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)

"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.

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate (...) a multiplicity of cultural perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (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)

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)

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)

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

This book is open access under a CC BY-NC 2.5 license. This book offers a devastating look at deeply flawed development processes driven by international finance, African governments and the global consulting industry. It examines major river basin development underway in the semi-arid borderlands of Ethiopia, Kenya and South Sudan and its disastrous human rights consequences for a half-million indigenous people. The volume traces the historical origins of Gibe III megadam construction along the Omo River in Ethiopia-in turn, (...) enabling irrigation for commercial-scale agricultural development and causing radical reduction of downstream Omo and (Kenya's) Lake Turkana waters. Presenting case studies of indigenous Dasanech and northernmost Turkana livelihood systems and Gibe III linked impacts on them, the author predicts agropastoral and fishing economic collapse, region-wide hunger with exposure to disease epidemics, irreversible natural resource destruction and cross-border interethnic armed conflict spilling into South Sudan. The book identifies fundamental failings of government and development bank impact assessments, including their distortion or omission of mandated transboundary assessment, cumulative effects of the Gibe III dam and its linked Ethiopia-Kenya energy transmission 'highway' project, key hydrologic and human ecological characteristics, major earthquake threat in the dam region and widespread expropriation and political repression. Violations of internationally recognized human rights, especially by the Ethiopian government but also the Kenyan government, are extensive and on the increase-with collaboration by the development banks, in breach of their own internal operational procedures. A policy crossroads has now emerged. The author presents the alternative to the present looming catastrophe-consideration of development suspension in order to undertake genuinely independent transboundary assessment and a plan for continued development action within a human rights framework-forging a sustainable future for the indigenous peoples now directly threatened and for their respective eastern Africa states. Claudia Carr's book is a treasure of detailed information gathered over many years concerning river basin development of the Omo River in Ethiopia and its impact on the peoples of the lower Omo Basin and the Lake Turkana region in Kenya. It contains numerous maps, charts, and photographs not previously available to the public. The book is highly critical of the environmental and human rights implications of the Omo River hydropower projects on both the local ethnic communities in Ethiopia and on the downstream Turkana in Kenya. David Shinn Former Ambassador to Ethiopia and to Burkina Faso Adjust Professor of International Affairs, The George Washington University, Washington D.C. (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)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of (...) multiple authorities, increasing ambiguity of borders and jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

This study highlights various totalitarian and undemocratic practices in which Bangladesh’s current Awami League-led coalition regime engages. It shows that since its inception in early 2009, the regime has tried to mobilize and manipulate public support from within through—among other means—creating the discourse of “war crimes” and to obtain international support through the discourse of “Islamism” and terrorism. Although “a secular plan” to combat and replace “Islamism” may soothe the nerves of many in the international community, its deployment in Bangladesh (...) has paradoxically produced a dangerous culture of disappearances and extrajudicial killings, infringements on freedom of speech and the stifling of dissenting voices, and the interception of opposition programs and the torture of opposition leaders and activists. The regime has also made a mockery of the law and the country’s judicial system. Many commentators believe that the country’s law courts are now simply an extension of the regime’s political clout. In these circumstances, political repression continues unabated, and victims of persecution are left with inadequate legal recourse. In the name of combating “Islamic terrorism,” Bangladesh’s ruling regime has resorted to a reign of terror that is in many respects tantamount to what we know as fascism. (shrink)

