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.

Abstract: The emergence of cross-border communities and transnational associations requires new ways of thinking about the norms involved in democracy in a globalized world. Given the significance of human rights fulfillment, including social and economic rights, I argue here for giving weight to the claims of political communities while also recognizing the need for input by distant others into the decisions of global governance institutions that affect them. I develop two criteria for addressing the scope of (...) democratization in transnational contexts— common activities and impact on basic human rights —and argue for their compatibility. I then consider some practical implications for institutional transformation and design, including new forms of transnational representation. (shrink)

ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches (...) to human rights are distinguished: moral, political, and legal. It is argued that the tripartite framework’s grounding of the responsibility of TNCs to respect human rights is properly understood as moral and not merely as a political or legal duty. A moral account of the duty of TNCs to respect basic human rights is defended and contrasted with a merely strategic approach. The main conclusion of the article is that only a moral account of the basic human rights duties of TNCs provides a sufficiently deep justification of “the corporate responsibility to respect human rights” feature of the tripartite framework. (shrink)

The luxury-versus-necessity controversy is primarily concerned with the importance of civil and political rights vis-à-vis economic and social rights. The viewpoint of political leaders of many developing and newly industrialized countries, especially China, Singapore, Hong Kong, Malaysia and Indonesia is that civil and political rights are luxuries that only rich nations can afford. The United Nations, transnational civil society and the Western advanced countries oppose this viewpoint on normative and empirical grounds. While this controversy is far (...) from over, new challenges of “evidence” and “marketization” are emerging. The first calls for a narrative on the history of civil and political rights in the West in the comparative context of the Industrial Revolution and the East Asian Miracle and China’s economic growth. The effects of the recent financial crisis and insulation of China from the Arab Spring further deepen this challenge. The marketization challenge looks at this controversy from the social exclusion angle. It argues that the basic needs covered by the minimum human rights agenda are becoming luxuries in a real sense for those who do not have the power to purchase these needs from the market. (shrink)

Despite their strong transnational links and support in the second half of the 1990s, Turkish NGOs have not yet had a “tremendous” impact on domestic political and social change. But new points of contact have been established in the public sphere between governmental agencies and the IHV and IHD, with both sides engaged in an argumentative process, which may, in the long run, lead to the subscriptive phase of “human rights talk” and deed. The general tenor of (...) this essay may lend itself to suggesting two prerequisites for establishing such a sustainable human rights regime in this geography: the first is “capacity building”, the other is grounding this regime in an accurate perception of the structures of power, domestic and international, so as to “integrate” the human rights bundle into all aspects of life, at all levels, within all traditions and institutions by empowering the community into the language of human rights. Most of all, integration of human rights into a liberal democratic order requires coming to terms with the past.Capacity building can be defined in different terms: in the words of Mary Robinson, the UN High Commissioner for Human Rights, it is “facing-up to the bullies.” It is a cliché that the legalistic entrenchment of human rights is sufficient guarantee against their violation. It is almost unrealistic to expect a system to volunteer to set up a human rights regime that will limit and cripple the power it wields. So, what to do? Mary Robinson suggests a “national plan,” as, opposed to fragmented political notions, building a sustainable model with strong bricks and mortar. As Robinson notes, “even where there are plans, plans without effective strategies for implementation are empty vessels.” We could add more: in contexts like Turkey where “special circumstances” provide the pretext for legitimating an anti-human rights discourse, Mary Robinson's national plan's chances of success depend on building a strong survival capacity for any civilian government that works to bring, itself, the urban middle classes, civil society and the military into the realities embedded in human rights. (shrink)

To understand the Muslim world it is essential to see it in a transnational context that is informed by its heterogeneity, power contestations, and continuous change. To understand human rights' foundations and origins it is essential to grapple with its legal, political, normative, and institutional groundings, and bear in mind its ongoing reconfigurations and global impacts. Each of these tasks is illustrated by how movements for the rights of women and sexual minorities have come to impact (...) on the transnational Muslim world and international human rights. This article explores each element within these complementary themes as a way of framing how and why the international human rights regime increasingly intersects with the Muslim world in a way that underpins challenges to authoritarian politics and the monolithic constructs of politics and society on which authoritarianism thrives. (shrink)

Peaceful protests and strikes are a basic human right as stated in the United Nations’ universal declaration on human rights. But for doctors, their proximity to life and death and the social contract between a doctor and a patient are stated as the reasons why doctors are valued more than the ordinary beings. In Pakistan, strikes by doctors were carried out to protest against lack of service structure, security and low pay. This paper discusses the moral (...) and ethical concerns pertaining to the strikes by medical doctors in the context of Pakistan. The author has carefully tried to balance the discussion about moral repercussions of strikes on patients versus the circumstances of doctors working in public sector hospitals of a developing country that may lead to strikes. (shrink)

During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this (...) trend could be a proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at stake. With regard to negative duties, soft law tools concerning TNCs’ conduct may weaken the impact of hard law. By contrast, when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be much more useful. (shrink)

What are human rights? Do they exist? I propose to answer these questions by advancing a contractarian account of human rights. I focus on the human right to found a family and have children. I also show how the contractarian approach to human rights can explain the current relevance of reproductive rights in the human rights discourse, and how the emergence of ART has contributed to this shift. The contractarian account (...) of human rights asks, firstly, the following question: which basic needs and desires can be ascribed to any human being regardless of gender, nationality, sexual orientation, age, ethnicity etc.? Having an interest, for instance, in preserving one’s own bodily integrity, freedom, and private property qualifies as a basic human need or basic desire. But a basic human need or desire does not constitute in itself a human right. Secondly, the contractarian account of human rights asks, then, which basic human needs or basic desires individuals and states representatives would consider so important that they would agree to create institutional frameworks, both at the domestic and international level, in such a way as to enable individuals to pursue the fulfilment of their basic needs or desires without state interference. Human rights exist and can only be claimed in the context of these normative frameworks. (shrink)

What is the relationship between Thailand’s human rights crisis during Prime Minister Thaksin Shinawatra’s leadership and the USA-led post-9/11 war on terror? Why did the human rights situation dramatically deteriorate after the Thaksin regime publicly supported the Bush administration’s war on terror and consequently received US counterterror assistance? This article offers two conceptual arguments that jointly demonstrate a constitutive theoretical explanation, which shows that counterterror and militaristic transnational and national discursive structures enabled the strategy of (...) state repression in Thailand under Thaksin. The first concept refers to strategic localization, which refers to how the Bush administration’s global war on terror—and its consequent overarching emphasis on military security—provided an opportunity for the Thaksin administration to strategically localize the global threat of terrorism in ways that could seem relevant to the local Thai context. The second concept pertains to resource mobilization, which shows how converging US and Thai discourses on military security facilitated Thaksin’s strategy of increased state repression that led to the proliferation of state-led human rights abuses. This research article contributes to the human rights literature in two ways: by highlighting how foreign aid programs and its constitutive political discourses shape recipient countries’ domestic human rights situation and by tracing the macro-political factors that lead to the eventual democratic decay of contemporary Thailand. (shrink)

