prizes and patent buyouts or "push" programs like grants, would be preferable. So would allowing pharmaceutical firms to seek contribution from others who are able to help. However, if others cannot be held to account, imposing burdens on pharma IP holders can be justified in order to promote global health: treating wealthy firms arbitrarily is preferable to ignoring the urgent needs of the global poor. (shrink)

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and particularly the poor. Like (...) most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. conomic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. (shrink)

In 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires (...) that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right. (shrink)

This is a review of a long, comprehensive, and mostly very good collection of philosophical essays on human rights. I briefly summarise the main ideas put forward in some of the essays that I most admired in the collection. While the collection includes essays from proponents of a wide range of theoretical and methodological perspectives, I suggest in my review that the collection's overall function is to serve as a kind of demonstrative rejoinder to those philosophers, like Raz, who argue (...) that we can and should theorise human rights without trying to furnish them with philosophical foundations. (shrink)

Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration standing (...) that is not available to adults. Despite the fact that these benefits are extremely widespread, the justification for them remains less than fully clear, and the extent of the benefits required by considerations of justice (as opposed to expediency or other policy considerations) is debated. While essentially all states recognize at least some of these rights, a significant number of them wish to reduce, rescind, or place significant conditions on them. The role of the family in immigration policy, then, stands in need of further clarification. In this paper I attempt to provide the needed clarification and justification. I discuss first questions about family unification or formation, focusing in particular on how broad a right must be provided by states wishing to have a just immigration policy, and on whether this right violates norms of liberal neutrality. I then discuss the family in relation to refugee and asylum policy, considering both when family ties should be given weight in refugee protection decision and when harm to a family member should, on its own, be able to be grounds for applying for refugee protection. I turn next to the question of when, and to what extent, family ties should be able to serve as a “shield” to removal or deportation, and finish with a discussion of the special rights of and obligations to children in immigration settings. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

In “Immigration, Jurisdiction and Exclusion”, Michael Blake develops a new line of argument to defend a state’s presumptive right to exclude would-be immigrants. His account grounds this right on the state as a legal community that must protect and fulfill human rights. Although Blake’s present argument is valid and attractive in being less arbitrary than national membership and in distinguishing different types of immigrants’ claims, I dismiss it for being unsound due to a lack of further elaboration. The reason for (...) my rejection is that there is a fundamental problem with the third premise as it stands now. Therefore, I contend that Blake’s argument cannot justify a general exclusion of well-protected would-be immigrants. However, in the final part, I will try to defend a modified version of Blake’s argument from imposed obligations by contending that a state has a presumptive right to exclude if the human rights obligations that are imposed on its residents go beyond a viable threshold. (shrink)