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  1. Fifty Years of Human Rights Enforcement in Legal and Political Systems in Bangladesh: Past Controversies and Future Challenges.Jobair Alam & Ali Mashraf - forthcoming - Human Rights Review:1-22.
    This paper provides a synopsis of the human rights enforcement in Bangladesh, which marks its 50 years in 2021 since its independence. After a theoretical background on how human rights are perceived as legal and political instruments, it critically discusses human rights provisions and explores the legal and institutional frameworks on human rights enforcement in Bangladesh—(re)construed in 50 years (1971–2021). Finally, it divulges the controversies in human rights enforcement and a roadmap to address them by making some suggestions: multiple legislative, (...)
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  2. Vietnam’s Mixed Constitution and Human Rights.Ngoc Son Bui - 2022 - The Law and Ethics of Human Rights 16 (2):295-319.
    This article develops a discursive explanation of mixed constitution: mixed constitutional ideas and discourse generate mixed constitutional design and practice. On that base, it explores the nature, factors, and functions of the mixed constitution in Vietnam. The emergence of competing constitutional ideas (Confucian, socialist, liberal, universal) animates a constitutional discourse in which different actors adhere to different ideas. Consequently, the 2013 Constitution of Vietnam embodies a mixture of the ideas in its provisions on political institutions, economy, and especially human rights. (...)
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  3. Migration, Open Borders, Human Rights, and Democracy.Gillian Brock - 2023 - Journal of Applied Philosophy 40 (1):1-14.
    Two important recent books on migration and justice argue for different approaches to how we should view borders. Alex Sager defends open borders, while Sarah Song argues for the rights of democratic communities to find their own balance between open and closed borders. While both authors present significant considerations in defence of their views, in this article I argue that a human-rights-oriented account of migration justice captures their strengths well while not sharing the weaknesses I identify with each. In addition, (...)
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  4. Dignidad humana y concordia de libertades en Domingo Báñez.David Torrijos-Castrillejo - 2022 - In José Luis Fuertes Herreros, Ángel Poncela González, Manuel Lázaro Pulido & Mª Idoya Zorroza (eds.), Diálogos de la dignidad del hombre: libertad y concordia. Madrid: Sindéresis. pp. 261-278.
    In the years that saw the transition from the sixteenth to the seventeenth century, a controversy arose in Spain over the problem of the harmony between created freedom and divine omnipotence. This dispute arose in Salamanca, but it would have important consequences for the conception of man in Europe from then on. In my proposal, I pay attention to Domingo Báñez, an important member of the School of Salamanca, which point of view has been somewhat blurred due to the heat (...)
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  5. “You Can Kill Us with Dialogue:” Critical Perspectives on Wind Energy Development in a Nordic-Saami Green Colonial Context.Eva Maria Fjellheim - forthcoming - Human Rights Review:1-27.
    This article explores Southern Saami reindeer herders’ experiences and contestations over state consultation and corporate dialogue during a conflict over the Øyfjellet wind energy project in Norway. Informed by a committed research approach and juxtaposition with findings from Indigenous peoples' territorial struggles in Latin-America, the article provides critical perspectives on governance practices in a Nordic-Saami green colonial context. The research draws on ethnography from a consultation meeting between Jillen Njaarke, the impacted reindeer herding community, and state authorities, as well as (...)
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  6. A Human Rights-based Approach to Participation.Nicholas McMurry & Siobhan O'Sullivan - 2022 - Studies in Social Justice 16 (3):554-570.
    This article proposes a systematic approach to designing and assessing participatory processes, built from principles in the field of human rights. It argues that participatory processes should be organised around human rights principles which provide detailed but flexible guidance on participatory processes. Drawing from well-established human rights principles and the commentary of human rights bodies on participation, the article outlines a framework that can be used to advocate for, establish, implement, and evaluate participatory processes. It addresses four normative questions relating (...)
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  7. Human Rights Issues in Tourism (Book Review).Kevin Walby - 2022 - Studies in Social Justice 16 (3):652-656.
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  8. Uncovering Economic Complicity: Explaining State-Led Human Rights Abuses in the Corporate Context.Tricia D. Olsen & Laura Bernal-Bermúdez - forthcoming - Journal of Business Ethics:1-20.
    Today’s scholarship and policymaking on business and human rights (BHR) urges businesses to better understand their human rights responsibilities and remedy them, when and if abuses do occur. Despite the public discourse about businesses and human rights, the state—as the main duty bearer in international human rights law—plays a fundamental role as the protector and enforcer of human rights obligations. Yet, the existing literature overlooks state involvement as perpetrators of abuse in the corporate context. We develop the term economic complicity (...)