States cannot legitimately enforce their borders against migrants if dominant conceptions of sovereignty inform enforcement because these conceptions undermine sufficient respect for migrants’ basic human rights. Instead, such conceptions lead states to assert total control over outsiders’ potential cross-border movements to support their in-group’s self-rule. Thus, although legitimacy requires states to prioritize universal respect for basic human rights, sovereign states today generally fail to do so when it comes to border enforcement. I contend that (...) this enforcement could only be rendered legitimate if it was predicated on more desirable conceptions of sovereignty that supported the universal prioritization of basic human rights. Specifically, desirable conceptions would not establish and require absolute state sovereignty over borders as a necessary precondition for true popular self-governance. (shrink)

ABSTRACT:This article examines the presuppositions and theoretical frameworks of the “new-wave” “Post-Westphalian” approach to international business ethics and compares it to the more philosophically oriented moral theory approach that has predominated in the field. I contrast one author’s Post-Westphalian political approach to the human rights responsibilities of transnational corporations (TNCs) with my own “Fair Share” theory of moral responsibility for human rights. I suggest how the debate about the meaning of corporate human rights (...) “complicity” might be informed by the fair share theory. While I point out that Post-Westphalians and moral philosophers may have fundamental disagreements about basic concepts such as legitimacy, justice, and democratic deliberation, I conclude that the Post-Westphalians have made a major contribution to the expansion of the field by presenting business ethicists with an opportunity to inform and guide debates about the potential future course of transnational governance. (shrink)

This chapter contains sections titled: Introduction Cross‐Cultural Perspectives on Human Rights Democratic Participation in the Cultural Context Development as a Process of Self‐Enhancement from Within Conclusion.

Drawing from recent advocacy efforts on the right to education in Kenya, this article argues that linking human rights to local political struggles is a useful way of ensuring their realization. Human rights are legal and moral but their realization is a political project. The form that this project takes will differ from context to context. While paying due regard to the remarkable contribution of international human rights regimes and transnational advocacy of the (...) last fifty years in providing the world with a powerful legal and moral vocabulary of rights, this article suggests that this vocabulary risks losing its edge unless those working in the field of human rights recognize the necessity of local politics. The article examines the activities of the Kenyan human rights movement and its strategic linking of access to basic education with repression of political freedoms. (shrink)

The paper is devoted to the issue of surveillance in capitalism (surveillance capitalism), a phenomenon which has spread in that socio-economic system since the beginning of the 21st century. We attempt to point out the harmfulness of information technologies developing in the wrong direction, carrying the ideas of dataism and post-truth, which increasingly colonize human living space. It turns out that the information (traces) that people leave while operating on the Internet is a source of predicting human behavior (...) in the future (behavioral futures markets). Thus, for the most developed Internet enterprises in the world, they become a motive for violating what seem to be basic political rights, mainly freedom, property and security. As a result, under the influence of the disinformation often present on the Internet, people’s behavior may take the most socially undesirable forms, but desirable in the virtual world. The considerations in the paper are primarily theoretical. The descriptive method was used with elements of the conceptual analysis of surveillance capitalism in the context of dataism and post-truth. (shrink)

Drawing on case studies from around the world - including Iran, Guatemala, USA and Mexico - this collection documents how transnational human rights discourses and legal institutions are materialised, imposed, resisted and transformed in a variety of contexts.

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which (...) it might stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled or reunited across governance levels and maybe even at the same governance level albeit beyond (...) the state. The article does so in three steps. The first prong of the argument is dedicated to presenting the moral-political nature of human rights and their relationship to political equality and, hence, their inherent legal nature from a democratic theory perspective. The second section of the article then draws some implications for the domestic or international levels of legal recognition and specification of human rights by reference to their legitimation within the domestic democratic community. It explains the mutual relationship between human rights and citizens’ rights and where international human rights draw their democratic legitimacy from. In the third and final section, the author discusses potential changes in the nature and legitimacy of international human rights once political structures beyond the state become more democratic, and human rights and democracy are being recoupled again at various levels of governance. The European Union being one of the most advanced examples of post-national political integration, recent developments in the regime of human rights protection within the EU are discussed in this new light. In a final step, the transposition to the global level of the argument developed in the European case is assessed and the author flags issues for further research on what democratic theorists should hope for in the new global order.Keywords: democracy; human rights; legitimacy; citizens’ rights; Maus; right to have rights; Arendt; legal rights; international law; EU; global institutions; Habermas; Lafont. (shrink)

In his recent work exploring the role of science in democratic societies Kitcher claims that scientists ought to have a prominent role in setting the agenda for and limits to research. Against the backdrop of the claim that the proper limits of scientific inquiry is John Stuart Mill’s Harm Principle , he identifies the limits of inquiry as the point where the outcomes of research could cause harm to already vulnerable populations. Nonetheless, Kitcher argues against explicit limitations on unscrupulous research (...) on the grounds that restrictions would exacerbate underlying social problems. I show that Kitcher’s argument in favor of dissuading inquiry through conventional standards is problematic and falls prey to the same critique he offers in opposition to official bans. I expand the conversation of limiting scientific research by recognizing that the actions that count as ‘science’ are located in the space between ‘thinking’ and ‘doing’. In this space, we often attempt to balance freedom of research, as scientific speech, against the disparate impact citizens might experience in light of such research. I end by exploring if such disparate impact justifies limiting research, within the context of the United States, under Title VII of the Civil Rights Act of 1964 or under international human rights standards more generally. (shrink)

This article aims to define natural human rights in the context of forming postmodern views on an individual today. Natural rights exist, regardless of whether they are enshrined somewhere or not: they are clear from the natural context and essence of human activity. The postmodern world is experiencing a crisis of fatigue from life, fatigue of culture, which for the global world has become a political and economic crisis of ineffectiveness of the policy of multi-culturalism and (...) poly-culturalism and the growing dangers and threats associated with it. Therefore, it is crucial to find out how natural human rights are realized in postmodern society. Importantly, the article analyzes the basic theoretical and methodical principles of creating the postmodern environment and its impact on people. It also defines the main concepts and categories of human rights in the context of evolution of postmodern society. To study the socio-cultural impact on personality development in the postmodern era, the article explores how legal culture is formed in the course of civilizational-evolutionary development of society. Research methods are as follows: analytical methods, descriptive and explanatory methods, synthesis and analysis. The obtained results prove that natural human rights manifest the evolution of cultural progress and prospects for further analysis of their socio-cultural effects on the development of postmodern society. (shrink)