That the Enlightenment shaped modernity is uncontested. Yet remarkably few historians or philosophers have attempted to trace the process of ideas from the political and social turmoil of the late eighteenth century to the present day. This is precisely what Jonathan Israel now does. In Democratic Enlightenment , Israel demonstrates that the Enlightenment was an essentially revolutionary process, driven by philosophical debate. The American Revolution and its concerns certainly acted as a major factor in the intellectual ferment that shaped (...) the wider upheaval that followed, but the radical philosophes were no less critical than enthusiastic about the American model. From 1789, the General Revolution's impetus came from a small group of philosophe-revolutionnaires , men such as Mirabeau, Sieyes, Condorcet, Volney, Roederer, and Brissot. Not aligned to any of the social groups represented in the French National assembly, they nonetheless forged " la philosophie moderne "--in effect Radical Enlightenment ideas--into a world-transforming ideology that had a lasting impact in Latin America, Canada and eastern Europe as well as France, Italy, Germany, and the Low Countries. In addition, Israel argues that while all French revolutionary journals powerfully affirmed that la philosophie moderne was the main cause of the French Revolution, the main stream of historical thought has failed to grasp what this implies. Israel sets the record straight, demonstrating the true nature of the engine that drove the Revolution, and the intimate links between the radical wing of the Enlightenment and the anti-Robespierriste "Revolution of reason." Acclaim for earlier volumes in the trilogy: "His vast--and vastly impressive--book sets out to redefine the intellectual landscape of early modern Europe. Magnificent and magisterialwill undoubtedly be one of the truly great historical works of the decade." -- Sunday Telegraph "The scholarship is breathtaking. Israel has read everything, absorbed every nuance, followed up every byway." -- New Statesman "An enormously impressive piece of scholarship. The breadth and depth of the author's reading are breathtaking and Enlightenment Contested is set to become the definitive work for philosophers as well as historians on this extraordinary period." -- Tribune. (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)

Abstract: Would a global commitment to international human rights norms provide enough of a sense of community to sustain a legitimate and sufficiently democratic global order? Sceptics worry that human rights cannot help maintain the mutual trust among citizens required for a legitimate political order, since such rights are now too broadly shared. Thus prominent contributors to democratic theory insist that the members of the citizenry must share some features unique to them, to the (...) exclusion of others—be it a European identity ( Habermas and Derrida 2003 ) or a national public culture generally shared only by the members ( Miller 1995, 2000 ). This essay considers and rejects these arguments. While stable, democratic redistributive arrangements do require trust and institutionalised means of trustworthiness; they need not rely on norms or values that distinguish members from non-members: such exclusion is not required. Thus human rights may be part of a common political identity. (shrink)

The human rights that are enshrined in most western democracies are based on enlightenment ideals of freedom, equality, and justice. Although these core principles are inspirational, their application has not necessarily been equitable or complete enough to provide for the stability, safety, health, and security of all citizens. A more modern understanding of human rights encompasses that which is needed to establish human flourishing, including guaranteed access to water, particularly the clean water provided by adequate (...) sanitation. Without confidence in broad safety and health, and established norms for individual protections, it is difficult for a society to be stable and flourish. Although this argument begins with political philosophy, it ends with a case study in Alabama, one of the poorest states in the United States. This study evaluates the dysfunction caused to local communities and greater society when governmental organizations fail to provide sanitation and guarantee public health for their communities. (shrink)

Democracy and human rights have long been strongly connected in international covenants. In documents such as 1948 United Nations Universal Declaration of Human Rights and the 1966 International Covenant of Civil and Political Rights, democracy is justified both intrinsically in terms of popular sovereignty and instrumentally as the best way to “foster the full realization of all human rights.” Yet, even though they are human and thus universal rights, (...) political rights are often surprisingly specific. In the Covenant, for example, “the right to take part in the conduct of public affairs” is equated with “the right to vote and to be elected.” More often then not, their realization is left to states and their constitutions, as for example in the European Convention for the Protection of Human Rights. Political rights have a “peculiar” status among enumerated human rights, and this difficulty has to do with deep assumptions about the nature and scope of democracy and political community that remain unexamined by the drafters of these important declarations. (shrink)

The traditional international law of self-defense provides little indication about how far states should be willing to defend. That choice is better understood as constrained, beyond the jus in bello and the jus ad bellum, by human rights norms that implicate responsibilities of the sovereign vis-à-vis its own population. Different conceptions of human rights, however, underscore different possible theories of the extent of self-defense. The main polarity is between a conception of self-defense as protecting bare life (...) and a conception of self-defense as protecting collective self-determination. In the practice of justifying particular uses of self-defense, these foundations are constantly and dynamically rearticulated to justify fighting on, surrendering, or negotiating. This raises questions about the impact of conditions of uncertainty, different conceptions of agency, and the role of the international community. Ultimately, the article suggests that self-defense radicalizes anxieties about the foundation and finality of rights. (shrink)