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  9. The Normative Evaluation of Neurointerventions in Criminal Justice: From Invasiveness to Human Rights.Sjors Ligthart, Vera Tesink, Thomas Douglas, Lisa Forsberg & Gerben Meynen - 2023 - American Journal of Bioethics Neuroscience 14 (1):23-25.
    Medical interventions are usually categorized as “invasive” when they involve piercing the skin or inserting an object into the body. However, the findings of Bluhm and collaborators (2023) (hencef...
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  10. Death Penalty Abolition, the Right to Life, and Necessity.Ben Jones - forthcoming - Human Rights Review:1-19.
    One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this right-to-life argument emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...)
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  11. From Age to Agency: Frame Adoption and Diffusion Concerning the International Human Rights Norm Against Child, Early, and Forced Marriage.Morgan Barney, Amanda Murdie, Baekkwan Park, Jacqueline Hart & Margo Mullinax - 2022 - Human Rights Review 23 (4):503-528.
    The way many human rights advocates frame the international norm against child, early, and forced marriage (CEFM) has shifted in the past decade. While CEFM has historically been framed as driven by poverty and underdevelopment, advocates have more recently discussed the problem with a feminist sexuality frame. What leads advocates to change their framing about an international norm? We build an argument that stresses how (a) the nature of the frame, (b) the characteristics of the advocates, and (c) the characteristics (...)
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  12. Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice.Tracy Smith-Carrier & Kathleen Manion - 2022 - Human Rights Review 23 (4):551-574.
    Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the fulfilment of economic, social, and cultural rights (ESCR) in Canada. Fewer still are studies exploring the interlinkages between these areas of inquiry. The purpose of this paper is to explore, using Canada as a case study, rights-based developments in climate litigation cases and how these could impact the innovative advancement of ESCR (e.g. to (...)
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  13. The Conditional Effectiveness of Soft Law: Compliance with the Decisions of the Committee against Torture.Andreas von Staden - 2022 - Human Rights Review 23 (4):451-478.
    The article examines the record of compliance with the UN Committee against Torture’s decisions in individual complaints cases. Theoretically, I expect that compliance will be the outcome of a combination of normative and rationalist factors: States committed to human rights protection will comply even in the absence of enforcement but only as long as compliance costs remain relatively low. Using a data set covering all adverse decisions issued until 2018 and information on their compliance status, I employ fuzzy-set qualitative comparative (...)
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  14. Beyond Acts and Omissions — Distinguishing Positive and Negative Duties at the European Court of Human Rights.Johan Vorland Wibye - 2022 - Human Rights Review 23 (4):479-502.
    The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and negative if they only allow one fulfilment option. These (...)
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  15. The Right to Science: Then and Now edited by Helle Porsdam and Sebastian Porsdam Mann.Dena Kirpalani - 2022 - Human Rights Review 23 (4):579-581.
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  16. Crimes in Archival Form: Human Rights, Fact Production, and Myanmar by Ken MacLean.Benedict Salazar Olgado - 2022 - Human Rights Review 23 (4):575-577.
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  17. Innovation Despite Backsliding—the Importance of the Events of 7th August 2020 for Polish LGBTQIA Youth.Michał Sobczak - 2022 - Human Rights Review 23 (4):529-549.
    In this paper, I analysed the events of 7th August 2020 in Warsaw, when 48 people were detained by the Polish police who brutally raided solidarity demonstration with non-binary activist Margot Szutowicz. The aim of the paper is to explore queer activism in Poland on microsociological level using Gabriel Tarde imitation theory. I tried to show how individual experience of resistance gave rise to new, innovative forms of activism which became a social phenomenon. In my research, I used in-depth interviews (...)
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  18. Reviving the Distinction between Positive and Negative Human Rights.Johan Vorland Wibye - 2022 - Ratio Juris 35 (4):363-382.
    Increasingly firm rejections of the distinction between positive and negative human rights as incoherent have created a gap between theory and practice, as well as tensions within legal doctrinal and philosophical literature. This article argues that the distinction can be preserved by means of a structural account of the interaction of duties within human rights, anchored in case law on the right to freedom of assembly in Article 11, the right to free elections in Article 3 of Protocol 1, and (...)
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  19. Correction to: The Right to be Forgotten: an Islamic Perspective.Amr Osman - forthcoming - Human Rights Review:1-1.
  20. Human Rights in the Leon Petrażycki’s Psychological Theory of Law: Reconstruction and Critical Interpretation.Natalia V. Varlamova - 2022 - Антиномии 22 (2):73-95.