The article deals with the impact of the recent jurisprudence of the European Court of Human Rights (ECHR) on the German labour law practice. After a brief introduction of the general importance of the jurisprudence of the ECHR for the German labour law (I.), the authors illustrate the German and the ECHR’s jurisprudence on the duty of loyalty towards the ecclesiastic employer (II.) and whistle blowing (III.). Analysing this jurisprudence, the authors come to the conclusion that the ECHR (...) approved the principles of the German jurisprudence in these cases. Therefore, its impact on the practice will be rather marginal as it does not obtain such a far-reaching significance that a change in the jurisprudence regarding dismissals is to be expected. The judgements merely raised the awareness for the set of problems in the context of ecclesiastic employers and whistle blowing. In this regard, the article will try to provide the reader with basic directions on how to deal with this jurisprudence. Finally, the authors argue that concerns, the ECHR could evolve into a further instance reviewing all German judgements not only regarding the question if there is a violation of the Convention or not but regarding the correctness of the findings are unfounded. On the other side, the article addresses the problem that – apparently – applications have been declared admissible by the ECHR despite Art. 35 para. 1 of the European Convention on Human Rights because the final decision on the national level – dismissing the complaint as inadmissible – did not reveal the reason why the application did not succeed. (shrink)

The success of any cosmopolitan political project depends on the development of forms of transnational solidarity that go beyond particularist commitments of kin, community, or nation. In this paper, I analyze how transnational solidarity can be generated around basic human rights. Rather than presupposing strong conceptions of a common humanity or a pre-existing sentiment of universal benevolence, I propose that the global discourse on human rights itself – an ongoing, dynamic, and dialogical process (...) carried out within global public spheres – be considered a form of or at least as a developing source for transnational solidarity. Together with the politics of human rights promoted by NGOs within global public spheres, this global discourse can contribute to constructing transnational solidarity around human rights. But a human right to basic subsistence, and commitment to fulfilling the correlative duties to the global poor, must be central to the cross-cultural dialogue on human rights for their to be adequate transnational solidarity around a global human rights regime. I frame my central argument through an engagement with Jürgen Habermas's revision of the Kantian cosmopolitan project. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, (...) democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

Hegel’s Philosophy of Right responds to two dichotomies. One is between the freedom of rational thought in its practical application and the givenness of natural impulses and desires. Against Kant Hegel argues that pure reason alone cannot determine the content of any maxim or principle of action. Thus Hegel must find a way in which the content of natural needs and impulses – the only source of content for maxims of action – can be transfigured into contents of rationally self-given (...) principles and maxims. Hegel also responds to the dichotomy between the individual agent and the social whole within which agents act. Hegel argues that this dichotomy is specious because human beings are fundamentally social practitioners and because neither social practices nor individual agents have priority over the other. There are no social practices without social practitioners and there are no social practitioners without social practices. Hegel’s response to this second dichotomy allows him to respond to the first one as well. The elaboration and specialization of natural needs and desires through exchange relations and the social division of labor transfigures the contents of those needs and desires into collectively self-given ends. The social practices producing this transfiguration and meeting these ends form the contents of implicit principles of right. These implicit principles are collectively self-given because they result from the social practices collectively developed to meet these needs. Only acts that are executed and accepted by an agent are free acts. This strong condition requires that an agent’s intentions correspond to the actual nature and consequences of his or her act. Since the aims, the principles, and the means of action are fundamentally social, these strong constraints entail that free action is possible only within a community which makes known its structure and the role of its members within it and their contribution to it, so that its members can act on the basis of that knowledge. Hegel’s theory of the state is a theory of a communal structure that makes such explicit, free action possible. In briefest compass, Hegel holds that laws are legitimate only insofar as they codify those practices that have been developed in order to achieve human freedom, and laws are obligatory only insofar as they are necessary for achieving human freedom. Hegel’s government is designed to codify and promulgate such laws. Hegel’s legislature is designed to make known to the citizens at large, through their corporate representatives, that laws have such a basis and how individual roles and actions fit within the community as a whole. (shrink)