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

This volume reflects on questions of human rights in the context of globalization. The essays responding to this subject are rich and varied: they focus on legal acceptance as well as consequences of human rights with regard to social rights and the necessary protection of the environment connected or close to those rights. Another approach to the subject featured in the volume is the legal recognition and the consideration of human rights as (...) moral rights. With concepts on universality, a new cosmopolitism, cultural pluralism and perspectives on religious variants and technological advances the debate on human rights is concluded. Index / Indice I. The Foundation of Rights / El fundamento de los derechos: J. Rubio Carracedo: El legalismo occidental: un problema para la universalizacion de los derechos humanos J. A. Seoane: El caracter juridico de las leyes injustas M. Borowski: Classifying and qualifying properties of fundamental rights J. von Platz: Faith in reason: questioning practical reason as fact, norm, end, and function of human rights R. Cruft: Policy implications of the philosophical foundations of human rights Maria Gabriela Scataglini: Derechos humanos: otra mirada sobre la cuestion de su universalidad II. A New Cosmopolitism / Un nuevo cosmopolitismo: V. de P. Barreto: Derecho cosmopolita y derechos humanos Luis Fernando Barzotto: Reconocimiento y fraternidad A. R. Bernstein: Justifying universal human rights via Rawlsian public reason H. Khatchadourian: Democracy and the globalization of human rights Milagros Otero Parga: Derechos humanos y globalizacion Halim Bepari: Human rights and the United Nations Miracy B. S. Gustin: Rescate de los derechos humanos en situaciones adversas de paises perifericos III. Multiculturism and Pluralism of Values /Multiculturalidad y pluralismo de valores: M. Herrero / M. Saralegui: Dogmatismo politico y pluralismo religioso Berry Tholen: Migration, justice, and Europe's identity. The relevance of special ties for EU's migration policy C. M. Alvarez Chicano: Implicaciones de la inconmensurabilidad de los valores en la aplicacion de principios de orden etico y juridico L. Perez Conejo: Axiologia juridica y pluralismo de valores: algunas consideraciones sobre la nocion de 'inconmensurabilidad' S-I. Liu: Fundamental legal values and globalization with regard to historical experience in freedom of speech L. C. Amezua: Libertad natural y esclavitud voluntaria: reflexiones de F. Suarez sobre la esclavitud IV. Rights and Gender / Derechos y genero: J.M. Gil Ruiz: La violencia de genero en el contexto familiar y la agresion de la ciencia juridica A. Goiriena Lekue: El interes superior del/la nino/a, coparentalidad y neutralidad de genero en la atribucion de la guarda y custodia de los hijos e hijas P. Garcia Guevara: Las politicas de genero en los paises globalizados del 'Tercer Mundo' V. Technological Impact and New Generation Rights / Impacto tecnologico y nuevas generaciones de derechos: M. Ahteensuu: Understanding the precautionary principle in the light of the traditional weak-strong distinction: a critical comment Cristina Monero Atienza: Bases para una teoria de los derechos en el siglo XXI M. Kitahara: Personal data processing and business ethics: personal data processing and personal data protection in business A. D. Oliver Lalana: El lado empirico de la legitimidad comunicativa: sobre la publicidad organizativa del derecho de proteccion de datos en internet J. Ebbesson / M. Zamboni: Transbordering democracy? The case of environment protection Sagrario Moles Nieto: El impacto medioambiental de los cultivos transgenicos VI. Bioethics and Law / Bioetica y derecho: M. Cruz Diaz de Teran: Principios para una biojuridica global C. Faralli / S. Tugnoli: Bioethics between law and science: the Italian law on medically assisted procreation (Law No. 40, February 19, 2004) N. Zeegers: The working of power in communicative regulation: the case of research with human embryos J. A. Fernandez Suarez: La bioetica en la era de la globalizacion F. J. Blazqez Ruiz: Privacidad y discriminacion genetica: propuestas bioeticas y juridicas ante los desafios de un mundo globalizado. (shrink)

