The question of resource allocation is particularly pertinent to the realisation of socioeconomic rights. Perceptions of the place of resource allocation impact the adjudication of these rights. This article departs from the premise that with the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural rights allowing individual communications and the establishment of the African Court on Human and Peoples’ Rights, there will be an increase in resource allocation questions for (...) adjudication. The article interrogates the experience of national courts and examines potential lessons that can be adopted at the international level to overcome the reluctance that supra-national tribunals may have when adjudicating on states obligations to fulfil. (shrink)

Following the situation of poverty in the rights paradigm, this paper explores the links between the rights-based and corporate social responsibility approaches to the realization of socioeconomic rights in the broader context of an emerging recognition of CSR as private regulation of business behaviour. It examines complex theoretical and practical dimensions of responsibility and potential contributions of businesses to poverty alleviation and clarifies the apparent paradox of legal compulsion of essentially voluntary CSR activities. Rather than treat (...) rights and CSR as parallel approaches to protecting socioeconomic rights, it is argued that CSR can be part of a coherent framework of laws and policies for legally translating broad human rights commitments to poverty reduction into concrete programmes. The paper demonstrates how legally propped CSR arrangements can support poverty reduction and appropriate task-specific contextualised definitions and boundaries of CSR that complement the rights-based approach. It is argued that human rights principles have normative dimensions to guide and help formulate policies, programmes and practices, which in turn allow for a creative use of and legal prop to CSR. The conceptualization of human rights is not restricted to one implementation method, and CSR can partly satisfy states’ human rights obligations and transcend the narrow conventional human rights discourse on obligations of non-state actors. (shrink)

Human rights are high priority norms that empower right holders to demand the benefits protected by their rights. This is no less true of socioeconomic human rights than civil and political human rights. I argue that realizing human socioeconomic rights requires that they be enacted into state law in such a way that individual right holders have the power to bring legal action in defense of their rights. Contrary to Thomas Pogge, it (...) is not enough for states simply to provide the benefits required by human rights. Unfortunately, limited resources mean that successful litigation by right holders threatens to disempower other right holders by distorting a fair distribution of limited resources, since those with the resources to litigate can command a disproportionate and unjust share of limited resources. Using the human right to health as an example, I argue that an important part of the solution requires specifying different aspects of the content of the right to health and adopting appropriately strong standards of judicial review. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure (...) for these rights and their correlative duties, while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

To be justifiable, the demands of a conception of human rights and global justice must be such that (a) they focus on the protection of important human interests, and (b) their fulfilment is feasible. I discuss the feasibility condition. I present a general account of the relation between moral desirability, feasibility and obligation within a conception of justice. I analyse feasibility, a complex idea including different types, domains and degrees. It is possible to respond in various ways if the (...) fulfilment of basic socioeconomic human rights against severe poverty seems at first to be infeasible. (shrink)

What’s special about human rights? For Rowan Cruft human rights are special because they capture the importance of the good of the right-holder. But his account struggles with explaining the existence of global socioeconomic human rights. I argue that such rights exist and show how we should revise Cruft’s account to accommodate this.

What’s special about human rights? For Rowan Cruft human rights are special because they capture the importance of the good of the right-holder. But his account struggles with explaining the existence of global socioeconomic human rights. I argue that such rights exist and show how we should revise Cruft’s account to accommodate this.

As this nation embarks on new efforts to reform the U.S. health system, we face a critical unfinished agenda from the mid- 1960s: persistent racial, ethnic, and socioeconomic disparities in health and health care. Medicaid, Medicare, and Community Health Centers — public programs with very different legislative histories and financing mechanisms — were the first federally funded, nationwide efforts to improve health care access for low-income and elderly Americans. Members of racial and ethnic minority groups also greatly benefited from (...) these efforts because recipients of federal funds, such as Medicare, were required to comply with the newly passed Civil Rights Act of 1964, which barred racial discrimination. Unquestionably, government played a major role in the gains in health care access that have occurred in the last half century. Yet today all Americans do not have the same opportunities for health, access to care, or quality of care when they receive it. (shrink)

This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of (...) rights and rights' dynamic quality give us some reason to resist this temptation - though this reason is interestingly inconclusive. (shrink)