Photo ID 72893750 © Rawpixelimages|Dreamstime.com ABSTRACT Solidarity is a concept increasingly employed in bioethics whose application merits further clarity and explanation. Given how vital cooperation and community-level care are to mitigating communicable disease transmission, we use lessons from the COVID-19 pandemic to reveal how solidarity is a useful descriptive and analytical tool for public health scholars, practitioners, and policymakers. Drawing upon an influential framework of solidarity that highlights how solidarity arises from the ground up, we reveal how structural forces can (...) impact the cultivation of solidarity from the top down, particularly through ensuring robust access to important social determinants of health. Public health institutions can support solidarity movements among individuals and communities by adopting a lens of social justice when considering public health priorities and, in turn, promote health equity. INTRODUCTION Over the past two decades, scholars have invoked the concept of solidarity when assessing a wide range of topics in bioethics, from CRISPR-Cas9 technology to organ donation to structural racism.[1] However, the growing literature on solidarity has not fully examined the roles and responsibilities of institutions and governments in fostering solidarity, especially regarding public health measures that implicate entire populations. We argue that it remains unclear how public health institutions should engage with solidarity and how their engagement will affect public health and its ethics. We first take Prainsack and Buyx’ three-tiered framework as an analytical starting point.[2] We then explore how public health institutions can foster solidarity by carefully considering factors that may bolster it on an interpersonal, community, and national scale. We conclude that public health institutions should adopt a lens of social justice to promote solidarity at the interpersonal and community levels, thereby promoting equity in future public health efforts. BACKGROUND Calls for solidarity in bioethics raise longstanding normative questions about the nature and limits of our duties to one another and how to weigh autonomy over considerations of justice.[3] Though the term is diversely applied, Prainsack and Buyx propose a potentially unifying definition in the 2011 Nuffield Council report, “Solidarity: Reflections On An Emerging Concept in Bioethics.” The report defines solidarity as an activity involving “shared practices reflecting a collective commitment to carry financial, social, emotional, and or other ‘costs’ to assist others.” Their conceptualization also includes important features that distinguish solidarity from other values like empathy or altruism: solidarity emphasizes action rather than mere internal feeling and recognition of connection as motivation.[4] Bioethicists have since applied this conceptualization when analyzing issues in public and global health, given that population-level efforts need cooperation from individuals and communities. Prainsack and Buyx further note that solidarity is relevant in bioethics discourses about justice and equity, in support of providing aid to low- and middle-income countries, and as a value exemplified by European welfare states.[5] Other bioethicists have argued that promoting solidarity can contribute to community engagement, partnership with Tribal communities, and global health equity.[6] Most recently, scholars have applied solidarity as a lens to assess the COVID-19 pandemic, highlighting the pitfalls of national mitigation efforts and global disparities in disease outcomes.[7] I. Solidarity at Three Levels It seems impossible to foster solidarity in public health if we cannot identify it in general contexts. Prainsack and Buyx articulate three levels of solidarity: interpersonal solidarity, group solidarity, and legal or contractual codifications of solidarity.[8] They argue that each level inherently informs the one ‘above’ it in a unilateral direction. In other words, solidarity is fundamentally a bottom-up phenomenon. Solidarity among individuals influences group norms, which then have the potential to shape policy and institutional practice.[9] Within the Prainsack and Buyx framework, it would seem nonsensical to posit how solidarity might be expressed vertically or from the “top down.” It appears intuitively odd to imagine how a government entity might ‘be’ in solidarity with a person or group if solidarity requires some cognition about their condition per Prainsack and Buyx’ definition. Some have argued that solidarity does not seem like something that one can impose, as instances of it arise from agents recognizing and acting upon some bond rather than in response to a command. Indeed, people may be rightfully hesitant to engage in solidarity if the official messaging is overly paternalistic or coercive.[10] However, some authors have countered that governments can express solidarity through enacting structural and policy changes, though it is ambiguous how these actions are distinct from a justice-driven approach.[11] If a bottom-up approach is thus the most practical means of achieving policy that reflects solidarity, then it does not add much to public health. Institutions would be ineffective without the population’s initiation of the corresponding social norms. However, we find this conclusion overly pessimistic. Fostering a culture of solidarity to improve public health has potential merit. Prainsack and Buyx’ framework overlooks how public health actors can influence solidarity between individuals and across communities. To clarify, we agree with the view that solidarity is a bottom-up phenomenon. Solidarity may not be able to originate in a top-down fashion, but we suggest that public health institutions can take a more active role in providing the public with accurate information, promoting social justice, and intervening in the social determinants of health. II. The COVID-19 Pandemic as a Case Study Lessons learned from the ongoing COVID-19 pandemic support our argument. The pandemic deepened socioeconomic disparities in the US and hindered access to vital resources such as food, housing, and healthcare.[12] Prainsack recently noted: “[n]ext to the immediate health effects of the virus, poverty and grave inequalities have been the root causes of human suffering during the pandemic.”[13] Prior to the pandemic, many rural and low-income populations lacked reliable access to the internet and devices like laptops or smartphones. This continued lack of access restricts the flow of information and prevents people from accessing telemedicine services.[14] Preexisting social, political, and health inequities worsened health outcomes among many marginalized racial and ethnic groups. It is well-documented that communities of color, including Black, American Indian or Alaska Native, and Latinx populations, had greater COVID-related mortality and morbidity due to the effects of structural racism.[15] Although federal US agencies such as the Centers for Disease Control and Prevention enacted laws that provided safety nets (e.g., the Federal Eviction Moratorium), the majority of such programs have ended, leaving many with little assistance and the threat of further hardship.[16] These disparities are relevant because Prainsack, Buyx, and others note that solidarity arises from agents recognizing and acting on some perceived attainable collective goal(s). Income inequality and disparate access to food, education, and health care may lead people to consider public health goals unattainable. This could limit the desire to work toward those goals collectively.[17] The existing literature on collective action theory supports this intuition. It emphasizes that structural conditions, such as an absence of perceived hope for social change among a group, can lead to low ‘group efficacy’ and little willingness to cooperate, both within and across socioeconomic strata.[18] The pandemic spurred countless messages from public health agencies. The messaging did not recognize or attend to the different material realities and circumstances of the US population. How can people feel comfortable getting vaccinated if they deeply distrust the government, including public health institutions? How can people remain motivated to wear masks and distance themselves if they cannot afford basic necessities and work jobs without adequate pay and leave policies? We ask these questions to illustrate how socioeconomic disparities can marginalize people if they feel ignored, apathetic, or resentful of those better off or those in power whom they perceive to “not be doing enough.” This marginalization precludes the formation of solidarity. There are instances when a population has disparate access to resources and social capital, but solidarity may still emerge from a shared goal or vision for the future. For example, a heterogeneous population living in the same town may come together to protest an environmental injustice that impacts their water supply with the common goal of securing access to safe drinking water. However, many populations in the US failed to recognize shared goals of this kind during the COVID-19 pandemic. A significant minority of the US population was reluctant to acknowledge the severity of COVID-19 infection and thus refused to participate in efforts to mitigate its spread. Even between groups who shared the goal of slowing COVID-19 transmission, the methods were widely debated. Approximately 20 percent of the adult population eligible for vaccination remains unvaccinated.[19] Governmental bodies responsible for disseminating information, coordinating the allocation of resources, and establishing guidelines have a large role in mediating these disagreements and intervening in socioeconomic conditions that impact people's ability and willingness to engage in solidarity. III. Solidarity, Social Justice, and the Role of Public Health Institutions Adopting a lens of social justice provides further insights into how public health actors impact solidarity. Powers and Faden argue that the “foundational moral justification for the social institution of public health is social justice.”[20] Their theory of social justice has two aims. First, it ensures that everyone has a sufficient amount of the six core elements of well-being and that public health institutions are responsible for “adopting policies and creating environments” where all can flourish.[21] Second, public health institutions should distribute resources meant to promote well-being and focus on the “needs of those who are the most disadvantaged.”