This chapter contains sections titled: Introduction 1. Political Communities and Human Rights Impacts in Transnational Democracy 2. Transnational Representation: Extending Participation in Cross‐Border Decision Making Acknowledgments References.

In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering on (...) the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)

Since the mid-nineteenth century, women in Europe, North America and elsewhere have played an increasing role in the workforce. Women started pursuing jobs in factories, offices and businesses instead of being dependent on men for their livelihood. However, along with this significant improvement in the status of women, they still face obstacles, such as the gender pay gab and harassment in the workplace. Although both males and females experience harassment, the available literature clearly suggests that females are more likely to (...) be harassed. Much of the research concerning workplace harassment against women has been conducted in the West while little is known about this phenomenon in workplaces across the Arab and Muslim countries. In fact, gender relations and the nature of workplaces in Arab countries vary significantly from the Western workplace due to religious, social and cultural traditions. Muslim women live in the midst of patriarchal cultures where women’s honour is believed to be sacred. The ideology of women’s seclusion and subordination resulted in the restriction of their ability to participate in the labour force even where females are in urgent need of earned income. In this regard, harassment considers a crucial subject on various international agendas. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) for instance, reinforces the implementation of legislation that protects women against gender discrimination. Islam in a similar manner respects women and acknowledges their major role within a society. Therefore, as women living in Muslim communities where issues related to sexuality are sensitive, and people are reluctant to discuss such questions in public, this paper aims to discuss women seclusion, the situation of Muslim women with regard to harassment in the workplace, how international human rights deals with harassment as well as the relation between the Islamic jurisprudence and the international human rights with regard harassment in the workplace. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Religion after September 11th World CongressMontreal, Quebec, September 11–15, 2006Frances S. AdeneyThis global conference, organized by Professor Arvind Sharma and a team of international scholars, began on the fifth anniversary of the terrorist attacks on the World Trade Center in New York City and the Pentagon in 2001. Conference themes stressed the commonalities among religions seeking peace, the unity all religions share in our common humanity, the necessity for (...) religions to formulate cogent views of human rights, and the importance of nonviolent socially engaged religion.Those themes were carried through the congress in individual paper presentations, panel discussions, and plenary sessions. The participants represented many nations and religions with Buddhist, Hindu, Jain, Muslim, Jewish, and Christian scholars, religious leaders and lay persons participating at every level of the conference.A central feature of many of the presentations was the connection between the political realm and religion. How religions could formulate their sources for human rights and press for human rights implementation, what forms of just war theory could be developed for the current age of terrorist warfare, and how religious groups could be protected from indiscriminate or dishonest proselytizing were among the topics addressed.The Religion after September 11th World Congress brought together people of different religions, political persuasions, and cultures around issues crucial to us all. [End Page 141]Frances S. AdeneyLouisville Presbyterian Theological SeminaryCopyright © 2007 The University of Hawai'i Press... (shrink)

This article describes how ethical guidelines have been applied while interviewing psychiatric patients who were recovering from mental illness, especially from psychosis, to allow nurses to understand these patients’ experiences. Because psychiatric patients are vulnerable, their participation in research involves ethical dilemmas, such as voluntary consent, legal capacity to consent, freedom of choice, and sufficient knowledge and comprehension. The first part of this article describes the most important ethical guidelines concerning human research. These have been published by different (...) organizations, departments, committees and commissions for the purpose of protecting human rights and dignity whenever research participants are vulnerable persons or their capacity to consent is limited. At present, however, no special regulations govern research involving adults who have been diagnosed with a condition characterized by mental impairment. Furthermore, a relatively small body of research has documented the effects of various disorders on decision-making capacity per se. One basic moral and policy question is whether these individuals should ever be involved in research. The second part of this article concentrates on how the investigator made sure that participating patients had understood their role in this particular piece of nursing research. During the interviews the investigator noticed that some ethical dilemmas required further study and debate because of the lack of consensus on the proposed regulatory provisions on research involving institutionalized persons and their ability to make an informed and voluntary decision. (shrink)

This article describes how ethical guidelines have been applied while interviewing psychiatric patients who were recovering from mental illness, especially from psychosis, to allow nurses to understand these patients’ experiences. Because psychiatric patients are vulnerable, their participation in research involves ethical dilemmas, such as voluntary consent, legal capacity to consent, freedom of choice, and sufficient knowledge and comprehension. The first part of this article describes the most important ethical guidelines concerning human research. These have been published by different (...) organizations, departments, committees and commissions for the purpose of protecting human rights and dignity whenever research participants are vulnerable persons or their capacity to consent is limited. At present, however, no special regulations govern research involving adults who have been diagnosed with a condition characterized by mental impairment. Furthermore, a relatively small body of research has documented the effects of various disorders (e.g. psychiatric conditions) on decision-making capacity per se. One basic moral and policy question is whether these individuals should ever be involved in research. The second part of this article concentrates on how the investigator made sure that participating patients had understood their role in this particular piece of nursing research. During the interviews the investigator noticed that some ethical dilemmas required further study and debate because of the lack of consensus on the proposed regulatory provisions on research involving institutionalized persons and their ability to make an informed and voluntary decision. (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

Human rights are a central part of a social worker's value base in contemporary practice, but the structures by which social work services are delivered can adversely affect practitioners? abilities to uphold service user rights. This article describes the organizational development of social work services in England and the evolution of a rights focus for the practice of social work. It uses two cases, participation by children and young people looked after by the local authority (...) and parents with learning difficulties, to determine what prevents the delivery of rights at practice level. We argue that the structures which are the product of historical development prevent workers delivering a service that is anti-oppressive and grounded in a rights-based approach to practice. This suggests that the recent changed arrangements for the delivery of social work offer the opportunity to address human rights within practice and reinvigorate the profession. The division of the profession between children's trusts and adult social services within separate local authority departments or care trusts should make dialogue between specialist social workers, which has been suppressed by internal structures, possible. Such a dialogue could contribute to saving the profession from the disintegration that its division threatens, while advancing the human rights agenda. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this (...) network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

In his recent book, The Idea of Human Rights, Charles Beitz claims that we should reject the human right to democracy in favour of the less demanding right to collective self-determination. On this account, citizens are entitled to basic civil and political rights, and their interests are represented by a hierarchical regime that defers to a conception of the common good in decision-making processes. However, this claim undermines his subsequent defense of the human right to (...) nondiscrimination, because systematically enforced political inequalities are fundamentally discriminatory. In this paper, I explore and defend two claims: first, Beitz's rejection of the right to equal political participation is inconsistent with his defense of the human right to nondiscrimination; second, we should reconcile this inconsistency by maintaining that there ought to be a right to both nondiscrimination and political equality. In defending the second claim, I argue that equal political rights may protect a fundamental human interest and thus merit the status of a human right. I then argue that democratic institutions can be instrumentally linked to the effective protection of human rights. Further, without a constitution and political accountability mechanisms, disenfranchised citizens are dependent on the contingent benevolence of the ruling elite for the assurance that their basic liberties will be protected over time. Ultimately, even if hierarchical regimes protect basic liberties in practice, nondemocratic regimes violate the human right to nondiscrimination by systematically denying certain groups equal political rights. (shrink)

