Rights

Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King was not (...) just a civil disobedient, violating the law in a way that shows fidelity to the law. He was a radical disobedient, challenging the authority of the legal order. As such, he was part of a long tradition of radical disobedience, extending back through militant strikes of the labor movement. The character of this disobedience was evident, both to its main protagonists, like King and Eugene V. Debs, and to its major opponents, especially the courts. In reconstructing these historical cases, I revise the civil disobedience literature and demonstrate the distinctiveness of the radical disobedience concept. (shrink)

The Psychological Society of Ireland’s (PSI) response to the call from the United Nations (UN) Committee on the Rights of the Child: Draft General Comment No. 26 Calls for comment on the draft general comment on children’s rights and the environment with a special focus on climate change III. ‘Specific rights of the Convention as they relate to the environment’, B. The right to the highest attainable standard of health (art. 24), 27. … children’s current and anticipated psychosocial, emotional and (...) mental health problems and suffering caused by environmental harm. The PSI wishes to express sincere thanks to the Society’s Special Interest Group in Human Rights and Psychology, particularly Dr Michelle Cowley-Cunningham, Dr Elaine Rogers, and Ms Alexis Carey, who coordinated the following response on behalf of the Society. 1. Environmental degradation, loss of biodiversity, and climate change impact children’s human rights and present a serious threat to future generations’ enjoyment of human rights. Distressingly, 1.7 million children lose their lives annually as a result of avoidable environmental impacts, while millions more are impacted by disease, displaced from their homes and miss out on receiving education1. The PSI Special Interest Group in Human Rights and Psychology (SIGHRP) is grateful to the Committee on the Rights of the Child for this opportunity to submit a stakeholder comment in advance of the drafting of the Draft General Comment No. 26. SIGHRP is appreciative of the work of the Committee in monitoring the implementation of the Convention on the Rights of the Child (UNCRC) and welcomes the Committee's stakeholder call for ideas to aid the development of policies, both domestically and internationally, to address critical climate change issues. Specifically, SIGHRP welcomes the opportunity to comment on the connection between child and adolescent mental health and human rights obligations, and advocates for policies and initiatives to address this issue in the context of climate change. (shrink)

Twice in the _Journal of Business Ethics_, Walter Block provides a libertarian argument that The Civil Rights Act of 1964 is unjust because it is a violation of a business’s property rights and therefore ought to be repealed. No libertarian reply to Block has ever been given, creating the mistaken impression that his argument is the true representation of libertarian theory with regards to civil rights. This paper focuses on Title II and argues that both Block, and this prevailing opinion (...) of libertarian theory, are wrong. There are different types of libertarian theory. Block’s theory of natural rights is one of them, but there is another strain of libertarian thought that embraces the common law, at least as it existed up until the late 1800’s. This paper explicates a libertarian argument, based on the common law, which supports and defends Title II of the 1964 Civil Rights Act. Specifically, the evolution of contracts via assumpsit arguments, found in Blackstone’s _Commentaries,_ endogenously and consistently gives rise to the obligation to serve all. Title II of the 1964 Civil Rights Act is consistent with this common law tradition on public accommodations. Libertarian arguments that accept the common law on contracts ought also to accept common law doctrine on public accommodations and, _perforce_, the justness of Title II. (shrink)

A comment on S. J. Summers «Epistemic Ambitions of the Criminal Trial: Truth, Proof and Rights».

Cities today are dynamic urban ecosystems with evolving physical, socio-cultural, and technological infrastructures. Many contestations arise from the effects of inequitable access and intersecting crises currently faced by cities, which may be amplified by the algorithmic and data-centric infrastructures being introduced in urban contexts. In this article, I argue for a critical lens into how inter-related urban technologies, big data and policies, constituted as Urban AI, offer both challenges and opportunities. I examine scenarios of contestations in _urban mobility_, defined broadly (...) to include equitable access, movement, and liberty to engage with the socio-cultural, political, and urban fabric of cities. I anchor my arguments through a framework of _rights, risks,_ and _responsibilities_ for critically examining and configuring the roles, values and ethical implications for all stakeholders including human, AI and non-human entities within an urban ecosystem. As a way forward, I examine the European Commission’s proposed regulations on AI systems through an illustrative case study of an automated parking control system introduced by the City of Amsterdam. In moving beyond the city to broader urban ecosystems, I highlight the role of engaging Indigenous perspectives for designing and reconciling the implications of equitable and sustainable Urban AI ecosystems in the future. (shrink)