    The purpose of this article is to reconstruct Petrażycki’s ideas on human rights by using the scattered and sometimes contradictory remarks on the issue to be found in his works. Leon Petrażycki did not pay special attention to human rights in his works, although this problematic has been a major focus of legal theory and legal philosophy, including the Russian one, throughout the modern history. Petrażycki viewed law as imperativeattributive emotions experienced by individuals. At the same time, the imperative component (...)
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  21. Playing Hardball with Human Rights.Henry Shue - 1983 - Philosophy & Public Policy Quarterly 3 (4):9.
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  22. Human Rights and the "National Interest": Which Takes Priority?Claudia Mills - 1981 - Philosophy & Public Policy Quarterly 1 (2):6.
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  23. Social connection, interdependence and being sure of ourselves.Helen Brown Coverdale - 2022 - Analysis 82 (3):571-584.
    Being sure of each other is the blossoming of Kimberley Brownlee’s earlier work on the intrinsic value and qualities of human connection (2013, 2016c, 2016b), opening with a scene from A. A. Milne’s House at Pooh Corner: lost in the woods together, Piglet takes Pooh’s paw ‘just to be sure’ of his friend. The importance of social connection is often overlooked because it is central to our lives, like breathable air. Brownlee’s work highlights the need for social connection, as deserving (...)
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  24. Human rights, legal democracy, and populism.Paul Blokker - 2022 - In Natalie Doyle & Sean McMorrow (eds.), Marcel Gauchet and the Crisis of Democratic Politics. Routledge.
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  25. Professional Responsibility, Social Justice, Human Rights, and Injustice.Pamela J. Grace & John C. Welch - 2023 - In Pamela June Grace & Melissa K. Uveges (eds.), Nursing Ethics and Professional Responsibility in Advanced Practice. Jones & Bartlett Learning.
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  26. The European Court of Human Rights and the emergence of human germline genome editing-'The right to life' and 'the right to (artificial) procreation'.Merel M. Spaander - 2023 - In Santa Slokenberga, Timo Minssen & Ana Nordberg (eds.), Governing, Protecting, and Regulating the Future of Genome Editing: The Significance of Elspi Perspectives. Brill/Nijhoff.
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  27. Transformation of medical care through gene therapy and human rights to life and health -balancing risks and benefits.Anne Kjersti Befring - 2023 - In Santa Slokenberga, Timo Minssen & Ana Nordberg (eds.), Governing, Protecting, and Regulating the Future of Genome Editing: The Significance of Elspi Perspectives. Brill/Nijhoff.
  28. True Right Against Formal Right: The Body of Right and the Limits of Property.Thomas Khurana - 2022 - In Hegel's Philosophy of Right: Critical Perspectives on Freedom and History. New York City, New York, USA:
    The conception of property at the basis of Hegel’s conception of abstract right seems committed to a problematic form of “possessive individualism.” It seems to conceive of right as the expression of human mastery over nature and as based upon an irreducible opposition of person and nature, rightful will, and rightless thing. However, this chapter argues that Hegel starts with a form of possessive individualism only to show that it undermines itself. This is evident in the way Hegel unfolds the (...)
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  29. Hegel’s Theory of the Emergence of Subjectivity and the Conditions for the Development of Human Rights.Jon Stewart - 2019 - Filozofia 74 (6).
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  30. The Revolutionary Past: Decolonizing Law and Human Rights.Peter Fitzpatrick - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):117-133.
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  31. Human Rights in a Plural Ethical Framework: A Questioning on the Threshold of Legal Orders.Ferdinando G. Menga & Pierfrancesco Biasetti - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):7-16.
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  32. Samuel Moyn: The Last Utopia. Human Rights in History.Sibylle van der Walt - 2015 - Archiv für Rechts- und Sozialphilosophie 101 (1):141-146.
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  33. International Human Rights.Arthur Roberto Capella Giannattasio - 2014 - Archiv für Rechts- und Sozialphilosophie 100 (4):514-526.
    This paper develops a critic on International Human Rights departing from the criticism directed to utopian discourses of political organization of society, as both of them share an evolutionist and ethnocentric foundation, namely, the universal and unconditionally valid reason. The idea is to undertake a serious criticism on reason, always potentially dystopian, in order to unravel the colonialist ethos and the civilizing character of current Public International Law leading discourse of Human Rights.
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  34. Makau Mutua. Human Rights. A Political and Cultural Critique.Christopher Pollmann - 2005 - Archiv für Rechts- und Sozialphilosophie 91 (4):596-600.
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  35. What Could Alexis de Tocqueville Have Told us about Second- and Third-Generation Human Rights?Łukasz Mirocha - 2021 - Archiv für Rechts- und Sozialphilosophie 107 (2):205-218.