Human rights declarations are instruments used to introduce universal standards of ethics. The UN’s Protect, Respect, and Remedy Framework (Ruggie, Protect, respect, and remedy: A Framework for business and human rights. UN Doc A/HRC/8/5, 2008; Guiding principles on business and human rights: Implementing the United Nations “Protect, Respect, and Remedy” framework. UN Doc A/HRC/17/31, 2011) intends to provide guidance for corporate behavior in regard to human rights. This article applies (...) concepts from the field of organizational justice to the arena of business and human rights for the purpose of operationalizing the UN Framework. This approach facilitates the recognition of gaps between perceptions of justice held by stakeholders versus businesses and/or the State. Such recognition raises the potential for addressing issues that lead to divergent perceptions of justice, thus potentially improving the human rights performance of businesses. The research also shows the potential for complicity of businesses in human rights abuses and exposes a fundamental weakness in the UN Framework, which attempts to draw a sharp distinction between duties of States versus responsibilities of business. We illustrate this approach through analysis of the case of Goldcorp’s Marlin Mine in Guatemala; an extractive industry project that affects indigenous communities. (shrink)

This is the first article in a two-part series describing subject and family perspectives from the central thalamic deep brain stimulation for the treatment of traumatic brain injury using the Medtronic PC + S first-in-human invasive neurological device trial to achieve cognitive restoration in moderate to severe traumatic brain injury, with subjects who were deemed capable of providing voluntary informed consent. In this article, we report on interviews conducted prior to surgery wherein we asked participants about their experiences recovering (...) from brain injury and their perspectives on study enrollment and participation. We asked how risks and benefits were weighed, what their expectations and fears were, and how decisions were reached about trial participation. We found that informed consent and enrollment decisions are fraught. Subjects and families were often split, with subjects more focused on putative benefits and families concerned about incremental risk. Both subjects and families viewed brain injury as disruptive to personal identity and relationships. As decisions were made about study enrollment, families struggled with recognizing the re-emergent agency of subjects and ceding decision-making authority to subjects who had previously been dependent upon them for protection and guidance. Subjects and family members reported a hope for the relief of cognitive disabilities, improved quality of life, normalization of interpersonal interactions, and a return to work or school as reasons for study participation, along with altruism and a desire to advance science. Despite these aspirations, both subjects and families appreciated the risks of the intervention and did not suffer from a therapeutic misconception. A second essay to be published in the next issue of Cambridge Quarterly of Healthcare Ethics—Clinical Neuroethics will describe interviews conducted after surgery, the effects of cognitive restoration for subjects, families, and challenges presented to the social structures they will call upon to support them through recovery. This subsequent article will be available online prior to its formal publication in October 2023. (shrink)

The 1948 Universal Declaration of Human Rights recognized that “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits”. As a result, cultural rights have been understood as inseparable from human rights and require protection mechanisms within particular international legal systems. The European continent is proud to have developed one of the most effective mechanisms of the human (...) rights protection by establishing the Council of Europe and adopting the European Court of Human Rights. The recent outbreak of the COVID-19 reformulated many concepts of access to human rights and possibilities to enjoy freedoms. Even if access to culture has been available online for many years, it is the time of globally occurring lockdowns that forced people to stay home and found themselves in a situation when all of a sudden online access to culture became the only way of access to culture. The article aims to analyze the current situation in Europe by asking questions if and how online access to culture is recognized and protected under the Council of Europe’s mechanisms with special emphasis on the case-law of the European Court of Human Rights in this field. (shrink)

In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with (...) the rule of the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experiment with the development of representative democracy as well as the French revolution, after which the idea that rights should not be influenced by the status of the individual became the bedrock of a democratic system. But progress on the creation and protection of individual rights for all has been uneven. Democratic systems themselves often limit the scope of rights, particularly rights to participate in the political system. Stourzh brings this learned exploration forward to the discussions of human rights and democracy in the postwar period, with the end of the colonial empires and the fall of fascist dictatorships. He demonstrates how deeply intertwined equal rights for all, under law, as a concept and practice are with the development of democracy. He then explores the challenges to the idea of equal rights posed by economic inequality and the demands of the "security state" and concludes with a discussion of universal human rights which, under his idea of isonomy, will require bodies superior to nation-states to enforce. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dignity and Destiny: Humanity in the Image of God by John F. KilnerRichard W. ReichertDignity and Destiny: Humanity in the Image of God John F. Kilner GRAND RAPIDS, MI: EERDMANS, 2015. 414 PP. $35.00There is a problem with locating the imago Dei in a set of unique human attributes that other animals do not possess, such as self-awareness or higher cortical function: persons deficient in these attributes (...) might then be viewed as less complete images of God and therefore be treated as less than fully human. [End Page 209] According to John Kilner, this nonbiblical view contributes support for racism, sexism, and other oppressions. In Dignity and Destiny, Kilner's solution is to realize that the image of God is equally and fully present in every human as a divine blueprint, rooted in God's purpose for humans to reflect the image of God as revealed in Christ. Jesus is the image of God; all humans are created in the image of God.The various imperfect manifestations of God's image among the lives of individuals is due to the corruption of sin, not any diminution of the imago Dei. Here Kilner offers the useful metaphor of a coin. The denarius held up by Jesus when he addressed taxes had the image of Caesar cast on it as evidence of ownership and obligation: "Render to Caesar the things that are Caesar's." Yet even though Caesar's image on some coins was so worn or marred as to be nearly invisible, each coin still had the same monetary value as determined by Caesar's stamp. So, too, humans are stamped by God with the image of Christ, and despite the fact that some people barely manifest Christ's image, all humans still share equal value and dignity based on this divine stamp. Sin corrupts every person's ability to reflect God's image to some extent but does not mar the image of God itself. This concept of the imago Dei secures the full dignity and protection of all humans and opposes all forms of discrimination and oppression. Further, the eschatological destiny of humankind is not merely a return to a state of Edenic innocence but a future destiny toward full conformity to the image of Christ.Dignity and Destiny is a carefully referenced work, and Kilner's argument is clear and well-reasoned. He engages thoughtfully with those who hold alternative views of the image of God, especially with those theologians who argue that the imago Dei entails attributes of reason, righteousness, rulership, or relationship. He offers incisive but limited exegetical support for his view that the Bible does not offer an actual definition of the imago Dei but instead presents a "hermeneutical lens" to understand God's plan for humanity. Kilner's thesis certainly implies a teleological ethic of natural law, but his argument is actually aimed more toward Christ-like virtues and an understated kingdom ethic.The main value of Dignity and Destiny is its cogent evangelical argument against all forms of discrimination, marginalization, and human oppression. This work should appeal to all Christians who value human rights. But Kilner's argument may also provide strong support against many forms of euthanasia and abortion that are frequently justified by applying a qualitative scale of human attributes such as cognition and agency. For this reason, some nonevangelicals might find Kilner's thesis threatening and difficult to accept. In either case, Dignity and Destiny is a provocative and valuable contribution to theological anthropology. [End Page 210]Richard W. ReichertSouthern Baptist Theological SeminaryCopyright © 2017 Society of Christian Ethics... (shrink)