Introduction Respecting the Patients’ Rights Charter leads to the demands of patients for their rights and the response of rehabilitation therapists by increasing their compliance. The present study aimed to compare the views of patients and rehabilitation therapists about the importance and extent of compliance with the Patients’ Rights Charter. Methods This cross-sectional study was conducted for 3 months on 114 patients and 55 therapists who were selected using the convenience sampling method. The data collection tools included a demographic information (...) form and the Justification and Practice of Patient Rights Questionnaire. The collected data were analyzed using descriptive statistics, independent t-test, paired t-test, and Pearson correlation coefficient. Results Mean scores of the importance of compliance with the Patients’ Rights Charter were 2.21 ± 0.40 and 2.31 ± 0.43 in the group of patients and therapists, respectively. Moreover, the mean scores of compliance with the Patients’ Rights Charter were 1.45 ± 0.48 and 1.53 ± 0.61 from the perspective of patients and therapists, respectively. There was no statistically significant difference between the views of patients and therapists on the importance and extent of compliance with the Patients’ Rights Charter. Discussion and Conclusion The importance of respecting the Patients’ Rights Charter from the perspective of patients and therapists was at a desirable level while the level of compliance with it from the perspective of both groups was moderate. It seems that more research is needed to explain the causes of this discrepancy and increase compliance with the Patients’ Rights Charter in rehabilitation clinics. (shrink)

The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines (...) on this issue. However, in many discussions of neurorights the philosophical assumptions, ethical frames of reference and legal interpretation are either not made explicit or conflict with each other. The aim of this multidisciplinary work is to provide conceptual, ethical, and legal foundations that allow for facilitating a common minimalist conceptual understanding of mental privacy, mental integrity, and cognitive liberty to facilitate scholarly, legal, and policy discussions. (shrink)

Jane Addams, Florence Kelley, and second-generation Hull House activist Grace Abbott were at the forefront of a reconstruction of early twentieth-century American democracy. They worked to reframe U.S. political democracy, expanding its focus beyond individual rights to caring for the social community. The movement away from laissez-faire government toward state and federal legislation protecting children, women, and workers was often halting, sometimes stymied by public opposition, and other times blocked by Supreme Court decisions. Grace Abbott’s social and political philosophy demonstrated (...) her training in law and political science and was influenced by her direct engagement with her Hull House neighbors. Abbott was a skilled social science researcher who saw public research as a way of crossing and blurring epistemological class boundaries, creating pathways for the general population to understand the burdens others faced. Through her leadership of the Immigrants’ Protective League and the Children’s Bureau, Abbott argued that the democratic state should be responsible for extending legislative protections into the social and industrial realms to protect vulnerable and dependent populations. Her work was essential to the continuing evolving supportive structures of governmental programs and social safety nets that are taken for granted by many Americans today. (shrink)

Careful reading of John Dewey’s The Public and its Problems reveals a weak point at the stage when a given public became self-aware and proceeded to seek representation in the institutions of the state. Aside from a general emphasis on art and science, Dewey’s political theory offered no concrete discussion of the means suitable for this phase of the democratic process. Furthermore, the dichotomy between violence and the peaceful means of art and science left no space for the affirmation of (...) nonviolence – the method most capable of amplifying democracy during the decade following Dewey’s death. Accordingly, the article hypothesizes a novel rendition of nonviolence from the standpoint of Dewey’s understanding of art as social inquiry, compares it with Martin Luther King Jr.’s theory and practice of nonviolent dramatization, and ends by presenting a Deweyan reading of the civil rights movement in terms of the framework contained in The Public and its Problems. (shrink)

This article examines compulsory vaccination from the perspective of Nozick's theory of rights. It argues that the unvaccinated are a threat, even if unintended, to the rights of others. The reasons Nozick provides for when such threats may be forcibly prevented, such as the identifiability of the rights violator, general fear of the risky activity, probability of harm, and the general benefits of the activity, are examined, and it is argued that those reasons weigh in favour of prohibition of the (...) threat and hence in favour of compulsory vaccination. It is also argued that anyone opposed to compulsory vaccination on Nozickian grounds faces a dilemma: if they reject compulsory vaccination, they also risk rejecting the very foundations of the legitimacy of the state. (shrink)

Em A Vindication of the Rights of Men, Mary Wollstonecraft elabora uma resposta a Reflections on the Revolution in France, de Edmund Burke, com base na oposição irredutível entre justiça e o estatuto da propriedade fundiária aristocrática. Entre os vários efeitos perniciosos da dominação dos proprietários sobre os não-proprietários, está a opressão das mulheres, legitimada pelo emprego da linguagem da sensibilidade. O artigo visa discutir a análise de Wollstonecraft sobre os fundamentos da sociedade aristocrática, lançando luz sobre seus valores morais.