[22] Public health institutions should enact policies that address injustice. In doing so, public health institutions can seed the opportunity to build solidarity from the bottom up. Equipping individuals and communities with resources will foster cooperation and adherence to policies that require solidarity, such as masking and vaccination. This is consistent with arguments illustrating how institutions such as Tribal governments promote the conditions needed for their group, and especially its most vulnerable members, to flourish.[23] Addressing social determinants of health with a social justice lens will create the circumstances under which more individuals and groups can find common causes and foster solidarity. In the long run, such efforts may result in the establishment of values and practices from the bottom up. There are societal and public health preconditions required before institutions can expect their audience to act in solidarity with one another. Through their great influence over information and resources, public institutions do have the power to impact what values are most widespread. Furthermore, public health may foster trust and hope, which are important psychosocial factors that influence collective action,[24] if policies increase access to resources that promote well-being. Messaging efficacy also depends on the context of public trust, education, and whether the institutions meet one’s basic needs. Disparate messaging across different public institutions may confuse or disillusion individuals. To apply our theory of solidarity to the decision to vaccinate, a policy would be to foster conditions that facilitate access to vaccines and information about vaccine efficacy instead of imposing a top-down mandate without first eliciting public trust. IV. Counterargument Some argue that discordant public health messaging, ineffective government, and inadequate social programs can also bring people together under pressure and foster solidarity. One may argue that the most powerful motivators towards solidarity are strife and disparity, as evidenced throughout history. During the pandemic alone, political struggle and personal hardship inspired solidarity in the US, from individual neighbors helping each other to mutual aid groups forming across communities. We thus do not claim that solidarity is possible only when our government programs and public health institutions are most effective. We instead point out that solidarity can be further hindered when people feel alienated, hopeless, and pitted against each other. CONCLUSION Many competing conceptualizations of solidarity persist in the bioethics literature, and Prainsack and Buyx offer one compelling framework that public health ethicists continue to draw upon.[25] However, their framework fails to acknowledge how public health institutions impact interpersonal and group solidarity. Public health institutions can foster solidarity through actions other than mere messaging, invoking catchphrases like “we are all in this together.” Efforts to address socioeconomic preconditions and alleviate health disparities can cultivate group solidarity. As we saw during the pandemic, cooperation and solidarity go hand-in-hand with disease mitigation efforts; solidarity has clear intrinsic value.[26] As this relationship becomes more apparent, we will continue to see attempts from public health institutions to foster or invoke solidarity. Therefore, public health institutions would be remiss to ignore their role in addressing the social determinants of health. Adopting a social justice lens when planning public health interventions will clarify and strengthen their role in facilitating solidarity. Ultimately, if health disparities continue to persist or widen, it is very hard to imagine how group solidarity can ever be achieved. The widescale adoption of many public health measures needed to promote health and well-being would be conducive to solidarity. - Disclaimer: The opinions expressed are the authors’ and do not represent the views of the NIH, DHHS, or the U.S. government. Funding Disclosure: This work was supported in part by the Intramural Program of the National Institutes of Health Clinical Center. - [1] John J Mulvihill et al., “Ethical Issues of CRISPR Technology and Gene Editing through the Lens of Solidarity,” British Medical Bulletin 122 (2017): 17–29, https://doi.org/10.1093/bmb/ldx002; Ben Saunders, “Altruism or Solidarity? The Motives for Organ Donation and Two Proposals,” Bioethics 26, no. 7 (September 2012): 376–81, https://doi.org/10.1111/j.1467-8519.2012.01989.x; -Vanessa Y Hiratsuka, “SPECIAL REPORT: A Critical Moment in Bioethics: Reckoning with Anti-Black Racism through Intergenerational Dialogue A Call for Solidarity in Bioethics: Confronting Anti-Black Racism Together,” 2022, https://doi.org/10.1002/hast.1380. [2] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [3] Bob Simpson, “A ‘We’ Problem for Bioethics and the Social Sciences: A Response to Barbara Prainsack,” Science, Technology, & Human Values 43, no. 1 (January 12, 2018): 45–55, https://doi.org/10.1177/0162243917735899. [4] Barbara Prainsack and Alena Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics (London: Nuffield Council on Bioethics, 2011). [5] Barbara Prainsack and Alena Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach,” Bioethics 26, no. 7 (September 2012): 343–50, https://doi.org/10.1111/J.1467-8519.2012.01987.X. [6] Bridget Pratt, Phaik Yeong Cheah, and Vicki Marsh, “Solidarity and Community Engagement in Global Health Research,” The American Journal of Bioethics : AJOB 20, no. 5 (May 3, 2020): 43–56, https://doi.org/10.1080/15265161.2020.1745930; Sara Chandros Hull, F. Leah Nez (Diné), and Juliana M. Blome, “Solidarity as an Aspirational Basis for Partnership with Tribal Communities,” The American Journal of Bioethics 21, no. 10 (October 3, 2021): 14–17, https://doi.org/10.1080/15265161.2021.1965258; Mbih J. Tosam et al., “Global Health Inequalities and the Need for Solidarity: A View from the Global South,” Developing World Bioethics 18, no. 3 (September 1, 2018): 241–49, https://doi.org/10.1111/DEWB.12182. [7] Peter West-Oram, “Solidarity Is for Other People: Identifying Derelictions of Solidarity in Responses to COVID-19,” Journal of Medical Ethics 47, no. 2 (February 1, 2021): 65–68, https://doi.org/10.1136/MEDETHICS-2020-106522; Barbara Prainsack, “Solidarity in Times of Pandemics,” Democratic Theory 7, no. 2 (December 1, 2020): 124–33, https://doi.org/10.3167/DT.2020.070215; F. Marijn Stok et al., “Social Inequality and Solidarity in Times of COVID-19,” International Journal of Environmental Research and Public Health 18, no. 12 (June 2, 2021), https://doi.org/10.3390/IJERPH18126339; Ming Jui Yeh, “Solidarity in Pandemics, Mandatory Vaccination, and Public Health Ethics,” American Journal of Public Health 112, no. 2 (February 1, 2022): 255–61, https://doi.org/10.2105/AJPH.2021.306578; Barbara Prainsack, “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.,” Am J Public Health 112, no. 2 (February 1, 2022): 232–33, https://doi.org/10.2105/AJPH.2021.306619. [8] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [9] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [10] Yeh, “Solidarity in Pandemics, Mandatory Vaccination, and Public Health Ethics”; Prainsack, “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.” [11] Ho, Anita, and Iulia Dascalu. "Relational solidarity and COVID-19: an ethical approach to disrupt the global health disparity pathway." Global Bioethics 32, no. 1 (2021): 34-50; West-Oram, Peter. "Solidarity is for other people: identifying derelictions of solidarity in responses to COVID-19." Journal of Medical Ethics 47, no. 2 (2021): 65-68. [12] Monica Webb Hooper, Anna María Nápoles, and Eliseo J. Pérez-Stable, “COVID-19 and Racial/Ethnic Disparities,” JAMA 323, no. 24 (June 23, 2020): 2466, https://doi.org/10.1001/jama.2020.8598. [13] Prainsack, Barbara. “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.” Am J Public Health 112, no. 2 (February 1, 2022): 232–33. https://doi.org/10.2105/AJPH.2021.306619. [14] Camille A Clare, “Telehealth and the Digital Divide as a Social Determinant of Health during the COVID-19 Pandemic,” Network Modeling Analysis in Health Informatics and Bioinformatics 10 (2021): 26, https://doi.org/10.1007/s13721-021-00300-y. [15] Patrick Nana-Sinkam et al., “Health Disparities and Equity in the Era of COVID-19,” Journal of Clinical and Translational Science 5, no. 1 (March 16, 2021): e99, https://doi.org/10.1017/cts.2021.23. [16] Kathryn M Leifheit et al., “Expiring Eviction Moratoriums and COVID-19 Incidence and Mortality,” American Journal of Epidemiology 190, no. 12 (December 1, 2021): 2503–10, https://doi.org/10.1093/aje/kwab196. [17] Barbara Prainsack, “Solidarity in Times of Pandemics,” Democratic Theory 7, no. 2 (December 1, 2020): 124–33, https://doi.org/10.3167/DT.2020.070215 [18] Maximilian Agostini and Martijn van Zomeren, “Toward a Comprehensive and Potentially Cross-Cultural Model of Why People Engage in Collective Action: A Quantitative Research Synthesis of Four Motivations and Structural Constraints.,” Psychological Bulletin 147, no. 7 (July 2021): 667–700, https://doi.org/10.1037/bul0000256. [19] Department of Health and Human Services (HHS) Centers for Disease Control and Prevention (HHS/CDC), “COVID Data Tracker,” 2023, https://covid.cdc.gov/covid-data-tracker. [20] Powers, Madison, and Ruth Faden. Social Justice: The Moral Foundation of Public Health and Health Policy. 1st editio. New York: Oxford Press, 2006, p. 9 and Chapter 4 [21] Powers and Faden, Social Justice: The Moral Foundation of Public Health and Health Policy; Madison Powers and Ruth Faden, Structural Injustice: Power, Advantage, and Human Rights (New York: Oxford University Press, 2019). [22] Powers, Madison, and Ruth Faden. Social Justice: The Moral Foundation of Public Health and Health Policy. 1st editio. New York: Oxford Press, 2006, p. 10 [23] Bobby Saunkeah et al., “Extending Research Protections to Tribal Communities,” The American Journal of Bioethics 21, no. 10 (October 3, 2021): 5–12, https://doi.org/10.1080/15265161.2020.1865477. [24] Agostini and van Zomeren, “Toward a Comprehensive and Potentially Cross-Cultural Model of Why People Engage in Collective Action: A Quantitative Research Synthesis of Four Motivations and Structural Constraints.” [25] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics. [26] Ruth Chadwick, “COVID‐19 and the Possibility of Solidarity,” Bioethics 34, no. 7 (September 8, 2020): 637–637, https://doi.org/10.1111/bioe.12813. (shrink)