A constitutional democracy is characterized by "governing pluralism": there is no single source of sovereignty and no single consensus on what political life should look like. Starting from this premise, and using the United States as the example of such a democracy, the work treats the ethics of three kinds of political leaders in American politics. The work examines the offices of senator, moral activist, and community organizer, in each case trying to identify the distinctive purpose (...) of the office or the contribution it makes to the democratic regime; a distinctive mode of action or set of habits conducive to fulfilling that purpose, and a set of dispositions or regime-relative virtues that people must have in order to engage in such actions consistently. ;The work concludes that a senator should focus on accommodating but restraining public opinions with a view of making possible his own consistent pursuit of public-spirited projects; that a moral activist should aim to extend the democratic principles of equality, liberty, and majority rule more widely, and towards this end must be able to mobilize a moral or religious association around a cause while speaking about that cause to a larger public in more widely accepted democratic terms; and that an organizer should promote civic self-assertion and the enlightened pursuit of interest by bringing together, and developing the capacities of, ordinary citizens through face-to-face contact. ;This plurality of ethics goes along with a single, consistent theory of democratic politics and democratic character rooted in the work of Aristotle, Tocqueville, and the authors of the Federalist. The work takes from these authors a theory of "democratic continence" under which the proper political aim for both leaders and ordinary citizens is not the good life, rational justified standards of right, or the highest virtues of human beings, but qualities of perseverance, self-restraint, individual and collective discipline, dogged self-assertion, and the enlightened pursuit of interest. Democratic politics does and must reject high moral aspirations for the sake of realism, toleration, and sympathy for the lives of ordinary people. (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)

Transnational trade is at the heart of the global economy. Trade relations often transcend both ideological divides and regime type. Trading with autocratic regimes, however, raises significant moral issues. In their recent book, On Trade Justice, Mathias Risse and Gabriel Wollner argue that trade with autocratic regimes is morally permissible only under a very limited set of circumstances. This article discusses the morally permissible trade policies that liberal democracies ought to adopt toward autocratic regimes. Liberal democracies trading with autocratic (...) regimes have a special obligation to improve the human rights conditions in these regimes. This duty is partly based on their complicity in human rights violations and on the fact that the democracies benefit from these violations in their trading relationships. Their responsibility goes beyond the improvement of labor conditions and requires various strategies such as imposing trade sanctions and export controls, and making trade conditional on human rights performance. (shrink)

The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and (...) institutional, that victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society. (shrink)

A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, (...) on the political view, what makes states primary bearers of human-rights duties is their possession of both (i) the capacity to fulfill human right and (ii) what I call the ‘authority-plus-sovereignty package’. Building on the existing literature on the moral responsibilities of TNCs, I argue that some TNCs—especially in areas of weak governance—meet these two conditions. I thus conclude that they count as bearers of primary human-rights responsibilities even from within a political perspective on human rights. (shrink)

In many parts of sub-Saharan Africa, mothers impacted by the genetic condition of albinism, whether as mothers of children with albinism or themselves with albinism, are disproportionately impacted by a constellation of health-related stigma, social determinants of health, and human rights violations. In a critical ethnographic study in Tanzania, we engaged with the voices of mothers impacted by albinism and key stakeholders to elucidate experiences of stigma. Their narratives revealed internalized subjective stigma, social stigma such as being ostracized (...) by family and community, and structural stigma on account of lack of access to SDH. An analysis of health systems as SDH revealed stigmatizing attitudes and behaviours of healthcare providers, especially at the time of birth; a lack of access to timely quality health services, in particular skin and eye care; and a lack of health-related education about the cause and care of albinism. Gender inequality as another SDH featured prominently as an amplifier of stigma. The findings pose implications for research, policy, and practice. A concrete avenue to de-stigmatization of mothers impacted by albinism exists by the application of principles of human rights, particularly equality and non-discrimination; contextual analysis of cultural dynamics including relevant ontology; meaningful participation of rights-claimants, such as peer groups of mothers; and accountability of governments and their obligation to ensure access to health information as a key social determinant of the right to health. (shrink)