A prefrontal control system that is less mature than the limbic reward system in adolescence is thought to impede self-regulatory abilities, which could contribute to poor dietary choices and obesity. We, therefore, aimed to examine whether structural morphology of the prefrontal cortex and the amygdala are associated with dietary decisions and obesity in children and adolescents. Seventy-one individuals between the ages of 8–22 years participated in this study; each participant completed a computer-based food choice task and a T1- and T2-weighted (...) structural brain scans. Two indices of obesity were assessed, including age- and sex-specific body mass index and waist-to-height ratio. The behavioral task included rating 60 food stimuli for tastiness, healthiness, and liking. Based on each participant’s self-ratings, 100 binary food choices were then made utilizing a computer mouse. Dietary “self-control” was calculated as the proportion of trials where the individual chose the healthier food item over the total number of trials. Cortical thickness and amygdala subnuclei volumes were quantified using FreeSurfer 6.0 and CIT168 atlas, respectively. We found that WHtR was negatively associated with the thickness of bilateral superior frontal, left superior temporal, right insula, and right inferior temporal regions. We also found WHtR to be positively associated with the volume of the central nucleus region of the amygdala, after adjusting for the hemisphere, age, sex, and intracranial volumes. A similar data pattern was observed when BMIz was used. Moreover, we found that across all participants, thinner right superior frontal cortex and larger left CEN volumes predicted lower dietary self-control. These results suggest that differential development of the PFC and amygdala relate to obesity and dietary self-control. Further longitudinal studies are merited to determine causal relationships among altered PFC to amygdala neural circuitry, dietary self-control, and obesity. (shrink)

The problem of freedom is researched in various ways by the religions of the world, by the scientific theories and by the mythological consciousness of people. The article pays great attention to the myth and its influence on the realm of freedom and on our interpretation of reality. The author understands a myth as a certain free fiction of a man in order to interpret reality in his own way and sometimes to create his own artistic image of the world. (...) Often the myth stimulates the ability of the imagination and thus it participates in the creation and existence of personality. It is argued that the traces of the myth can be found in most ways of orientation in the material and ideal worlds as well as in the systems of human interests and relationships, in the original human desire of freedom. The problem of freedom is central to all human history. Freedom of conscience, freedom of speech, political freedoms - one can name a large number of different freedoms, but the freedom of creativity should be considered as principal freedom. It should be noted also the freedom of thought, which can lead a cognizing person beyond the worlds of substances and energies, to the place where the Eternal Creator should abide. As the world religions believe, we inherit the capacity for creativity and self-knowledge from God. The very same creative freedom exists historically. Freedom of thought is accompanied by spontaneity and mystery. Spontaneity of consciousness and freedom of creativity create a system of meanings that determine the course of human history, while history is perceived by an observer as a completely unique, cognizable phenomenon. (shrink)

Purpose. The article is aimed to study the anthropological, socio-philosophical and philosophical-legal dimensions of the ontological sphere of human life within the discourse of restricting human rights during pandemic threats. To do this, one should solve a number of tasks, among which are the following: 1) to explore the anthropological and praxeological understanding of fear as a primary component of human existence in a pandemic, which prevents people from changing their lives for the better and healthier, (...) having fun and happiness; 2) to put a focus on the habituation of fear as a two-dimensional adaptation to risks and threats from pandemics; 3) to reflect the anthropological features of changes in human life experience under the influence of the COVID-19 pandemic in the discourse of human rights and public health measures. Theoretical basis. Today, international guiding principles on human rights response to global natural threats have been updated. However, there are still no specific legal recommendations concerning measures on human rights protection during outbreaks of various infectious diseases. However, the influence of unexpected global challenges causes a change in the anthropological component of society and the state, so it requires immediate comprehensive research. Originality. It was substantiated a systematic approach to the implementation of modern healthcare policy towards the recognition of human life as the highest value, increasing the level of psychological preparedness for pandemic challenges and approximation of statutory provisions of human rights protection to modern challenges and threats to the health of the individual, society and state. The study of anthropological, socio-philosophical and philosophical-legal dimensions of human existence in the discourse of pandemic threats made it possible to reveal the profound influence of fear on human life, social justice and, consequently, identify the moral and legal dependence of the development level of society and the state on the level of axiological and anthropological concept of human dignity. Conclusions. Based on the study of statistical reports, international analysis and the use of personal authorial methods, the following can be stated: the methods of combating the modern pandemic have directly affected everyone on national and international level. Their influence is significant because it changes the rules of coexistence and life of people in all spheres. However, the influence on the consciousness and other intentions of the individual has mostly temporally insignificant limits. (shrink)

Somerville, Margaret Over the millennia of human history, the idea that children - at least those born into a marriage - had rights with respect to their biological parents was taken for granted and reflected in law and public policy. But with same-sex marriage, which gives same-sex spouses the right to found a family, that is no longer the case. Likewise, children's rights with respect to their biological origins were not an issue when there was no technoscience (...) that could be used to manipulate or change those origins: a baby could only be conceived in vivo through sexual reproduction. But with assisted human reproductive technologies and genetic technologies, that, too, is no longer the case. So, in light of these new realities, what are our obligations, as societies, to children with respect to their biological origins and biological families? What protections do children need and deserve? I propose that the most fundamental human right of all is a child's right to be born from natural human biological origins and that children also have human rights with respect to knowing who their biological parents and families are, and that these rights must be recognized. Children also have a right to be reared within their biological families and to have a mother and a father, unless an exception can be justified as being in the 'best interests' of a particular child. The connection among adoption, the use of new reproductive technologies, and same-sex marriage is that they all unlink child-parent biological bonds. Each context raises one or more of three important issues: children's right to know the identities of their biological parents; children's right to both a mother and a father, preferably their own biological parents; and children's right to come into being with genetic origins that have not been tampered with; that is, 'designing' our children should be prohibited. Such 'designing' would result in losses with implications far beyond those persons directly affected and far beyond the present time. It would undermine the rights to equality and freedom of future generations. Because the liberty and equality of all citizens is at the heart of democratic societal institutions and of the values that democratic societies promote, to create people who are neither free nor equal undermines those institutions and values. In short, not to prohibit 'designer children' would undermine the very foundations of our Western democratic societies. (shrink)