The Ottoman legal system is built on religious (sharīʿa) and customary (ʿurfī) laws. The customary law consists of the rules that are not in contrast to the sacred law. Collection of regulations (qānūnnāme) were the most effective way for the execution of the customary laws. The qānūnnāme included the sultan’s orders and edicts (farman). Ottomans regulated and evaluated the taxes through measurements of lands specific times of the year. These measurements would be recorded into the taḥrīr books (written survey of (...) immovable prop-erties). And the administrative qānūnnāme were included in these books. In the qānūnnāmes, we can find information about the taxes, and the unlawful executions of the customary actors (ahl al-ʿurf) as well as the tax regulations. The qānūnnāmes on sanjak are composed accord-ing to the economic, social, and geographical characteristics of the administrative district it is written about, and with this, they provide us information on these issues. In this article, three sanjak qānūnnāmes are taken as the central topic and Kamah, Āmid, Pojega are evaluated in terms of the execution of customary law in these districts. These qānūnnāmes include record-ings of various taxing regulations, altered and cancelled executions, amounts of taxes, and punishments. We can compare the three districts in their economic and social characteristics.Summary: The Ottoman legal system consists of sharia and customary law. Ordinary law is based on some regulations which the sultan deems necessary and is composed of laws. The Ordinary law should not contradict sharia. When the Ottomans conquered a place, they generally protected the current laws (such as Uzun Hasan's laws), except for necessary changes or cancellations. When the Ottomans conquered a place, they used to make census to determine taxes. As a result of this census, Sanjak qānūnnāmes were placed in taḥrīr books. It also involves issues such as public and criminal law, customary tax regulations, and amounts of market taxes, which are approved by the emperor. In this article, the Sanjak qānūnnāmes of different regions belonging to the period of Suleiman the Magnificent, whose dates are close to each other, were selected. The Sanjak qānūnnāmes which are studied on are Kemah sanjak of Erzurum province belonging to (937/1530) and Āmid sanjak of Diyarbekir province belonging to (947/1540) and Pojega sanjak of Budin province belonging to (950/1545). The reason for this is to be able to compare the differences or stableness in tax and practices in the mentioned date range. At the same time, attention has been paid to the effectiveness of customary practices and the parts that are linked to sharīʾa. Some of the laws of Uzun Hasan are in force in Kemah and Amid. In these two sanjaks, some of the bâc taxes and some other taxes were removed. It is seen that the complaints made by the public due to the excess of taxes are taken into consideration. For example, in Kemah, the akche of murahhasiyye paid by the villagers for Armenian priests and bishops is one of them. The taxes that are abolished include kulluk and blend tax and taxes from various business lines. The tax, which was collected by the governors of the sanjak and the castle beys under the name of custom, which was imposed by some local administrators, was cancelled by seeing bidat. When three of the sanjaks are taken together, there are cautions that unfair and unlawful tax collections made by local administrators during tax collection have been abolished and these are accepted as bidat. Kemah sanjak qānūnnāme is 13 pages in total. Kemah, which has a geographical position and military transit route, has commercial relations with cities such as Trabzon and Hasankeyf. In Kemah, there are candle mill (şemhane), creamery (bezirhane) and tavern (meyhane). Kemah is one of the places where the climate has an impact on agriculture. Kemah's economy is based on trade, agriculture, small livestock, beekeeping. In Kemah, where caravan trade is important, trade goods are of value due to its location on the transit road. The Kemah qānūnnāme also contains various taʿzīr for unjust killing, wounding, and adultery. In the city, there are some arcs have ownership in common. The fact that there are mills indicates that the rivers in Kemah are utilized. Âmid Sanjak qānūnnāme consists of two pages. The title that attracts our most attention is that there is vitality and economic activity in the market since Âmid is on the Aleppo-Mosul Silk Road. The high number of weaving looms is due to the production of cotton. Amid has dye house and saphane. Indigo and Amid's red dye sold in the market shows the importance of weaving. Pojega sanjak qānūnnāme is composed of seven pages. Among the qānūnnāmes we have mentioned, this is the most legible one. In addition to the old practices, there are some new regulations in this qānūnnāme. The pig tax is only here because of the non-Muslim population. Transit tax fees indicate trading viability. Based on the studies made on these three sanjaks, it can be said that in the qānūnnāme, the rights of the raia (reaya) were tried to be protected by the rescript of the Sultan himself. Therefore, the most remarkable things in the qānūnnāme are not allowed unfair practices of local administrators and without the need to collect taxes from the public. The dates of the qānūnnāme are close to each other and Despite geographical differences, there is no remarkable change in taxation. Although there are non-Muslim populations in all three sanjaks, it is mostly in the Pojega sanjak. The fact that the pig tax is collected only from this sanjak is evidence of this situation. The presence of meyhane in Kemah, Amid and Pojega sanjaks point to the non-Muslim population. It is also used as a place where the villagers sell their grape juice. The mill tax on Kemah and Pojega show that rivers are used in common. (shrink)

p208 A century ago, during the early stages of the corporatization of the United States, discussion(about these matters)was quite frank. Conservatives a century ago denounced the procedure, describing corporatization as a "return to feudalism" and "a form of communism," which is not an entirely inappropriate analogy. There were similar intellectual origins in neo Hegelian ideas about the rights of organic entities, along with the belief in the need to have a centralized administration of chaotic systems like the markets, which (...) were out of control. It's worth bearing in mind that in today's so called "free trade economy" a very large component of cross border transactions (which are misleadingly called trade), probably about 70 percent of them, are actually within centrally managed institutions, within corporations and corporate alliances, if we include outsourcing and other devices of administration. That's quite apart from all kinds of other radical market distortions. (shrink)

Brazil is among the approximately 100 countries that recognize a constitutional right to health that includes access to medicines. All over Brazil, patients are turning to courts to access prescribed medicines. Although lawsuits secure access for thousands of people, at least temporarily, this judicialization of the right to health generates intensely complex sociomedical realities and significant administrative and fiscal challenges that, officials argue, have the potential to widen inequalities in health-care delivery. In this article, we explore how right-to-health litigation became (...) an alternative pathway for Brazilians to access health care, now understood as access to medicines that are either on government lists for pharmaceutical distribution or are only available through the market. Is the judicial system an effective venue to implement socioeconomic rights? Which practices of citizenship and governance are crystallized in these struggles over drug access and administrative accountability? (shrink)