    The article attempts to apply Alexis de Tocqueville`s views in the area of selected second- and third-generation human rights, i. e. the rights that over the course of the first half of the 19 th century were not - with some exceptions - anchored in positive law. It takes form of sort of intellectual exercise in which, based on Tocqueville`s work, his potential stance towards chosen human rights is reconstructed. The paper briefly presents modern standards referring to second- and third-generation (...)
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  36. Human Rights and Moral Duties: A Modified Deontology for COVID-19 and Beyond.David E. Smith - 2020 - Ethics in Biology, Engineering and Medicine 11 (1):21-28.
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  37. Natural Law and Human Rights by Pierre Manent.Paul Seaton - 2020 - Review of Metaphysics 74 (2):395-397.
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  38. In defense of deference: International human rights as standards of review.Andreas Follesdal - forthcoming - Journal of Social Philosophy.
    Journal of Social Philosophy, EarlyView.
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  39. Ubuntu as a Moral Theory and Human Rights in South Africa (Repr.).Thaddeus Metz - 2016 - Revista Culturas Jurídicas (Legal Cultures Journal) 3 (5):24-53.
    Reprint of an article first published in the _African Human Rights Law Journal_ (2011).
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  40. In defense of deference: International human rights as standards of review.Andreas Follesdal - forthcoming - Journal of Social Philosophy.
    Journal of Social Philosophy, EarlyView.
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  41. The Right to be Forgotten: an Islamic Perspective.Amr Osman - forthcoming - Human Rights Review:1-21.
    In a landmark 1994 case, the Court of Justice of the European Union ruled that individuals had the right to ask for Internet links that contained certain information about them to be delisted by search engines. This came to be known as the “right to be forgotten.” This paper discusses the extent to which this right is consistent with the Islamic tradition. Following an overview of some aspects of the right to be forgotten and why it is endorsed in the (...)
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  42. The Public Health Response to COVID-19 in Vietnam: Decentralization and Human Rights.Hai Thanh Doan - forthcoming - Asian Bioethics Review:1-21.
    Human rights constitute a universal concern in different countries’ responses to COVID-19. Vietnam is internationally praised for its success in containing the pandemic; nevertheless, human rights issues are a key area that needs to be assessed and improved. Little legal and ethical research is available on human rights in Vietnam, particularly in its response to COVID-19, however. In Vietnam, decentralization took place during the pandemic: higher authorities delegated power to lower ones to make and implement public health measures. Unfortunately, many (...)
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  43. Mediating the Theory and Practice of Human Rights in Morality and Law.David Ingram - 2017 - In Reidar Maliks & Johan Karlsson Schaffer (eds.), Moral and Political Conceptions of Human Rights: Implications for Theory and Practice. Cambridge University Press.
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  44. A quiet revolution : vulnerability in the European Court of Human Rights.Alexandra Timmer - 2013 - In Martha Fineman & Anna Grear (eds.), Vulnerability: reflections on a new ethical foundation for law and politics. Ashgate.
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  45. Uniquely human: the basis of human rights.Gabriel Moran - 2013 - [Bloomington, Indiana]: Xlibris Corporation.
    A review of what a "human right" is. It is a claim that every person can make as an individual who is a part of the human race and which requires an underlying respect for all human beings. The author maintains that human rights can only be realized through conversations with those across all genders, ages, cultures and religions.
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  46. Review of: Viera Pejchal, Hate Speech and Human Rights in Eastern Europe: Legislating for Divergent Values, London and New York: Routledge, 2020, 321 pages. Hardback ISBN 978-0-367-43784-8, $48.95. [REVIEW]Caroline Beshenich - 2023 - Studies in East European Thought 75 (1):209-211.
  47. Just business: multinational corporations and human rights.John Gerard Ruggie - 2013 - New York: W. W. Norton & Company.
    The challenge -- No silver bullet -- Protect, respect and remedy -- Strategic paths -- Next steps.
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  48. 14. Toward a Post-Enlightenment Doctrine of Human Rights.Roger L. Shinn - 1980 - In Maurice Wohlgelernter (ed.), History, Religion, and Spiritual Democracy Essays in Honor of Joseph L. Blau. Columbia University Press. pp. 294-316.
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  49. War's ends: human rights, international order, and the ethics of peace.James G. Murphy - 2014 - Washington, DC: Georgetown University Press.
    Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain benefits, yet (...)
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  50. Human rights and the moral obligation to alleviate suffering.Roberto Andorno & Cristiana Baffone - 2014 - In Ronald Michael Green & Nathan J. Palpant (eds.), Suffering and Bioethics. Oup Usa.
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1 — 50 / 3451