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of 'democratic centralism' shows that while it (...) does not now adequately support the right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (shrink)

Background The world is urbanizing rapidly; more than half the world’s population now lives in urban areas, leading to significant transition in lifestyles and social behaviours globally. While offering many advantages, urban environments also concentrate health risks and introduce health hazards for the poor. In Bangladesh, although many public policies are directed towards equity and protecting people’s rights, these are not comprehensively and inclusively applied in ways that prioritize the health rights of citizens. The country is thus facing (...) many issues that raise moral and ethical concerns. Methods A narrative literature review was conducted between October 2016 and November 2017 on issues related to social justice, health, and human rights in urban Bangladesh. The key questions discussed here are: i) ethical dilemmas and inclusion of the urban poor to pursue social justice; and ii) the ethical obligations and moral responsibilities of the state and non-state sectors in serving Bangladesh’s urban poor. Using a Rawlsian theory of equality of opportunity to ensure social justice, we identified key health-related ethical issues in the country’s rapidly changing urban landscape, especially among the poor. Results We examined ethical dilemmas in Bangladesh’s health system through the rural–urban divide and the lack of coordination among implementing agencies. The unregulated profusion of the private sector and immoral practices of service providers result in high out-of-pocket expenditures for urban poor, leading to debt and further impoverishment. We also highlight policy and programmatic gaps, as well as entry points for safeguarding the right to health for Bangladeshi citizens. Conclusions The urban health system in Bangladesh needs a reform in which state and non-state actors should work together, understanding and acknowledging their moral responsibilities for improving the health of the urban poor by engaging multiple sectors. The social determinants of health should be taken into account when formulating policies and programs to achieve universal health coverage and ensure social justice for the urban poor in Bangladesh. (shrink)

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of ‘democratic centralism’ shows that while it (...) does not now adequately support the right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 8.1 (2003) 74-92 [Access article in PDF] John Dewey's Aesthetic Ecology of Public Intelligence and the Grounding of Civic Environmentalism Herbert Reid and Betsy Taylor "[The problem is] that of recovering the continuity of esthetic experience with normal processes of living." John Dewey, Art as Experience "This is not a protest. Repeat. This is not a protest. This is some kind of artistic expression. Over." (...) --A call that went out on Metro Toronto police radios on May 16, 1998, the date of the first Global Street Party. Quoted from Naomi Klein, No LogoThis paper argues for the importance of John Dewey's aesthetic philosophy to recent efforts to cultivate civic environmentalism while critiquing narrowly conservationist environmentalisms. We call for a strong version of civic environmentalism oriented towards holistic integration of ecological [End Page 74] concerns into all aspects of social, political, economic, and cultural life. Such a civic environmentalism argues that it is not enough to strive to preserve enclaved 'wilderness' or 'biodiversity' (as important as that is). It argues also for fundamental changes in the political and economic status quo, because ecological havoc is understood to be integrally linked with the structural forces that are increasing inequality and weakening democratic publics. Strengthening of the civic commons is integral to protection of the environmental commons. If the environmental commons are the substantive goods in common which are the sustaining grounds of life, the civic commons are the institutions, collective memories, social networks, and skills that enable and inspire individuals to engage with each other in stewarding the common good. Such collective labor for the larger good requires some form of collective imagination which enables awareness of self and other (human or non-human) as inherently valuable. But beyond this, it requires perceptual and social infrastructures that nurture the ability to see self and other as emergent from and dependent on the supra-individual matrix that supports both life and individual. Central to such civic labor, is a non-dualistic understanding of individual/matrix. Such a non-dualistic understanding of self/other-in-matrix is central to political and ecological imaginations that are decentered from ethnic, species, class, gender, or other forms of domination and solipsism.John Dewey's work as a whole is a powerful call for such a non-dualistic understanding of individual-in-matrix, and few have better understood its connections to democracy. But, it is in his philosophy of art that Dewey describes most specifically the central importance of the aesthetic dimension of public culture to overcoming crippling dualisms of Western modernity that vitiate participatory engagement- individual/world, nature/culture, ends/means, leisure/work, art/science, aesthetic/ordinary. His writings on art have not been much utilized in the philosophical work for civic environmentalism. This paper argues for their relevance to its key goal of overcoming the segmentation of life ushered in by modernity and buttressed by these dualisms.We first give an overview of recent theories of civic environmentalism and the crises it engages of inequality, injustice, technocracy, corporatization, and the pervasive assault on place and thinning of public participation. Second, we look at the implications of Dewey'saesthetic ecology for an "environmentalism of daily life" that challenges the false dualisms of neo-liberalism and of technocratic professionalism that undermine place-based [End Page 75] forms of life and knowledge. Third, we draw on Dewey's aesthetic philosophy to suggest ways to rebuild democratic public space at the nexus of body, place, and commons. Finally, we briefly outline key philosophical questions that have emerged in our ethnographic and political study of Appalachian grassroots activisms, and that embody this sort of placed, democratic mobilization to protect the civic and environmental commons. American Environmentalism: Crisis and Challenge Toward the end of the last decade, veteran New York Times journalist and now independent writer Philip Shabecoff set out to engage "a broad spectrum of thoughtful and informed people within and without the environmental movement." His Earth Rising: American Environmentalism in the 21st Century offers a very... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 8.1 (2003) 74-92 [Access article in PDF] John Dewey's Aesthetic Ecology of Public Intelligence and the Grounding of Civic Environmentalism Herbert Reid and Betsy Taylor "[The problem is] that of recovering the continuity of esthetic experience with normal processes of living." John Dewey, Art as Experience "This is not a protest. Repeat. This is not a protest. This is some kind of artistic expression. Over." (...) --A call that went out on Metro Toronto police radios on May 16, 1998, the date of the first Global Street Party. Quoted from Naomi Klein, No LogoThis paper argues for the importance of John Dewey's aesthetic philosophy to recent efforts to cultivate civic environmentalism while critiquing narrowly conservationist environmentalisms. We call for a strong version of civic environmentalism oriented towards holistic integration of ecological [End Page 74] concerns into all aspects of social, political, economic, and cultural life. Such a civic environmentalism argues that it is not enough to strive to preserve enclaved 'wilderness' or 'biodiversity' (as important as that is). It argues also for fundamental changes in the political and economic status quo, because ecological havoc is understood to be integrally linked with the structural forces that are increasing inequality and weakening democratic publics. Strengthening of the civic commons is integral to protection of the environmental commons. If the environmental commons are the substantive goods in common which are the sustaining grounds of life, the civic commons are the institutions, collective memories, social networks, and skills that enable and inspire individuals to engage with each other in stewarding the common good. Such collective labor for the larger good requires some form of collective imagination which enables awareness of self and other (human or non-human) as inherently valuable. But beyond this, it requires perceptual and social infrastructures that nurture the ability to see self and other as emergent from and dependent on the supra-individual matrix that supports both life and individual. Central to such civic labor, is a non-dualistic understanding of individual/matrix. Such a non-dualistic understanding of self/other-in-matrix is central to political and ecological imaginations that are decentered from ethnic, species, class, gender, or other forms of domination and solipsism.John Dewey's work as a whole is a powerful call for such a non-dualistic understanding of individual-in-matrix, and few have better understood its connections to democracy. But, it is in his philosophy of art that Dewey describes most specifically the central importance of the aesthetic dimension of public culture to overcoming crippling dualisms of Western modernity that vitiate participatory engagement- individual/world, nature/culture, ends/means, leisure/work, art/science, aesthetic/ordinary. His writings on art have not been much utilized in the philosophical work for civic environmentalism. This paper argues for their relevance to its key goal of overcoming the segmentation of life ushered in by modernity and buttressed by these dualisms.We first give an overview of recent theories of civic environmentalism and the crises it engages of inequality, injustice, technocracy, corporatization, and the pervasive assault on place and thinning of public participation. Second, we look at the implications of Dewey'saesthetic ecology for an "environmentalism of daily life" that challenges the false dualisms of neo-liberalism and of technocratic professionalism that undermine place-based [End Page 75] forms of life and knowledge. Third, we draw on Dewey's aesthetic philosophy to suggest ways to rebuild democratic public space at the nexus of body, place, and commons. Finally, we briefly outline key philosophical questions that have emerged in our ethnographic and political study of Appalachian grassroots activisms, and that embody this sort of placed, democratic mobilization to protect the civic and environmental commons. American Environmentalism: Crisis and Challenge Toward the end of the last decade, veteran New York Times journalist and now independent writer Philip Shabecoff set out to engage "a broad spectrum of thoughtful and informed people within and without the environmental movement." His Earth Rising: American Environmentalism in the 21st Century offers a very... (shrink)