The Pharmaceutical Benefits Scheme, operating in Australia under the National Health Act 1953, provides citizens equal access to subsidised pharmaceuticals. With ever-increasing costs of medicines and global financial pressure on all commodities, the sustainability of the PBS is of crucial importance on many social and political fronts. Direct-to-consumer advertising (DTCA) of prescription medicines is fast expanding, as pharmaceutical companies recognise and reinforce marketing potentials not only in healthcare professionals but also in consumers. DTCA is currently prohibited in Australia, but pharmaceutical (...) companies continuously lobby for the ban to be lifted. There is evidence that such marketing strategies influence consumer behaviour and concerns have been raised about whether DTCA could affect government expenditure on the PBS in Australia. This pharmacy-based study explored Australian consumer attitudes towards DTCA and whether consumer attitudes regarding DTCA differ based on socioeconomic status, measured in terms of income and education. Consumers from different socioeconomic areas in Sydney were asked to respond to a survey about an advertisement created specifically for the promotion of a mock prescription medicine. Their views about the intent, value and reliability of the advertisement were explored. The study found that consumers of lower socioeconomic status were more likely to perceive DTCA as a source of valuable and reliable medical information, and that they were more likely to request an advertised medication from their physician. If DTCA of prescription medicines was to be introduced in Australia, an increase in government expenditure on the PBS would be anticipated. Findings of this study also expose a deficit in respect for patients’ right to autonomy and informed consent which should be based on evidence-based, unbiased, information rather than advertisements. (shrink)

Historically, judicial enforcement of constitutional rights to health care has played a fairly limited role in enabling access to health care, a trend particularly prevalent in North America, and reflected in many other regions. This trend is due in part to judicial resistance to recognizing socioeconomic rights like health as appropriately legal, or as appropriately enforceable in light of the doctrine of separation of powers. This resistance is evident in judicial deference to social and economic policy, a (...) reluctance to view socioeconomic claims as invoking “fundamental values” that courts consider themselves authorized to protect: and a real reluctance to recognize and enforce “positive” obligations pertaining to social welfare. As a result, health has often fallen largely into the political rather than legal sphere, and domestic courts have been relatively reluctant to review health policies from a human rights perspective, given the belief that doing so would exceed the appropriate democratic function of the judiciary. (shrink)

Historically, judicial enforcement of constitutional rights to health care has played a fairly limited role in enabling access to health care, a trend particularly prevalent in North America, and reflected in many other regions. This trend is due in part to judicial resistance to recognizing socioeconomic rights like health as appropriately legal, or as appropriately enforceable in light of the doctrine of separation of powers. This resistance is evident in judicial deference to social and economic policy, a (...) reluctance to view socioeconomic claims as invoking “fundamental values” that courts consider themselves authorized to protect: and a real reluctance to recognize and enforce “positive” obligations pertaining to social welfare. As a result, health has often fallen largely into the political rather than legal sphere, and domestic courts have been relatively reluctant to review health policies from a human rights perspective, given the belief that doing so would exceed the appropriate democratic function of the judiciary. (shrink)

How are the human rights pertaining to the freedom of conscience/religion, health, and distinct culture intersect in the context of a global pandemic in the Muslim-minority areas? How do Russia’s Muslims make sense of the challenges to those rights caused or exacerbated by the COVID-19 pandemic? In this paper, I focus on diverse Muslim Tatar communities, primarily of the Middle Volga region, who have recently witnessed numerous political and socioeconomic challenges infringing on their human rights. Attending (...) on the period of the COVID-19 pandemic, in this paper I gauge the nature of human rights in the areas of health and religion by interrogating how the general Muslim publics and elites understand, justify, and explain those challenges in an environment of creeping authoritarianism. I call for a conceptual shift from the elite-driven traditional security perspectives to those of human rights as quotidian/everyday experiences while considering these vital issues. I use the Tatar-language Internet forums for the empirical analysis, offering and delineating the discursive repertoires and categorizing the areas of public concern in the new pandemic world. (shrink)

In the field of bioethics, scholars have begun to consider carefully the impact of structural issues on global population health, including socioeconomic and political factors influencing the disproportionate burden of disease throughout the world. Human rights and social justice are key considerations for both population health and biomedical research. In this paper, I will briefly explore approaches to human rights in bioethics and review guidelines for ethical conduct in international health research, focusing specifically on health research conducted (...) in resource-poor settings. I will demonstrate the potential for addressing human rights considerations in international health research with special attention to the importance of collaborative partnerships, capacity building, and respect for cultural traditions. Strengthening professional knowledge about international research ethics increases awareness of ethical concerns associated with study design and informed consent among researchers working in resource-poor settings. But this is not enough. Technological and financial resources are also necessary to build capacity for local communities to ensure that research results are integrated into existing health systems. Problematic issues surrounding the application of ethical guidelines in resource-poor settings are embedded in social history, cultural context, and the global political economy. Resolving the moral complexities requires a commitment to engaged dialogue and action among investigators, funding agencies, policy makers, governmental institutions, and private industry. (shrink)

Given the grim global statistics of extreme poverty and socioeconomic inequalities, moral and political philosophers have focused on the duties of justice and assistance that arise therefrom. What the needy are morally permitted to do for themselves in this context has been, however, a mostly overlooked question. Reviving a medieval and early modern account of the right of necessity, I propose that a chronically deprived agent has a right to take, use and/or occupy whatever material resources are required to (...) guarantee her self-preservation, or the means necessary to acquire them. There are three individually necessary and jointly sufficient conditions: the need is basic, the claimant does not violate other equally important moral interests, and it is a last resort. I present two recommendations to be followed by the claimants, and offer some examples where this principle may be applied today. I reply to the objections that understanding the right of necessity in this way kills its intuitive plausibility, and that it is a remedy worse than the disease. I conclude that, while not the best solution for the problem of global poverty, the exercise of this right should be accepted if we believe in the human right to subsistence. (shrink)