Critics of state sovereignty have typically challenged the state’s right to close its borders to foreigners by appeal to the liberal egalitarian discourse of human rights. According to the liberty argument, freedom of movement is a basic human right; according to the equality or justice argument, open borders are necessary to reduce global poverty and inequality, both matters of global justice. I argue that human rights considerations do indeed mandate borders considerably more open than (...) is the norm today but that, no matter how radical in its critique of state sovereignty, human rights discourse fails to address a crucial feature of this ideology. It is not enough to engage in a substantive moral argument about what the state’s moral duties are. One must also address the procedural political question of who has the legitimate authority to decide what rights and duties to act on in cases of disagreement. In addition to human rights discourse, I argue, border activists must also draw on the challenge posed to the doctrine of state sovereignty by the democratic theory of popular sovereignty. According to democratic theory, the people subject to the state’s coercive exercise of political power, and not the state itself, is ultimately the sovereign arbiter of political questions. And because foreigners are subject to the state’s border laws, democratic theory requires granting them a participatory say in setting those laws. (shrink)

The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization (...) of the urban, educated middle-class professionals. However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security. (shrink)

In today’s European society one can observe different forms of religious fundamentalism, especially when defending various values relating to questions of the meaning of life or when confronted with multi-religious and multicultural situations. An ethical approach attempts to avoid such extremes, given that genuine human behavior is based on moral virtues, the Aristotelian “Golden mean”. At a time when some voices in left-leaning circles are trying to enshrine in the Charter of Human Rights the right of women (...) to terminate their pregnancies, by vehemently advocating their cause in the European Parliament and in the UN Assembly, and to redefine the traditional meaning of “family,” one might want to refer to the understanding of human rights of the Catholic Social Doctrine and other long-received ethical theories. On the other hand, many in the Pro-life movement also exhibit a fundamentalist approach to society, for example when legal bioethical approaches justify murder. In the contemporary setting it is necessary to clarify the relationship firstly between human rights and human dignity from the religious point of view and subsequently between human rights and the rights of a person, understood as a being who is self-aware. The current paper tries to clarify the position of the Roman Catholic Church on the issues of human dignity and human rights with the hope that this understanding will have a positive impact on the development of a just society as a means of preventing the spread of religious fundamentalism. (shrink)

Purpose This paper is concerned with the place of human rights in the process of technological development but specifically as this process is situated within the corporate-technological complex of modern digital communications and their derivatives. This paper aims to argue that expecting and institutionalizing the incorporation of human rights in the process of technological innovation and production, particularly in the context of global economic actors, constitutes a necessary act if we want to navigate the immediate future (...) of artificial intelligence and ubiquitous connectivity in ways that protect democracy and human dignity. Design/methodology/approach The discussion presents the case for defending human rights through a social control perspective, which assumes the conscious quest for impacting change and cartographing a path of actions and intentions. The authors approach the problem from James Ralph Beniger’s theory of the Control Revolution to explain the emergence of a new social order and to outline the main challenges brought particularly by media and information and communication technology corporations as global actors of power. Findings Ethics initiatives, considering human rights as an ethical framework for media and ICT businesses, can be based on social control perspectives to regard the more complex variables interacting in the formation of effective policy making. It is the right to participate in the construction of knowledge in society and, informed by this knowledge, help manage or control democratic issues, including influencing on the regulation of technology and other cultural formats of control. Knowing social control tools enable citizens to lead their destinies, plan their freedom and the change what they wish in the societies they live in. Originality/value Social control is often understood as a term taken for granted and many times faced as representing malignant and anti-democratic forms. Here, the authors try to build a theoretical ground where both sides – the benign and the malignant – can be taken in consideration to bring awareness to the need to discuss social control as a democratic endeavor, and consider human rights as part of this and not something apart and idealized. The practice of human rights is directly associated with social control forms and is from within these practices individuals must understand its role on social control and act. (shrink)

The aim of the contribution is to outline the ethical foundations in Maritain’s and Novak’s interpretation of human rights in a wider historical context and to assess its meaning for the present, with special regard to our Central European area. The issue of human rights has, in addition to its political aspect, an inherent ethical one. Fundamental human rights relate to the possibility of autonomy of a person as a moral being endowed with reason (...) and striving for a meaningful life. Therefore, these rights have a fundamental role in practical life; however, they have also become an issue of speculative philosophy and theology, where the focus is upon concepts of freedom and reason. Jacques Maritain and Michael Novak were important figures in the advancement of human rights at the international level, with exceptional impacts especially in Central Europe. Both have their roots in Christian humanism, and for both their concept of human relations is derived from Biblical religion and love for one’s neighbour. Novak accepts Maritain’s concepts of a person and human dignity, and he tries to explain his own concept of democratic capitalism in accordance with it. (shrink)

Within liberal democratic theory, ‘democratic accountability’ denotes an aggregative method for linking political decisions to citizens’ preferences through representative institutions. Could such a notion be transferred to the global context of human rights? Various obstacles seem to block such a transfer: there are no ‘world citizens’ as such; many people in need of human rights are not citizens of constitutional democratic states; and the aggregative methods that are supposed to sustain the link are often used in (...) favour of nation-state strategic action rather than human rights. So what could accountability mean in relation to human rights? This article argues that discourse theory offers resources for approaching these problems and for rethinking a normative notion of accountability in relation to human rights. It is suggested that accountability should link political decisions to universal agreements through global rights institutions and that the link should be sustained by deliberative rather than aggregative procedures. (shrink)

The literature on transnational civil society encompasses a number of conflicting views regarding civil society organizations’ (CSOs) behavior and impacts and the desirability of civil society involvement in international policymaking. This piece suggests that this lack of consensus arises from the diverse range of contexts in which CSOs operate and the wide variety of activities in which it engages. This article seeks to organize and analyze the disparate data on civil society by developing a context-based standard of democratic (...) legitimacy for CSOs. The article disaggregates democracy into input, throughput, and output components, and shows how CSOs must support or manifest different aspects of democracy in order to be democratically legitimate in a given context. Applying this standard to existing works, the article identifies several problems in current research, including a failure to recognize ways the democratic imperatives of transnational advocacy differ from national advocacy, and the potential for international civil society interventions to undermine local democratic processes. Keywords: transnational civil society; democracy; global governance; NGOs; international policymaking (Published: 1 September 2010) Citation: Ethics & Global Politics, Vol. 3, No. 3, 2010, pp. 217-238. DOI: 10.3402/egp.v3i3.4882. (shrink)