How can respect for cultural and religious differences be reconciled with the conviction that everyone has basic human rights that must be secured? Should liberal states require that non-liberal states secure human rights, and can they do so without being intolerant and oppressive? Is there a human right to democracy, and should a liberal hold that all states must become modern liberal democracies and may be pressured to reform their traditional practices and institutions? Do (...) class='Hi'>human rights include only the classical liberal civil and political rights, and no economic rights? ;In this dissertation I defend a conception of human rights derived from John Rawls's Political Liberalism, which comprises both Justice as Fairness, the view he presented in A Theory of Justice , and the Law of Peoples, the view he presented in The Law of Peoples . According to this conception, human rights are binding on all societies, and cannot be rejected as peculiarly liberal or politically parochial. Outlaw states that violate them are to be condemned and may in grave cases be subjected to sanctions or intervention. Moreover, human rights include not only basic civil and political rights but also basic economic rights. However, while there may be a human right to live under a procedurally democratic government, it would not be a basic right but a derivative one. ;The conception of human rights that I here defend is a rational reconstruction of Rawls's view. In Chapters 1--3 I argue against the most natural interpretation of The Law of Peoples, defend a different interpretation, and expose and bridge a logical gap in that text. I then develop new responses to objections by Charles Beitz and Thomas Pogge, who hold that liberals who endorse Justice as Fairness must reject the Law of Peoples as insufficiently egalitarian. I also respond to the additional objection that the set of human rights cannot include economic rights. As I show, endorsing Justice as Fairness requires endorsing the Law of Peoples, and public reason can reconcile respect for cultural and religious differences with the conviction that everyone has basic human rights that must be secured. (shrink)

In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in (...) light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations. (shrink)

This timely book examines the interaction of health research and regulation with law through empirical analysis and the application of key anthropological concepts to reveal the inner workings of human health research. Through ground-breaking empirical inquiry, Regulatory Stewardship of Health Research explores how research ethics committees (RECs) work in practice to both protect research participants and promote ethical research.This thought-provoking book provides new perspectives on the regulation of health research by demonstrating how RECs and other regulatory actors seek (...) to fulfil these two functions by performing a role of 'regulatory stewardship'. This involves guiding researchers through stages of research approval, as well as seeking to maximise benefits for participants and society while minimising risks. Arguing that participant protection and research promotion should rightly be treated as twin objectives for health research regulators, this book asserts that there is a need for more overt recognition of the importance and function of the deliberative space in which RECs can negotiate the risks relevant to a research application.This book is a key resource for academics and students interested in health research and regulation, and the dynamic interaction of ethics and the law. Regulators and policy-makers will also find it to be an insightful and illuminating text for the practical insights that it reveals about research governance in action. (shrink)

This study tests whether participation and values favouring forest protection vary in different forms of community forestry, and whether members' identification with institutional values and forest central ity determines people's participation. Three hundred ninety seven members from 17 forest institutions and their leaders were interviewed. Participation was significantly higher in indigenous community forest management than in crafted community forest management and joint forest management. Values of 'livelihood security from forest', 'sacrificing the present benefit', and 'avoidance of (...) free riding' emerged as important for indigenous and crafted community forest management compared to joint forest management. Members' identification with institutional values and centrality of the forest to the lives of members in forest institutions were higher in indigenous and crafted community forest manage ment than in joint forest management. Irrespective of forest institutions, the higher the value congru ence and centrality of the forest, the higher was people's participation. (shrink)