Why have so many people responded to the insecurity, exploitation, alienation, and isolation of precarity capitalism by supporting the far right? In this timely book, Claudia Leeb argues that psychoanalytic and feminist critical theory illuminates how economic and psychological factors interact to produce this extreme political shift. Contesting the Far Right examines right-wing recruitment tactics in the United States and Austria, where people discontented with the status quo have turned to far-right parties and movements that further cement capitalism’s adverse effects. (...) Leeb contends that Freudian psychoanalytic theory and early Frankfurt School Critical Theory provide analytical tools to explain this apparent contradiction in psychological terms. Living under precarity capitalism generates feelings of failure and anxiety, which people experience as non-wholeness, because it has become difficult if not impossible to live up to the fetish of economic, interpersonal, and bodily success, and the far right preys on such feelings. Its psychologically oriented propaganda tactics produce the illusion of wholeness and a positive sense of self while leaving the socioeconomic conditions that cause people’s suffering intact. At the same time, they remove the inhibitions that keep people’s repressed aggression and racist and sexist attitudes in check. To demonstrate the workings of this process, Leeb compares cases including Trump and the alt-right in the United States and the Freedom Party and the identitarian movement in Austria. At once theoretically rich and politically engaged, this book also offers ways to resist the far right and counter the psychological appeal of its propaganda techniques. (shrink)

Various quantitative analyses have stressed the connection between lower socioeconomic status (SES) and low political participation. The general argument behind these studies was that since political participation is crucial for democracy, and since low SES compromises political participation, liberal democratic governments cannot afford such a compromise. This paper argues that presenting political participation as a democratic value, corresponding to a ‘positive’ right, places the implied argumentation of such studies in a potential conflict with classical liberalism and its contemporary ‘successors’, (...) emphasizing ‘negative’ rights alone. However, the tension can be reconciled by employing the political thought of John Locke, one of the forefathers of classical liberalism. Thus, the paper illuminates a strong bond in Locke’s thought between democratic political participation and liberal natural rights. In fact, I argue that it is precisely his advocacy of liberal rights that leads to a conception of political participation, converging with democratic theory and redistributive policies. (shrink)

In this paper I respond to the central claims presented in Samuel Moyn’s influential book, Not Enough: Human Rights in an Unequal World. Moyn argues that human rights have the following features: they are powerless to combat growing material inequality; they share key characteristics with neoliberalism; they make only minimalist or sufficientarian demands and therefore are not enough to achieve the equality demanded by justice. He suggests, in particular, that Henry Shue’s Basic Rights exemplifies these features. My (...) response argues that Moyn does not accurately present the core conceptual and normative characteristics of human rights, nor does he succeed in implicating Shue’s conception in his critique. I suggest that Moyn’s own ideas about global justice are incompletely developed, including his views about the scope, content, and distributive principles that should guide an account of global justice. Finally, I argue that, even though human rights are only part of an account of global justice, nonetheless they do provide reasons to limit socioeconomic inequality. This point is exemplified by the claim that a human right to democracy requires limits on material inequality in order to prevent power hierarchy. In short, I agree with Moyn that human rights are not enough by themselves to achieve global justice, but I reject his multi-pronged critique of human rights, specifically his claim that they imply no constraints on socioeconomic inequality. (shrink)

In this chapter, I examine the grounds of the right of children to be free from extreme poverty, the content of this right, and who the duty-bearers are. In particular, I argue that the socioeconomic right of children to freedom from severe poverty: is grounded in the specific perfect moral duty of right to protect children from extreme poverty ; consists of the right to claim the omission of any act that restricts children’s freedom from extreme poverty ; as (...) well as the right to claim the performing of acts that guarantee children’s freedom from extreme poverty ; and is based on a duty which is not of all others, but of specific others, e.g. the relatives or/and the friends of the child, the local authorities, states, and organizations. In addition, I respond to three possible objections against the proposed philosophical foundation. Within this context, I first point out the moral priority of duties over rights; second, I explain why the socioeconomic right of children to be free from extreme poverty is not a human right; and, third, I explain the reasons why Kant is not a moral constructivist. (shrink)

Significant improvements in human rights and democracy have been made since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948. Yet, human rights, especially women's rights, are still being violated in many parts of the developing world. The adverse effects of such violations on women's and children's health are well known, but they are rarely measured. This study uses cross-national data from over 145 countries to estimate the impact of democracy (...) and respect for human rights on various measures of women's health while controlling for confounding socio-economic factors such as income, education, fertility and healthcare. It finds that democracy and regards for human rights contribute positively to women's health outcomes, as do socio-economic variables. (shrink)

The ability to differentiate between what is just and what is unjust may be considered as the precondition to demand one's own rights. Starting from this point, this research was carried out to describe the level of awareness of patients concerning their rights. The main hypothesis was: the higher the socioeconomic and cultural level of patients, the higher is their awareness of their rights. This research was conducted in one of the state hospitals in Turkey in (...) 1998. It is a descriptive study carried out on 128 inpatients in medical and surgical wards. The data were collected by a questionnaire, which included questions on the rights of patients and gave sample cases. The sample cases were designed by referring to the World Health Organization Declaration on the Promotion of Patients' Rights in Europe. Only 23% of the participants were able to recognize patient rights, while 32% could not; the majority (45%) were undecided in recognizing patient rights. The awareness scores were statistically significantly different for educational level categories (F = 5.84; p<0.001). A continuously declining trend was observed for patient rights awareness scores from the highest educational level to the lowest. This partly proves the hypothesis of the research. However, the awareness scores were not significantly different for the other background variables (p>0.05). Most strikingly, 38% of the patients had no idea about their diagnosis and 63% of those who had undergone surgery did not know why they had had the operation. (shrink)