Human rights are a suspect project – this seems the only sensible starting point today. This suspicion, however, is not absolute and the desire to preserve and reform human rights persists for many of us. The most important contemporary critiques of human rights focus on the problematic consequences of the desire for universal rights. Some defenders of human rights accept elements of this critique in their reformulations, but opponents remain wary of (...) the desire to think and act in human rights terms because of their limitations as a political ethics. Yet, we hesitate to abandon human rights. In this article, I look at the political critique of human rights in greater detail. I argue that an agonistic account drawing on the work of William Connolly and Bonnie Honig offers the best response to the most important contemporary critiques of human rights, and a clearer account of what it means to claim that human rights do valuable work. The key developments of this agonistic view of human rights are its focus on the ambiguity of ‘humanity’ as a political identity and the challenge to legitimate authority and membership that new rights claims make. In the end, human rights are defended as a universal political ethos focused on the pluralization and democratization of global politics. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since (...) class='Hi'>rights are relational, they are preconditioned on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since (...) class='Hi'>rights are relational, they are preconditioned on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

Social scientists who conduct qualitative research frequently use emotional engagement to gather information about participants’ thoughts, feelings, and behaviours in relation to a particularly research question. When the subject under investigation is related to trauma, listening to, or being exposed to personal accounts of participants’ traumatic experiences can carry a significant emotional cost for researchers. This may place them at risk of secondary trauma. In this article, I examine these issues from the context of my doctoral field research in South (...) Africa, which focused on intergenerational trauma amongst descendants of victims of apartheid-era gross human rights violations. I reflect on my positionality as both an insider and outsider and feelings of guilt that emanated from my sense of being privileged and an imposter. I also reflect on the emotional turmoil brought about by my engagement with the trauma of participants and their families. I conclude by sharing the lessons I have learnt, and that have enabled me to sustain my scholarly engagement with intergenerational trauma. Ultimately, this article gives insight into, and raises awareness about, the emotional consequences of conducting trauma research. It offers practical suggestions to help researchers navigate the emotional minefield involved in conducting trauma research. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially (...) important principles of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

Background: Food is an important part of nursing care and recognized as a basic need and a human right. Nutritional care for older adults in institutions represents a particularly important area to address in nursing education and practice, as the right to food can be at risk and health personnel experience ethical challenges related to food and nutrition. Objective: The present study investigates the development of coursework on nutritional care with a human rights perspective in a (...) nursing programme for first-year nursing students and draws upon reflections and lessons learned. Research design: The study utilized educational design research. The coursework, developed through two rounds, combined on-campus learning and clinical placement in nursing homes. Nursing studentsʼ perspectives and experiences gathered through focus groups and a written assignment informed the development and evaluation of the coursework. Participants and research context: In the first round, multistage focus group interviews were conducted with 18 nursing students before, during and after placement. In the second round, four focus group interviews with 26 nursing students were conducted shortly after placement. Ethical consideration: The study was approved by the Norwegian Centre for Research Data. Findings: Three main ʽlessons learnedʼ emerged regarding introducing a human rights perspective in nursing education: 1) the contribution of the human rights perspective in changing the narrative of ʽvulnerable and malnourished patientsʼ, 2) the importance of relationships and experiences for learning about human rights and 3) the benefit of combining development of ethical competence with a human rights perspective. Conclusion: A human rights perspective enabled the students to give meaning to nutritional care beyond understanding of food as a basic physical need. Incorporating human rights in nursing education can support nursing students and nurses in recognizing and addressing ethical and structural challenges and being able to fulfil the right to food for patients. (shrink)

Abstract Today’s scholarship and policymaking on business and human rights (BHR) urges businesses to better understand their human rights responsibilities and remedy them, when and if abuses do occur. Despite the public discourse about businesses and human rights, the state—as the main duty bearer in international human rights law—plays a fundamental role as the protector and enforcer of human rights obligations. Yet, the existing literature overlooks state involvement as perpetrators of (...) abuse in the corporate context. We develop the term _economic complicity_ to shed light on the state’s role in directly or indirectly abusing human rights within a corporation’s sphere of influence, such as police violence toward nonviolent protesters or granting environmental licenses without adhering to legally required community consultations. We ask: What contributes to the state’s engagement in economic complicity in corporate human rights abuses? We assess hypotheses emergent from the democratic change and development studies literatures with a unique database that includes economic complicity data from Latin America, the Corporations and Human Rights Database (CHRD). This research has important theoretical implications for the business ethics and BHR literatures, as understanding economic complicity highlights the need for business actors to avoid shirking their moral responsibilities to not only ‘do no harm’ but also to protect human rights when they are threatened by the state. (shrink)

Increasing attention is being paid to the potential of anti-retroviral treatment for HIV prevention. The possibility of eliminating HIV from a population through a universal test and treat intervention, where all people within a population are tested for HIV and all positive people immediately initiated on ART, as part of a wider prevention intervention, was first proposed in 2009. Several clinical trials testing this idea are now in inception phase. An intervention which relies on universally testing the entire population for (...) HIV will pose challenges to human rights, including obtaining genuine consent to testing and treatment. It also requires a context in which people can live free from fear of stigma, discrimination and violence, and can access services they require. These challenges are distinct from the field of medical ethics which has traditionally governed clinical trials and focuses primarily on patient researcher relationship. This paper sets out the potential impact of a population wide treatment as prevention intervention on human rights. It identifies five human right principles of particular relevance: participation, accountability, the right to health, non-discrimination and equality, and consent and confidentiality. The paper proposes that explicit attention to human rights can strengthen a treatment as prevention intervention, contribute to mediating likely health systems challenges and offer insights on how to reach all sections of the population. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Grounding Human Rights in a Pluralist World by Grace Y. Kao, and: Christianity and Human Rights: An Introduction ed. by John Witte, Frank S. AlexanderZachary R. CaloGrounding Human Rights in a Pluralist World Grace Y. Kao Washington, DC: Georgetown University Press, 2011. 239pp. $28.45Christianity and Human Rights: An Introduction Edited By John Witte and Frank S. Alexander New York: Cambridge (...) University Press, 2010. 390pp. $29.38Grace Kao’s Grounding Human Rights in a Pluralistic World and Christianity and Human Rights, edited by John Witte and Frank Alexander, both contribute to the growing and sophisticated literature addressing the relationship between religious traditions and human rights. Kao’s book opens by asking whether “the very idea of human rights [must] be premised upon a religious or metaphysical idea in order to be conceptually intelligible, sufficiently protected, or practically stable over time” (4). Kao proposes that this question has generally been answered in one of two ways: a “maximalist” response that identifies religion as a necessary foundation for human rights, and a “minimalist” response that rejects this turn to religion. A significant portion of the book is devoted to assessing representatives of these two approaches. Chapter 2 includes a discussion of maximalist thinkers Michael Perry, Max Stackhouse, Hans Küng, and Nicholas Wolterstorff. Chapters 3 through 5 consider different forms of minimalism, including that found in the work of John Rawls and Martha Nussbaum.Kao’s organization of the debate into maximalism and minimalism imposes a useful typology over a diverse range of thought while also establishing interesting points of contact and contestation among various thinkers. At the same time, because the analysis occurs at a rather high level of abstraction, it will be most useful to those already familiar with the texts and thinkers discussed. This is not a text for those seeking a summary introduction. Those less familiar will still profit from the book, but perhaps more from the opening and closing chapters than those discussed here. [End Page 187]Following the discussion of maximalism and minimalism, the final chapter of Kao’s book presents a model for moving beyond the “extremes” of these two dominant approaches (8). At its most basic, human rights, Kao argues, must be grounded in a nonreligious moral realism. This “straddling” of the “minimalist-maximalist divide” is, in certain respects, a creative and bold proposal for reshaping debate about religion and human rights. It defends the universality of human rights as being necessarily grounded in objective values but does not narrowly locate these values in religious sources. Yet, while offering some intriguing insights, the themes of this final chapter never quite come together to form a comprehensive theory. Kao’s proposal is more a selective appropriation of insights from others than a totalizing alternative.Because Kao does not fully develop her model, it is difficult to assess the particular rights claims that follow from its premises. This is evident, for instance, in Kao’s discussion of the so-called marginal cases, where it remains unclear what specific principles and methods have been employed to develop normative positions (160–61). This disconnect between theory and application limits the book’s ability to have an impact on core disputes within human rights. The most significant fault lines within the contemporary human rights debate involve the content and expanse of human rights more than their theoretical grounding, and human rights language often serves as a way to legitimize preferred political goods. Kao not only needs to defend her approach to grounding human rights but also to establish how this particular grounding informs the norms of human rights.Witte and Alexander’s edited volume, Christianity and Human Rights, addresses the relationship between religion and human rights from a quite different perspective. Whereas Kao critically assesses religion’s role as a foundation for human rights, the essays in Witte and Alexander’s book largely explore the meaning of human rights from within a Christian framework. The book does not entirely bypass questions about the warranting role of religion as such, but its concern is not to justify the role of Christianity within human rights but to develop “the budding new human rights hermeneutic of... (shrink)