Approximately twenty years after it was necessary to fight for human rights, the time came when it was necessary to do it again. Or to begin at the very least to protect them very strongly and thoroughly in a preventive manner. Other methods and means will revert to time when human rights were formally anchored but their material establishment is not yet realized, or not at least to the extent expected corresponding to their real substance. (...) The beginning of the 90’s in Central and Eastern Europe was a success in that human rights began to be looked on as natural, forming the basis of democratic State respecting the rule of law. Today we are increasingly more often encountering the reality that human rights, on the contrary, to the same extent that they have been able to be established, they are losing in value. The biggest danger consists in the fact that limiting of human rights often is attended by silence, without wider public discussion or deliberations. The lack of qualified discussion during the limiting of human rights by way of laws and implementing regulations is however a systemic problem. Correction of its results can be often very complex and doing away with the causes a long term effort. It is dependent on the quality of representative democracy and of the civil society as well. This article is devoted to problem of implementation of evidence of data accompanying telecommunications traffic, the so-called data retention, and in its development from lack of legal regulation to roughly unconstitutional legal regulation and finally to hope for a reasonably constitutional solution. (shrink)

ABSTRACT Amongst other things, African culture (societies) has been characterised by its perception and fear of witchcraft. Even though the belief in witchcraft is an old phenomenon, its growth is revealed and to some extent mitigated by videos, films and accounts and stories of church ministers. Whilst some Christian worship services have been turned into witchcraft-centred campaigns against witchcraft, a second group perceive witchcraft as a way of getting rid of one's enemies and a third group see it as the (...) root of human misfortune. Indeed ministers (including preachers and pastoral caregivers) are almost 'measured' by their ability to successfully ward off demons (believed to have been sent by witches), as a yardstick for determining whether they are good ministers with a good following or congregation. The first group of people attend church to pray for protection against 'the enemy', the second group approach native doctors to protect their households from attacks by witches, and the third group rid themselves of witches by burning them along with their personal belongings. This article investigates the impact and consequences of a fear of witchcraft amongst Christians in African societies, particularly those in the Limpopo province of South Africa. It also offers pastoral guidelines for a theological response to witchcraft and its life-threatening influence on people in the affected communities. (shrink)

Internet of Things, Internet of Everything and Internet of People are concepts suggesting that objects, devices, and people will be increasingly interconnected through digital infrastructure that will generate a growing gathering of data. Parallel to this development is the celebration of the smart city and sharing city as urban policy visions that by relying heavily on new technologies bear the promise of efficient and thriving cities. Law and policy scholarship have either focused on questions related to privacy, discrimination, security, or (...) issues related to the production and use of big data, digital public services. Little or no attention has been paid to the disruptive impact of technological development on urban governance and city inhabitants’ rights of equal access, participation, management and even ownership, in order to understand whether and how technology can also enhance the protection of human rights and social justice in the city. This Article proposes complementing the technological and digital infrastructure with a legal and governance infrastructure, the Internet of Humans, by construing and injecting in the policy framework of the city the principle of Tech Justice. Building on a literature review and from an analysis of selected case studies, this Article stresses the dichotomy existing between the market-based and the society-based applications of technology, the first likely to increase the digital divide and the challenges to human rights in the city, the latter bearing the promise to promote equal access to technology in the city. The main argument advanced by this Article is that the principle of Tech Justice if embedded as an empirical dimension of smart city and sharing city policies can steer their developments in the direction of a more just and democratic city. (shrink)

The objective of this research is to find the meeting point between the second precept of Pancasila and the global ethics of Kung. The article also discusses the value of the second precept of Pancasila as found in the global ethics. This research is intended to recognise human rights as the convergence of the second sila (principle) of Pancasila, namely, 'a just and civilised humanity' with Hans Kung's global ethics. The method used in this research is a literature (...) study containing relevant theories. The second principle of Pancasila, Kemanusiaan yang Adil dan Beradab, is the basis for understanding the life of humanity, unity and justice in Indonesia and becomes the basis for humans to understand themselves and others. CONTRIBUTION: This research offers significant insights into the value of human rights as a meeting point between the second sila of Pancasila and Hans Kung's global ethics. The second sila of Pancasila and Hans Kung's global ethics emphasise that everyone has rights. Human rights do not contradict with the typical Indonesian culture of deliberation and mutual cooperation, because the second principle of Pancasila, namely, a just and civilised humanity, is the basis for ensuring human rights. The Constitution of Indonesia of 1945, article 27 paragraph 1 also guarantees human rights. Human rights do not encourage individualism; instead, they protect individuals and groups. Human rights are not meant to promote egoism, but they help to maintain solidarity among people and ensure the well-being of society. They are a means to respect human dignity and protect the weak. (shrink)

Purpose. The purpose of this paper is to investigate the anthropological and socio-philosophical dimensions of human existence of the older age group given the challenges of pandemic threats caused by COVID-19. To this end, it is planned to solve a number of tasks, among which one should distinguish the following: 1) to investigate the manifestations of age discrimination in the context of the social and labor areas of human existence; 2) to focus on the asymmetry of the behavior (...) of society and the state relative to persons of the older age group in the field of healthcare in the context of a pandemic crisis; 3) to represent the anthropological features of changes in the socialization and activity of older people under the current conditions of globalization-pandemic challenges. Theoretical basis. Despite such a broad representation of the age-related issue in public relations, there are still no practical guarantees that would apply to discriminatory aspects of older age groups in various areas of their manifestation. The synergistic evolution of social reality requires substantive analysis of the issue under the current conditions for the transformation of social life, which is affected by globalization crises caused by the pandemic threats of COVID-19. Originality. The stereotypical assumptions underlying legal policy and established social relations are based solely on the application of chronological age. The novelty is in justifying an individual approach to the elderly through the personification of the personal characteristics of a person. The study of anthropological and socio-philosophical dimensions of the existence of a person of the older age group in the face of the challenges of pandemic threats caused by COVID-19 has made it possible to analyze the destructive nature of age discrimination in the context of the social and labor areas of human existence. As well as focus on the asymmetry of the behavior of society and the state in relation to these persons in the field of health care, and emphasize the anthropological features of changes in the socialization and human activity under the current conditions of globalization-pandemic challenges. Conclusions. External threats to human existence call for special attention to the implementation and protection of human rights, freedoms, individual freedoms, and identity. Pandemic threats have transformed all dimensions of human existence, especially for those groups of society that are less socially protected. The pandemic crisis has created additional grounds for discrimination against older people in various areas of human existence. Equalization of persons by age without personifying the personal characteristics of an individual is discrimination on an age basis, which violates the principles of democracy and humanism in the society, leads to stigmatization of the person, is the cause of the anthropological crisis of a person. (shrink)