This essay explores the mutual reinforcements between socioeconomic precarity and right-wing populism, and then envisions a politics that contests Trumpism through workers’ organizations that create alternatives to predominant patterns of subject formation through work. I first revisit my recent critique of precarity, which initiates a new method of critical theory informed by Paulo Freire’s political pedagogy of popular education. Reading migrant day laborers’ commentaries on their work experiences alongside critical accounts of today’s general work culture, this “critical-popular” procedure yields (...) a conception of precarity with two defining characteristics. First, precarity is socially bivalent: it singles out specific groups for especially harsh treatment even as it pervades society. Second, precarity constitutes subjects through contradictory experiences of time in everyday work-life, exacerbated by insoluble dilemmas of moral responsibility. Antonio Vásquez-Arroyo’s conception of “political literacy” and Bridget Anderson’s notion of “migrantizing the citizen,” in turn, help us understand how precaritization blocks workers from developing the critical dispositions toward time needed for democratic citizenship. This analysis then makes it possible to elucidate, in dialogue with Daniel Martinez-HoSang and Joseph Lowndes, how precaritized worker-citizenship facilitates the cross-class and multiracial appeal of Trumpism’s white supremacist discourse of national economic decline and resurgence, while normalizing the temporal affects of shock and violence characteristic of Trumpism, as theorized by Lia Haro and Romand Coles. Day laborers’ worker centers, I argue, refunction precaritized time, regenerate political literacy, and migrantize the citizen. A large-scale alternative to right-wing populism thus could emerge if the worker center network were expanded throughout the economy. (shrink)

Roma communities across Europe still remain a neglected population group by way of the social and economic disadvantage that largely characterizes their lives. Roma communities continue to experience structural socioeconomic health inequalities on the grounds of their ethnic origin, alarmingly unveiling a pattern of systematic discrimination and ethnic marginalization. Without any doubt, such a highly worrying situation calls for States to incorporate Roma health rights within their law and policy agendas in a manner consistent with right to health (...) requirements. Against this background, this paper seeks to identify an operational human rights framework for States as a driver for better informed policies and implementation as well as for Roma engagement in the deliberations about their life prospects. The paper argues that continuing, concerted, and proactive State engagement is required for effectively addressing the structural obstacles impeding Roma socioeconomic health rights realization and maximizing Roma opportunities for well-being. (shrink)

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United (...) Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace. (shrink)

Infertile women in the developing world face an additional layer of vulnerability compared to their counterparts in the developed world due to social, cultural, political, and socioeconomic factors that truly render their infertility a disability. After exploring how infertility in the developing world fits the World Health Organization’s biopsychosocial model of disability, we will argue that feminists and disability rights proponents should jointly articulate and advocate for change.

The author makes the claim that human rights have become an important institution of international relations, their inherent powerlessness notwithstanding. In the first step of the analysis, the author discusses the positive correlation between a nationâs socioeconomic well-being and the safe guarantee of human rights. However, the social and political disembeddedness of human rights and their universalist character actually constitute their inherent weakness, which is analyzed in the second part. In the third part, which deals with (...) the future development of human rights, the author makes the claim that the process of globalization does not only create the functional networks of economic, political, and military power elites, but also offers hope for the emergence of a global moral community in which the idea of human rights may become an essential institutional pillar. (shrink)

This paper explores the evolution of the Universal Declaration on Bioethics and Human Rights , which was adopted by the United Nations Educational, Scientific and Cultural Organization in 2005. While the draft UDBHR generated controversy among bioethicists, the process through which it evolved excluded mainstream bioethicists. The absence of peer review affects the declaration’s content and significance. This paper critically analyses its content, commenting on the failure to acknowledge socioeconomic and other factors that impede its implementation. The UDBHR (...) outlines ideal standards but fails to provide guidance that can be readily applied in different settings. It strives for universality but does not contribute to understanding of universal or global bioethics.The Universal Declaration on Bioethics and Human Rights was developed through multinational consultation over several years. It was officially adopted by the United Nations Educational, Scientific and Cultural Organization in October 2005.1 This paper explores the process of drafting the UDBHR, critically analyses its content and considers its status in the context of global bioethics. It comments on the UDBHR’s failure to acknowledge or respond to socioeconomic and other factors that impede attempts to implement it. The paper concludes that the process of drafting the declaration excluded a necessary group of stakeholders and that the UDBHR therefore fails to provide the guidance it aims to offer.Identifying a need to develop universally applicable ethical guidelines within a context of cultural pluralism, Unesco began developing a draft Declaration on Universal Norms on Bioethics. A near final draft was posted on Unesco’s website in February 2005 and replaced in June 2005 with the version subsequently adopted as the UDBHR. Stakeholder consultation on the draft involved hundreds of people in many diverse nations. These were seemingly limited to consultations with Unesco affiliates, however, and public comment was not solicited. …. (shrink)