The present paper argues that as basic schools become more pluralistic, it is important to (re)discuss the value base on which education should be built. Many see human rights as a universal principle of Western democratic societies and thus a universal value base of education. However, human rights seem to be insufficient – first, because many question their universality, and second, because they are understood mainly as legal rather than ethical principles. The concept that is (...) known to ethically support human rights is the global ethic. And from one of the main pillars of the global ethic we derive the universal value base of education – the responsibility for the other, understood as care for the other, being for the other, treating and approaching the other with respect. To this end, teachers should encourage social interactions, based on active listening and exotopy. (shrink)

The adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the “separation principle” of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that (...) connects processes in home and host state countries. This paper contributes to such a new research agenda by linking political ecology literature and empirical insights from the Global South to research on due diligence regulations. With reference to field research data on contestations between the oil and gas company Total E&P and indigenous communities in Bolivia, I argue that the burden of proof and contestations over valid knowledge represent major obstacles when trying to establish legal liability. (shrink)

The present article deals with issues of social recognition in the global and transnational environment. It deals with the issue of solidarity, a form of recognition that has no adequate parallel beyond nation state borders and manifests itself mainly in the transnational economy. We focus on the articulation of the extraterritorial recognition of social rights-holders at the international and transnational levels of justice. It is clear that conditions in developing countries do not allow the people there (...) to express disapproval in ways that are typical for Western societies. We stress that states should strengthen their influence in global and transnational organizations and equally that the media should improve its informative role and should provide information on what is happening in developing parts of the world. (shrink)

In the age of Big Data, companies and governments are increasingly using algorithms to inform hiring decisions, employee management, policing, credit scoring, insurance pricing, and many more aspects of our lives. Artificial intelligence systems can help us make evidence-driven, efficient decisions, but can also confront us with unjustified, discriminatory decisions wrongly assumed to be accurate because they are made automatically and quantitatively. It is becoming evident that these technological developments are consequential to people’s fundamental human rights. Despite increasing (...) attention to these urgent challenges in recent years, technical solutions to these complex socio-ethical problems are often developed without empirical study of societal context and the critical input of societal stakeholders who are impacted by the technology. On the other hand, calls for more ethically and socially aware AI often fail to provide answers for how to proceed beyond stressing the importance of transparency, explainability, and fairness. Bridging these socio-technical gaps and the deep divide between abstract value language and design requirements is essential to facilitate nuanced, context-dependent design choices that will support moral and social values. In this paper, we bridge this divide through the framework of Design for Values, drawing on methodologies of Value Sensitive Design and Participatory Design to present a roadmap for proactively engaging societal stakeholders to translate fundamental human rights into context-dependent design requirements through a structured, inclusive, and transparent process. (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 (...) 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)

The aim of this article is to investigate the problem how and to what extent human rights affect the relationships between private parties and what consequences this effect has for the development of private law in Lithuania and other European countries. Because Lithuanian legal doctrine lacks relevant research on this subject-matter, the author seeks to start and invoke the beginning of conceptual academic discourse on the matter. It is argued that despite the fact that in many countries the (...) impact (whether direct or indirect) of human rights on private law has recently become a powerful means of developing the law, the application of human rights in private law has not only its positive side but it also invokes very serious problems to be solved and raises conceptual questions that should be answered. Thus, in order to ensure stable, reliable and respectable development of influence of human rights on private law as a beneficial tool to protect human rights in certain cases, there is a need for continuous, complex and multi-level academic conceptual comparative studies of the issue in order to answer how to reconcile the constitutionalisation of private law with the principles of legal certainty and proportionality and what are the criteria for the limits of the effect of human rights on private law in order to ensure a fair balance, protect stability and predictability in law. (shrink)

One of the most visible symbols of the debate over human rights and national security in the context of the U.S. "War on Terrorism" has been the detainment of Taliban and Al Qaeda fighters at the U.S. naval base in Guantanamo Bay, Cuba, following the U.S. war in Afghanistan. The controversy concerning the fate of the nearly 600 prisoners demonstrates the emergence of new modes of democratic deliberation over how to strike the balance between rights and security. (...) These new modes of deliberation involve nongovernmental organizations and individuals who function as norm entrepreneurs, by mobilizing public opinion through transnational networks of opinion-makers and policymakers. Transnational networks of norm entrepreneurs have emerged where traditional avenues for foreign policymaking in the U.S. have failed to create a space for meaningful consideration of human rights in the rights/security balance. These traditional avenues are envisioned in the Constitution, which gives the President authority regarding foreign affairs, bounded by checks provided to Congress and the courts. While the goal of the constitutional process is to bring these institutional players into a dialogue, Congress and the judiciary have failed to engage the President in a conversation regarding the balance between human rights and national security. In the absence of initiatives by the government, nongovernmental actors have used communication structures within transnational networks to promote what this Article calls a dialogic approach to enforcement of human rights law. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Human rights play an integral role in the global governance of health. Recently, both structural and normative aspects of human rights have proliferated across multiple levels and within multiple contexts around the world. Human rights proliferation is likely to have a positive impact on the governance of health because it can expand the avenues through which a human rights framework or human rights norms may be used to address and (...) improve health. (shrink)