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

This chapter demonstrates that the African philosophical tradition offers four interesting ways to broaden global thought about human rights, where all four involve an appeal to the value of community in some way. Firstly, some African philosophers are skeptical about the normative category of human, i.e., individual rights, with some appealing to communal considerations to deny they exist at all and others doing so to argue that they should not play a central role in moral-political thought. (...) Secondly, there is the view, enshrined in the African (“Banjul”) Charter of Human and Peoples’ Rights for more than 40 years, that there are group rights and not merely rights of individuals. Thirdly, some thinkers in the African tradition have held that we have dignity because of relational features such as our ability to enter into community with others, contrasting with more globally familiar features such as our autonomy, rationality, or life. Fourthly, many African political philosophers hold that there is a human right to have a voice in any major political decision, a kind of democracy that would forge community among all by forbidding rule by a majority. The chapter argues that the grounds for skepticism about human rights are weak and instead that a communitarian foundation of human rights and its implications for group rights and democratic rights should be taken seriously by a global audience. (shrink)

Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest (...) attainable level of physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health. (shrink)

The United Nations Global Compact (UNGC) was created in 2000 to leverage UN prestige and induce corporations to embrace 10 principles incorporating values of environmental sustainability, protection of human rights, fair treatment of workers, and elimination of bribery and corruption. We review and analyze the GC’s activities and impact in enhancing corporate social responsibility since inception. First, we propose an analytical framework which allows us to assess the qualities of the UNGC and its principles in the context of (...) external and internal elements that influence code effectiveness and implementation. Second, we analyze UNGC performance in encouraging companies to become signatory members and bring about demonstrable change in corporate CSR-sustainability activities. In its 10-year report, UNGC has proclaimed growth in both membership and program activity. However, all credible and publicly available data and documentation conclusively demonstrate that the UNGC has failed to induce its signatory companies to enhance their CSR efforts and integrate the 10 principles in their policies and operations. The result has been a loss of public trust and support of UNGC from important constituencies among civil society organizations, and those individuals and groups adversely impacted by corporate activities and resultant negative externalities. This diminished credibility has also made UNGC largely dependent on the corporate sector for its very survival. We conclude that this dependence has in turn impaired and would continue to hinder UNGC’s ability to fulfill its mission. Such an outcome raises serious questions as to the viability, usefulness, and continued existence of UNGC. (shrink)

The massive growth in global health research in past decades has posed many challenges for its effective ethical oversight, not least of which is how best to provide effective protection of research participants. The extent of the HIV epidemic in sub-Saharan Africa in particular makes research into prevention technologies for HIV, including HIV vaccine research, a global priority. However, the need for vaccine research must be considered in conjunction with the individual's right to informed consent, which is based on the (...) principle of respect for autonomy. One of the primary human rights violations likely to occur in the context of HIV vaccine research is that potential research participants may not fully understand what participation in research studies entails. People who elect to enrol in HIV vaccine trials are required to understand both the potential negative effects of participation (eg, discrimination) as well as complex scientific concepts such as randomisation and prophylaxis in order to be ethically enrolled. In this study, two vignettes are presented to illustrate two core issues in conducting phase III HIV vaccine trials in low-income countries—namely, (1) from the perspective of participants, the extent to which understanding is a prerequisite for consenting to participate in a trial, and (2) from the perspective of trial investigators, whether it is appropriate to persuade eligible people to enrol in a trial, even though their initial reaction is to decline to participate. These vignettes are used to analyse these issues through the prisms of research ethics and human rights in order to identify helpful synergies. It is argued that the human rights perspective provides a helpful lens on ethical issues. (shrink)

Since the mid-1990s, the international norms for global development have been redefined under non-governmental organizations’ critical e-mobilizations, powered by new media. International governmental organizations have been forced to make policy adjustments or concessions, resulting in new IGOs-NGOs policy regimes for consultative consensus building and for protecting people’s economic, social, and cultural rights for enhancing social quality. This paper examines the emerging cosmopolitanism in the information age, focusing on NGOs’ advocacy networks, to understand the new media-enhanced participatory regime for global (...) governance. It also illustrates a new form of social participation, as promoted by social quality theory, in the age of e-globalization and the information society. The paper has five parts. After outlining the globalization project threatening ESC rights, the second section examines critical engagements of NGOs and IGOs for human rights promotion. Parts three and four discuss, respectively, the struggles for ESC rights in shaping new ethics and norms for global development, and the variations of new social media mobilization. The paper ends with critical remarks on the project for larger freedom and human rights for all. (shrink)

Knowledge of others, then, has value; so does immunity from being known. The ability to extend one's knowledge has value; so does the ability to limit other's knowledge of oneself. I have claimed that no interest can count as a right unless it clearly outweighs opposing interests whose presence is logically entailed. I see no way to establish that my interest in not being known, simply as such, outweighs your desire to know about me. I acknowledge the intuitive (...) attractiveness of such a position; but my earlier discussion concluded that the value of privacy is ease, and the value of knowledge is understanding - and it's not obvious that either outweighs the other. Nor is it obvious that the freedom and autonomy which result from the power to limit what others know is more significant than the freedom and autonomy which result from the power to extend one's knowledge. I believe the intuitive attractiveness of the belief that privacy values outweigh knowledge values lies in the entirely correct belief that a society without any privacy would be unpleasant. But a society without mutual knowledge would be impossible.I conclude therefore that there is no right to privacy nor to control over it. Nevertheless, each of these things is a good, and a good made possible (given the presence of other people) by social structures. A desirable society will provide both privacy and control over privacy to some extent. Nothing in my analysis helps determine what the proper extent is, nor what areas of life particularly deserve protection. Those who would argue that privacy and control over it are entailed by respect for persons should, I think, choose instead some particular areas central to being a person, to counting as a person, and then show how one is less likely to exercise one's capacities there fully without privacy or without control over it. Although Gerstein's attempt fails because he inaccurately defines intimacy as a kind of absorption and incorrectly opposes absorption with publicity, I think it is the kind of attempt which must be made. Furthermore, he has probably chosen the right area of life - if anything has a special claim to privacy it is probably the union between people who care for one another. The value of being together alone may be more significant than the value of being alone, if only because words and actions are public while thoughts are not. But I will not try to develop that argument here.In any case both privacy and control over it are social goods; on egalitarian grounds they should, ceteris paribus, be equally available to everyone. This helps explain the “dehumanizing” effect of institutions which provide no privacy at all- prisons and some mental institutions. It is not so much that the inmates are totally known; it is rather that those who know them are not so fully known by them; further, that the staff has a great deal of control over what they disclose of themselves, and the inmates very little. The asymmetry of knowledge in those institutions is one aspect of the asymmetry of power; the completely powerless are likely to feel dehumanized.My analysis also helps account for the wrongness of covert observation. It is not simply that the observer violates the wishes of the observed, for the question is whose wishes trump. The observer is violating the justified expectations of the observed: expectations supported by weighty social conventions. These have more moral weight than simple desires do. The peeping torn is violating a convention which structures the distribution of knowledge, a convention from which he benefits. Without it his own activities might well be impossible. He might be more easily caught; or his victim, less trusting, might choose houses without windows. More deeply, the thrill of what he is doing depends on the existence of the convention. Even morally permissible excitement - the suggestiveness of some clothing- would disappear without conventions about nudity. Presumably, too, there are elements of his own personal life for which he values his privacy. He is on grounds of justice obligated to observe the rule which makes his benefits possible.(Some claims to privacy result from personal predilections, rather than from convention. Parent describes a person who is extremely sensitive about being short, for instance, and does not want his exact height to be common knowledge. Parent, p. 346. The grounds for these claims are obviously different from those I've been discussing. The grounds are the moral obligation not to cause needless pain, or, if the information was given in confidence, to keep one's promises.) Although there is no right to privacy or to control over it as such, there is a right to equality of consideration and to a just distribution of benefits and burdens. To put it another way: there is no natural human right to privacy or to control over it; but a good society will provide some of each, and justice requires that the rules of a good society be observed. This paper was written during Joel Feinberg's 1984 NEH Summer Seminar. I am indebted to NEH for funding, and to Professor Feinberg and the other members of the seminar for helpful comments. (shrink)