PurposeThis paper scrutinizes the impact of socioeconomic, political, legal and religious factors on the internal ethical values of human rights organizations worldwide. The authors aim to examine the Code of Ethics for 279 HROs in 67 countries and the social and legal settings in which they operate.Design/methodology/approachUsing the framework of protect, respect and remedy, the authors look for keywords that represent the human rights lexicon in these three areas. In the protection of human rights, the authors (...) select the terms: peace, transparency, freedom and security. For the respect of humans, the authors use the terms: dignity, equality, respect and rights. Sources of remedies come from justice and ethics. The analysis seeks to determine what political economy settings drive the ethical value choices of the organizations. Those choices are proxied by those keywords they mention in their Code of Ethics.FindingsThe analysis show that the scope of ethical values mentioned are higher when the HRO is in a country with more domestic violence, lower income inequality, French civil or Islamic legal origin and higher trust in politicians. In regard to the determinants of the ten keywords individually, the authors conclude that the status of the socioeconomic, political, religious and legal settings impact with local HROs mention each of the keywords: peace, justice, transparency, dignity, equality, ethics, respect, freedom, security and rights.Research limitations/implicationsThe analysis is based on HROs that have a webpage in English and list the employee Code of Conduct.Originality/valueThis study is the first to examine the Code of Ethics for HROs. The authors demonstrate that country-specific characteristics help to drive their internal ethical values. (shrink)

The development of factor markets has opened Chinese agriculture for the penetration of capitalism. This new round of rural transformation—China’s agrarian transition— raises the agrarian question in the Chinese context. This study investigates how capitalist forms and relations of production transform agricultural production and the peasantry class in rural China. The authors identify six forms of nonpeasant agricultural production, compare the labor regimes and direct producers’ socioeconomic statuses across these forms, and evaluate the role of China’s land-rights institution (...) in shaping these forms. The empirical investigation presents three main findings: Peasant differentiation : capitalist forms of agricultural production differentiate peasants into a variety of new class positions. Market-based stratification: producers in capitalist agriculture are primarily stratified by their positions in labor and land markets; their socioeconomic statuses are linked with their varying degrees of proletarianization. Institutional mediation: rural China’s dual-track land system plays a crucial role in shaping the diverse and unique forms of capitalist production. (shrink)

This book is about multiculturalism, broadly defined as the recognition, respect and accommodation of cultural differences. Teo proposes a framework of multicultural denizenship that includes group-specific rights and intercultural dialogue, by problematising three issues: a) the unacknowledged misrecognition of non-citizens within the scholarship of multiculturalism; b) uncritical treatment of citizens and non-citizens as binary categories and; c) problematic parcelling of group-specific rights with citizenship rights. Drawing on the case of Singapore as an illustrative example, where temporary labour (...) migrants are culturally stereotyped, socioeconomically disenfranchised and denied access to rights accorded only to citizens, Teo argues that understandings of multiculturalism need to be expanded and adjusted to include a fluidity of identities, spectrum of rights and shared experiences of marginalisation among citizens and non-citizens. Civic Multiculturalism in Singapore will be of interest to students and scholars of multiculturalism, critical citizenship studies, migration studies, political theory and postcolonial studies. (shrink)

My paper reconstructs Fichte's property theory and political economy in Foundations of Natural Right and The Closed Commercial State. Fichte's theory of property requires the rejection of the classical liberal theory of property rights. Fichte's alternative theory of property, in conjunction with his republican account of the state's role in guaranteeing individual rights, further requires the rejection of a market economy in favor of a planned economy. For Fichte's view entails the normative necessity of a political economy in (...) which the production and transfer of goods and services, across large sectors of the economy, are mandated by the state in advance in accordance with an economic plan. As a result, Fichte reconceives his contractualism as necessarily including the negotiation of a state‐enforced plan for eco- nomic activity. Thus, Fichte's new theory of property in Foundations of Natural Right has extremely wide‐ranging implications for the rest of his political and economic thought. The negotiation of fair terms of political associa- tion characteristic of classical contractualist thought becomes in Fichte's hands the negotiation of an economic plan that defines each individual's socioeconomic rights. I conclude with some brief remarks on the sense in which Fichte's theory serves as a cautionary tale for later socialists. (shrink)

Eradicating poverty is one of the prime goals included in the Sustainable Development Goals set by the United Nations in its Post-2015 Development Agenda. Clearly, this is a mission set for the world to achieve but do humans have a moral obligation to fulfill it? In other words, is there a moral obligation on the part of the affluent of the world to help the needy poor? Drawing on the relation between a moral obligation and a moral right, one view (...) is that if there is a moral obligation to help the needy poor of the world, then we can say that those afflicted by severe poverty have a moral right (human right) to be free from poverty. But being an example of a socioeconomic right, it is writ with problems leading some philosophers to doubt that there is such a right. On the other hand, many attempts have been made to justify such a right. The paper looks at some attempts that have been made to justify the existence of such a right on the metaethical principles of justice, humanity and the concepts of karma and dharmic duty. It further delves into the nature of the moral obligation to eradicate poverty where this philosophical exercise provides the vision and the insight into the extent and scope of the mission. Lastly, the paper suggests how in view of the complex theoretical issues involved, one can attempt to generate the conviction that there is a human moral obligation to eradicate poverty. (shrink)

The conflict in Ukraine indicates some of the features of a potential post-liberal order and raises several potential ethical issues that may arise for international interventions as the world changes. What types of interventions, if any, are justifiable in response to situations such as the one in Ukraine? Can interventions be permissible given the potential undermining of universalist claims that are often used to support them? How should states prioritize between situations if there is an even greater number of global (...) challenges in a post-liberal order? Three new books—Solferino 21 by Hugo Slim, Decolonizing Human Rights by Abdullahi Ahmed An-Naim, and Promoting Justice across Borders by Lucia Rafanelli—can help to navigate these questions. Drawing on their insights, this essay argues that reform interventions can be justified to defend the liberal international order, that intervention can be defended from a relativist basis, and that socioeconomic rights should be given greater priority. (shrink)