The objective of this chapter is to initiate a discussion in the field of the human rights of people with psychosocial disabilities, challenging the prevailing hegemonic medical model. I propose to examine the arguments used to legitimize and spread the use of antipsychotics, with serious side effects and questionable benefits, for children who suffer from some type of psychosocial disability. I argue that the effective guarantee of “respect for the developing capacities of children with disabilities” is called into question when (...) the use of antipsychotics in childhood is trivialized. In this chapter, I particularly discuss the prescription of atypical antipsychotics for undisciplined and disobedient children. (shrink)

The rights-forfeiture theory of punishment attempts to explain and justify the practice of punishment by arguing that wrongdoers in virtue of their wrongdoing have forfeited the right not to be punished. The theory however faces many challenges, including how to explain just what right or rights have been forfeited. Most problematic for the theory is that, in claiming that wrongdoers forfeit their rights, it seems merely to restate the claim that punishment is morally permissible rather than providing an explanation of (...) why it is permissible. (shrink)

A translation of a text of any kind is a derivative intellectual work. It involves a transformation of the original text, and therefore it is a right of the holder of that text to authorize (or not) its translation. This is covered in Article 8 of the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, and the same Convention tells us in Article 2.3 that “Translations, (…) and other alterations of a literary or artistic (...) work shall be protected as original works without prejudice to the copyright in the original work (…)”. The rights ownership of the translator implies that the translation cannot be used without authorization from the translation copyright owner. These premises are jeopardized with the use of AI systems and the introduction of machine translation. The key issues raised by the new technologies are the ownership of rights over machine translations, and the possibility of using the results associated with translation as data for the improvement of Machine Translation algorithms. (shrink)

Machine translation (MT) is special in that it heavily relies on data. In rule-based MT, an engine performs the translation task by using language resources such as dictionaries and grammar rules, usually written by experts, but sometimes learned from monolingual or bilingual text. Corpus-based (statistical and, more recently, neural) MT leverages large amounts of monolingual and sentence-aligned bilingual text. Clearly, MT programs using these data are works of creation that may be copyright-protected, but this chapter focuses on data. Human labour, (...) and therefore, creative authorship of works, is present in all forms of MT data: monolingual text has been authored, parallel text has been translated and aligned, and rules and dictionaries have been written by experts. Since its conception centuries ago, copyright protects the livelihoods of authors by regulating how copies of these data can be used and how works derived from them are used and published, using instruments such as licences. While the case of dictionaries and grammars as used in rule-based MT is reasonably clear, as they are purposely written for one or another language-processing application, monolingual and parallel text, as used in MT, were not created with MT in mind, and this has led some authors to ask whether authors and translators should get additional compensation for this unintended use of their work to generate new value downstream. This chapter gives an overview of the different sources of data used in MT, discussing authorship along the steps of creating, curating and transforming those data for use with MT, determining the kinds of implicit and explicit licensing schemes that apply to them and how they work. It also describes the controversy surrounding the use of published works to generate new, initially unintended, value through translation technologies and the various ways in which copyright issues are addressed. (shrink)

First published in the International Encyclopaedia of Social and Behavioural Sciences (Pergamon Press, 2001); reprinted in the 2nd edition (2015). An overview of different justifications of multiculturalism in contemporary political theory, as well as various challenges to and critiques of those arguments.

In China, the local communities and various ethnic minorities still hold, sustain and develop traditional medicial knowledge (TMK), innovations, and practices within the original communities. TMK also has pharmaceutical option value, which has attracted interests in commercial use of TMK for pharmaceutical innovation in China. However, the increased use of TMK for non-traditional purposes might lead to a change in the customary treatment of TMK as common goods of relevant communities and peoples, and may lead to significant tension faced by (...) both providers and users of TMK in China. We find there is a significant gap in literature analysing the phenonmenon of domestic biopolitics concerning TMK in China. Closely connected problem is the contradictory relationship between providers and users of TMK, especially between the indigenous and local communities, and corporate and industrial actors. Therefore, urgent research is needed to fill this literature gap. (shrink)