This paper spotlights ways in which sexual capacities relate to central human capabilities, such as the ability to generate a personally meaningful story of one’s life; be physically, mentally and emotionally healthy; experience bodily integrity; affiliate and bond with others; feel and express a range of human emotions; and choose a plan of life. It sets forth a dignity-based argument for affording older people access to sex robots as part of reasonable efforts to support their central (...) class='Hi'>human capabilities at a floor level. The argument develops stepwise: (1) first, I dispel ageism and negative stereotypes about later-life sexuality, showing their deep historical roots in medicine and science; (2) second, I set forth a positive argument, grounded in capability accounts of justice, for deploying sex robots for older people with disabilities; (3) finally, after responding to objections, I conclude that sex robots are a reasonable way to support later-life sexuality for persons with disabilities. While often depicted as a product for younger, able-bodied people, this paper is a bid for reimagining sex robots as a product for older, disabled people. (shrink)

The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states-Indonesia, Thailand, and Malaysia-responded to the violations in very different ways. In (...) each case, their responses to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse. (shrink)

This article examines how facial recognition technology reshapes the philosophical debate over the ethics of video surveillance. When video surveillance is augmented with facial recognition, the data collected is no longer anonymous, and the data can be aggregated to produce detailed psychological profiles. I argue that – as this non-anonymous data of people’s mundane activities is collected – unjust risks of harm are imposed upon individuals. In addition, this technology can be used to catalogue all who publicly participate in political, (...) religious, and socially stigmatised activities, and I argue that this would undermine central interests of liberal democracies. I examine the degree to which the interests of individuals and the societal interests of liberal democracies to maintain people’s obscurity while in public coincide with privacy interests, as popularly understood, and conclude that there is a practical need to articulate a novel right to obscurity to protect the interests of liberal democratic societies. (shrink)

In the twenty-first century, human rights play a very important role in modern society. The Universal Declaration of Human Rights, released on 10 December 1948th was thought to become an everlasting source of fundamental human rights and freedoms. The Declaration corresponds to the situation that global community was facing 60 years ago. Today it is a collection of articles that is the cornerstone of the whole system of human rights protection. However, gross (...) human rights atrocities, the dynamic process of legislation, technological progress and changing social values have prompted many to revise the concept of human rights. Today many areas of life have changed: we have untraditional marriages and families, the individual enjoys a completely different social status than 60 years ago. These factors have prompted the creation of an entirely new dimension to human rights and freedoms based on personal autonomy, dynamics and self-regulation. Nowadays, the realization of rights and the aspiration to personal happiness are closely connected with personal autonomy. Autos and nomos—these two terms describe the ability of an individual to initiate one’s actions, to realize them by making independent decisions. This article analyzes whether this ability is a natural right or a privilege, what factors determine the exercise of this right, and what is the role of the state in this process. (shrink)

Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded in (...) considerations of commercial interest, and we argue that these concerns are insufficient to override the moral duty to disclose adverse clinical trial results. However, we also develop a proposal that enables commercial interests to be protected, while promoting the duty to disclose adverse clinical trial results. (shrink)

Background Protecting a person’s right to privacy and confidentiality is important in healthcare services. As future health professionals, nursing students should bear the same responsibility as qualified health professionals in protecting patient privacy. Objectives To investigate nursing students’ practices of patient privacy protection and to identify factors associated with their practices. Research design A cross-sectional study design was adopted. A two-part survey was used to collect two types of data on nursing students: (1) personal characteristics, including demographics, clinical experience and (...) use of information and communication technology and social media and (2) practice of patient privacy protection, collected using the Patient Privacy Scale. Participants and research context: A total of 319 nursing students aged 18 or above, studying pre-registration nursing programmes and who had attended at least one block of clinical placement, were recruited from a university in Hong Kong. Ethical considerations The study received ethical approval from the Survey and Behavioural Research Ethics Committee of the Chinese University of Hong Kong. The participants were informed of the study aim and written consent was obtained before completing the survey. Findings: The mean total score on the Patient Privacy Scale was 119.7 out of 135. Nursing students who were regular users of Instagram and those who had never taken photographs with patients and hence did not need to obtain patient consent were associated with better practices of patient privacy protection (higher total scores on the Patient Privacy Scale). Conclusions The findings improve our understanding of nursing students’ practice of patient privacy protection and the associated factors. This will inform the development and revision of current strategies to enhance nursing students’ practice of patient privacy protection, especially their use of social media. (shrink)

There is an intrinsic connection between genocide and colonialism where both concepts are in close proximity and are based on the logic of elimination. The fact that an active genocide of the Palestinian people continues in 2024 is extremely disturbing. A plethora of human rights laws and principles complement and reinforce the protections afforded under international humanitarian law. These laws were developed in order to prevent historical atrocities from repeating themselves. As history is re-written, it is submitted that (...) these laws, while good on paper, are not being put into practice in the case of Palestine. This article reflects on the application of specific international humanitarian laws, namely protecting healthcare, preserving nutrition and safeguarding children during times of conflict, and analyses how these protections are being flouted in the case of Gaza. (shrink)

International law guarantees rights to indigenous peoples regarding traditional lands, knowledge, cultural preservation, and human security. This paper will examine the sources of these rights and legal remedies for violations of law. Protection of indigenous peoples’ cultures and resources contribute to the protection of the global environment.