_New research on broader determinants of health has culminated into the new paradigm of social determinants of health. The fundamental view that underlies this new paradigm is that socioeconomic and political contexts in which people live have significant bearing upon their health and well-being. Unlike a wealth of research on socioeconomic determinants, few studies have focused on the role of political factors. Some of these studies examine the role of political determinants on health through their mediation with the (...) labour environments and systems of welfare state. A few others study the relationship between polity regimes and population health more directly. However, none of them has a focus on women's health. This study explores the interactions, both direct and indirect, between democracy and women's health. In doing so, it identifies some of the main health vulnerabilities for women and explains, through a conceptual model, how democracy and respect for human rights interacts with women's health._. (shrink)

This chapter contains sections titled: I Justice in Education II The Comprehensive Ideal III Socioeconomic Segregation and Educational Injustice IV Liberty, Family Values and Justice V Justice without Structural Reform? VI Justice without De‐Segregation? VII Concluding Comment Notes References.

The regional principle of socioeconomic and political development has always served as the basis of the existence of developed states. The rights of regions have been severely curtailed only in countries with a totalitarian system of government.

Humans are moral creatures. Among all life on Earth, we alone experience rich moral emotions, follow complex rules governing how we treat one another, and engage in moral dialogue. But how did human morality evolve? And can humans become morally evolved? -/- In A Better Ape, Victor Kumar and Richmond Campbell draw on the latest research in the biological and social sciences to explain the key role that morality has played in human evolution. They explore the moral traits that humans (...) share with chimpanzees; how a more complex moral mind enabled Homo sapiens to arise and out-compete other human species; and the place of morality alongside historic revolutions in technology and social organization. Throughout the book, Kumar and Campbell argue that morality co-evolved with intelligence and complex sociality. Morality prevents societal collapse and enables complex knowledge. -/- After unearthing the ancient origins of human morality, Kumar and Campbell use evolutionary theory to deliver profound insights about how to advance moral progress and resist moral regress, such as reducing animal suffering on industrial farms; capitalizing on the recent revolution in gay rights to foster a nascent revolution in transgender rights; opposing intersectional inequality that impacts women and people of color in lower socioeconomic classes; and addressing major problems of global inequality, especially impending crises of injustice caused by anthropogenic climate change. Understanding how we evolved--and how we continue to evolve--can help us become a better ape. (shrink)

One of the puzzles of the current era is the divide between optimists and pessimists on the question of human rights. The prominence of human rights on the international political agenda sustains the optimist’s hopes for the future, while pessimists point to continued and widespread reports of civil, political, economic, social and cultural violations. This article looks at the tensions and apparent contradictions between these two approaches. Following a discussion on the construction of global human rights discourse(s), (...) the article concludes that the pretensions of law act to mask the socioeconomic normative framework that acts to discipline global society. (shrink)

City Living is about urban spaces, urban dwellers, and how these spaces and people make, shape, and change one another. More people live in cities than ever before: more than 50% of the earth's people are urban dwellers. As downtown cores gentrify and globalize, they are becoming more diverse than ever, along lines of race, ethnicity, socioeconomic class, sexuality, and age. Meanwhile, we are in the early stages of what seems sure to be a period of intense civil unrest. (...) During such periods, cities generally become the primary sites where tensions and resistance are concentrated, negotiated, and performed. For all of these reasons, understanding cities and contemporary city living is pressing and exciting from almost any disciplinary and political perspective. Quill R Kukla offers the first systematic philosophical investigation of the nature of city life and city dwellers. The book draws on empirical and ethnographic work in geography, anthropology, urban planning, and several other disciplines in order to explore the impact that cities have on their dwellers and that dwellers have on their cities. It begins with a philosophical exploration of spatially embodied agency and of the specific forms of agency and spatiality that are distinctive of urban life. It explores how gentrification is enacted and experienced at the level of embodied agency, arguing that gentrifying spaces are contested territories that shape and are shaped by their dwellers. The book then moves to an exploration of repurposed cities, which are cities materially designed to support one sociopolitical order, but in which that order collapsed, leaving new dwellers to use the space in new ways. Through detailed original ethnography of the repurposed cities of Berlin and Johannesburg, Kukla makes the case that in repurposed cities, we can see vividly how material spaces shape and constrain the agency and experience of dwellers, while dwellers creatively shape the spaces they inhabit in accordance with their needs. The book concludes with a reconsideration of the right to the city, asking what would be involved in creating a city that enabled the agency and flourishing of all its diverse inhabitants. (shrink)

This paper aims to critically approach the development of capitalist relations of production, as well as the genesis of the vindications of women's rights in the French Revolution. We seek to understand the socioeconomic conditions that made possible the rise of the first typically modern philosophical and political reflections about the exclusion of women from political rights and their inferiorization in society. In this sense, it is possible to emphasize the work of Mary Wollstonecraft and Olympe de (...) Gouges, which, in contesting the theories of natural law, enabled the development of a first political program to attend to the needs of women (peasants, proletarians and petit bourgeois). (shrink)