In China, the local communities and various ethnic minorities still hold, sustain and develop traditional medicial knowledge (TMK), innovations, and practices within the original communities. TMK also has pharmaceutical option value, which has attracted interests in commercial use of TMK for pharmaceutical innovation in China. However, the increased use of TMK for non-traditional purposes might lead to a change in the customary treatment of TMK as common goods of relevant communities and peoples, and may lead to significant tension faced by (...) both providers and users of TMK in China. We find there is a significant gap in literature analysing the phenonmenon of domestic biopolitics concerning TMK in China. Closely connected problem is the contradictory relationship between providers and users of TMK, especially between the indigenous and local communities, and corporate and industrial actors. Therefore, urgent research is needed to fill this literature gap. (shrink)

My dissertation develops a defense of a right to self-defense against the state. I set aside anarchist theories and grant for the sake of argument that the state has legitimate political authority. My goal is to convince non-anarchists that the right to self-defense extends to individuals against the state and the state’s agents. I argue that the right to self-defense is a fundamental, negative, claim right. The right to self-defense has these characteristics: (1) it is fundamental, meaning that it is (...) not derivative of any other right—it doesn’t appeal to any other right for its justification (2) it is negative, meaning that it simply requires others to refrain from certain action, and (3) it is a claim right, rather than a permission right, which means that it logically entails correlative duties on others. I also challenge some basic tenets of the orthodox account of justified defensive force, including the imminence, necessity, and proportionality conditions. My argument is a controversial one; many will resist the idea that an individual could be justified in self-defense against the state for a variety of reasons, ranging from thinking the idea is absurd or dangerous, to thinking that even if it is morally permissible, it is impractical. I aim to rebut these objections and to provide strong moral reasons to show why individuals do in fact have this right. -/- This research explores the relationship between one of our most basic rights—the right to self-defense—with our most basic political relationship—the relationship between the individual and the state. Part of my aim is to convince non-anarchist readers of philosophical claims that are usually only supported by anarchists. The reason this is important, beyond being academically interesting, is that if I am successful, it could allow a great majority of individuals to rethink their relationship with the state; not just at a basic level, but also in other applied areas such as gun rights, drug laws, and issues surrounding punishment and imprisonment. (shrink)

This article explores the development of ideas in constitutional design. The point of departure is a perspective of constitutions-as-products, and thus, an examination of the invention, innovation, and an uptake of these products. The article conceptualizes constitutional innovation and distinguishes its manifestations with respect to constitutional products, the process of constitution-making, and in supporting institutions. The last two elements, in line with Schumpeter’s approach to innovation, would seem especially important to constitutional development. The article provides several examples from the area (...) of human rights and argues that innovations tend to be found in situations in which there is strong aversion to a prior order. It also shows that innovations tend to come from the periphery rather than the global core of the field. One of the sources of “mixed” constitutions is precisely such innovations, which then form raw material for further mixing. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

The abstract individual is a model that represents real human beings in moral and political philosophy. It occupies a central role in individualist theories such as political liberalism and mainstream Western medical ethics. This article presents two methodological standards for assessing competing models. Taken together, the standards form an objective yardstick against which different constructions of the abstract individual can be evaluated. Thereby, the article introduces a new level of abstraction, and a new set of normative principles, to individualist moral (...) and political philosophy which facilitates reliable moral judgments between different models of human beings. (shrink)

The first and greatest commandment according to Jesus, and so the one most central to Christian practice, is the command to love God. We argue that this commandment is best interpreted in aretaic rather than deontic terms. In brief, we argue that there is no obligation to love God. While bad, failure to seek and enjoy a union of love with God is not in violation of any general moral requirement. The core argument is straightforward: relations of intimacy should not (...) be morally imposed upon autonomous beings. We contend that such reasoning applies to human beings’ relationship to God. So, even if our ultimate end is to enjoy communion with God, God has no right that human beings seek a relationship with him. If this is correct, then the command to ‘love God’ is not the sort of moral principle that can be supported by threats of hellfire or other forms of coercion. (shrink)

Just last week (October 4, 2022), the U.S. White House released a blueprint for an A.I. Bill of Rights, consisting of “five principles and associated practices to help guide the design, use, and de...

Invoking a broad catalog of applicable Bahá’í principles, this paper presents the conceptual and theoretical underpinnings of a Bahá’í approach to economic growth and disparity and then maps these concepts onto an applied framework of economic rights and responsibilities. The framework that emerges thus both conceptualizes the underlying virtues that govern economic prosperity in a Bahá’í model and shows how these principles might lead to normative prescriptions for economic rights and responsibilities. The paper concludes that the Bahá’í principles dealing with (...) economic prosperity expand the theory and practice of economic justice and give rise to individual and institutional rights and responsibilities that go beyond the imperatives of conventional models of welfare. (shrink)