Ubuntu originated in small-scale societies in precolonial Africa. It stresses metaphysical and moral interconnectedness of humans, and newer Africapitalist approaches absorb ubuntu ideology, with the aims of promoting community wellbeing and restoring a love of local place that global free trade has eroded. Ecological degradation violates these goals, which ought to translate into care for the nonhuman world, in addition to which some sub-Saharan thought systems promote environmental concern as a value in its own right. The foregoing story is reinforced (...) by field research on African hunting operations that appear—counterintuitively—to reconcile conservation with business imperatives and local community interests. Though acknowledging shortcomings, I maintain these hunting enterprises do, by and large, adopt Africapitalist and ubuntu attitudes to enhance community wellbeing, environmental sustainability, and long-term economic viability. I also examine how well-intentioned Western conservation agendas are neocolonial impositions that impede local control while exacerbating environmental destruction and socioeconomic hardship. Ubuntu offers a conciliatory epistemology, which Africapitalism incorporates, and I conclude by considering how standard moral theories and political divisions become less antagonistic within these sub-Saharan frameworks, so even opponents can find common cause. (shrink)

One manifestation of climate change is the increasingly severe extreme weather that causes injury, illness and death through heat stress, air pollution, infectious disease and other means. Leading health organisations around the world are responding to the related water and food shortages and volatility of energy and agriculture prices that threaten health and health economics. Environmental and climate ethics highlight the associated challenges to human rights and distributive justice but rarely address health or encompass bioethical methods or analyses. Public (...) health ethics and its broader umbrella, bioethics, remain relatively silent on climate change. Meanwhile global population growth creates more people who aspire to Western lifestyles and unrestrained socioeconomic growth. Fulfilling these aspirations generates more emissions; worsens climate change; and undermines virtues and values that engender appreciation of, and protections for, natural resources. Greater understanding of how virtues and values are evolving in different contexts, and the associated consequences, might nudge the individual and collective priorities that inform public policy toward embracing stewardship and responsibility for environmental resources necessary to health. Instead of neglecting climate change and related policy, public health ethics and bioethics should explore these issues; bring transparency to the tradeoffs that permit emissions to continue at current rates; and offer deeper understanding about what is at stake and what it means to live a good life in today's world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kenneth Burke, John Dewey, and the Pursuit of the PublicPaul StobIn Deliberation Day, Bruce Ackerman and James Fishkin argue for the creation of a national holiday, "Deliberation Day," in which citizens come together over a two-day period in their local schools and community centers to deliberate over the merits of presidential candidates and their platforms (Ackerman and Fishkin 2004). While Ackerman and Fishkin propose that the government pay each (...) citizen a $150 stipend for voluntary participation, the purpose is not so much to monetarily to reward citizens for "showing up" as it is to foster an enriched civic culture that would send shockwaves through America's political infrastructure: "If Deliberation Day succeeded, everything else would change: the candidates, the media, the activists, the interest groups, the spin doctors, the advertisers, the pollsters, the fund raisers, the lobbyists, the political parties. All would have no choice but to adapt to a more attentive and informed public" (3). The task of Deliberation Day would be to create a new social context in which citizens could become enlightened through public participation. As the authors conclude the book, "We can, through an act of political imagination, create new institutions for redeeming the ancient promise of democratic citizenship. Ordinary men and women need not be the hapless playthings of the powerful. They can and must find new ways to hold their leaders to account, and redeem their dignity as human beings by responsibly shaping their collective destiny" (219).Ackerman and Fishkin's proposal is indeed filled with political imagination. I bring their proposal to light not to critique the possibilities and limitations of Deliberation Day, but to understand the way in which the authors understand "the public." At the bottom, what the polity needs, Ackerman and Fishkin believe, is a public space dedicated to the reinvigoration [End Page 226] of political culture. It is not that the citizenry is incapable of hammering out intelligent political solutions, but that it needs access to social contexts that facilitate deliberation and the emergence of a common good. To foster a culture of political intelligence, the public needs only the chance to enter the forums that will facilitate thorough, cooperative political decision-making.Ackerman and Fishkin are not alone in calling for access to or creation of these types of forums. Habermas's bourgeois public sphere—a public space in which citizens could come together and rationally debate the activities of the state—essentially represents the evolution of a context, a social space, a public arena (Habermas 1989). The bourgeois public sphere is meant to be egalitarian, providing citizens a forum in which to debate openly and foster a common political consciousness.1 But this sphere has proved problematic for a number of scholars. Oskar Negt and Alexander Kluge (1993), for example, propose a proletarian public sphere to counter capitalism's socioeconomic domination over public resources. Joan Landes (1988) argues that the bourgeois public sphere entails male domination in public life, to the exclusion of women. Nancy Fraser (1992) builds on the feminist critique by adopting the term "counterpublics," collectives of citizens—women, peasants, the working class, and other groups demarcated by issues of race, gender, and ethnicity—that arise in reaction to the dominant public sphere.2In the introduction to Counterpublics and the State (2001), Robert Asen and Daniel Brouwer argue that critiques of the bourgeois public sphere specifically and public sphere theory generally amount to three "reconfigurations" in the way in which scholars think of the public. First, scholars have come to recognize the existence and interaction of multiple public spheres. Second, they have come to acknowledge permeable boundaries of access to the multiple public spheres. Third, scholars have come to recognize the dynamic role of the state in shaping public discourse. One considerable result of these three reconfigurations is an increasing recognition of the political divisions that permeate society (Asen and Brouwer 2001, 17-25).If Asen and Brouwer are right, and I think they are, these three reconfigurations represent the general thrust of contemporary public sphere scholarship, including as it is understood among communication scholars.3 And however diverse such scholarship may be, a few common themes seem to recur across... (shrink)