Until recently the term ‘cosmopolitanism’ was a forgotten concept in the intellectual history of the 18th and 19th centuries. The last two decades have seen a remarkable revival of interest in cosmopolitanism across a wide variety of fields. This article contends that legal developments since the 1948 Declaration of Human Rights and the rise of an ‘international human rights regime’ are at the forefront of a new cosmopolitanism. Yet there is a great deal of skepticism toward (...) such claims on the part of those who maintain that democracy and human rights are best furthered by the nation-state framework. Still others confuse legal cosmopolitanism with the spread of a uniform system of rights across different national jurisdictions.In several writings in the past, I developed the concept of ‘democratic iterations’ to argue against such skepticism as well as misunderstandings of legal cosmopolitanism. In this article, I show how democratic iterations unfold across transnational legal sites, which encompass various national jurisdictions and through which contentious dialogues on the application and interpretation of such fundamental rights as ‘freedom of religion’ in different jurisdictions can emerge. To document such processes I focus on the Leyla Sahin v. Turkey case which was adjudicated by the European Court of Human Rights in 2005. (shrink)

If human rights express the equal claim of every person to the recognition and protection of their vital interests, they necessarily assert universal obligations of justice that cross borders. Sharon Anderson-Gold asks here whether there is a normative consensus on human rights and articulates the role of a cosmopolitan or global community in shaping the theory and practice of international politics. She considers several important works in the field of universal human rights and discusses (...) whether a cosmopolitan system of law is a necessary condition for the stable association of nation states. _Cosmopolitanism and Human Rights_ presents an ethical foundation for the idea of human development and attempts to demonstrate the normative character of universal human rights. It claims that Kant's idea of a federation of nations based upon principles of international right remains highly relevant to contemporary aspirations for global justice, and concludes by suggesting that a ‘cosmopolitan community’ is the locus of a global democratic order and is the necessary framework for the maintenance of human rights. (shrink)

It is widely recognised that we hold certain moral obligations to future generations. Robert Elliot argues that we can base these obligations on the rights of future people. I accept his argument that future people are moral agents who possess rights. However, I argue that the main question for political and moral philosophers is whether it is possible to find the balance between the obligations to, and the rights of, contemporaries, and the obligations to, and the (...) rights of, future people. By analysing the notions of 'human rights' and 'welfare rights' of future people, I argue that this question can be tackled only in terms of welfare rights. But the latter make sense only in the context of community of provision. This implies that we must first examine the 'trans-generational' community that includes contemporaries and future generations. Thus a theory of justice between generations cannot be purely 'rights-based'. However, by describing the 'trans-generational community' I argue that it can serve as the moral grounds for our obligations to future generations. (shrink)

The majority of research on human rights focuses on the consequences of regime-type for human rights violations, and overwhelming evidence suggests that democracies are less likely to violate human rights of their citizens as compared to non-democracies. However, a regime-type perspective is unable to account for disparities in human rights violations within democratic and non-democratic regimes. This paper disaggregates regime-type and analyzes the relationship between citizens’ participation and human rights violations. (...) I argue that a participative citizenry, as captured by high voter turnout, is indicative of an active and vigilant populace who are more likely to hold governments accountable and ensure better human rights protections. The paper tests the relationship between human rights and voter turnout among 89 democratic countries from 1976 to 2008. The findings demonstrate that a participative citizenry enhances governmental respect for human rights. (shrink)

ABSTRACT This article examines the resonance of Robert Owen’s ideas in the field of women’s rights with the view to determining the extent of their dissemination in transnational networks. The article focuses on the life and work of Anna Doyle Wheeler, which offers an important, though understudied, case for exploring early feminist circles, and, as she was a friend of Owen’s and one of his earliest supporters from the 1820s onwards, the impact of Owen’s ideas within these (...) circles. The article traces Wheeler’s discovery of Owen’s system and examines how Wheeler fused Owen’s co-operative ideals with calls for women’s emancipation. It analyses her famous Appeal of One Half of the Human Race (1825), a work that urged women to engage ardently in the battle for their political and civil rights, and to join in the establishment of co-operative communities. The article concludes by examining how Wheeler attempted to articulate and put into practice these political and co-operative principles through her involvement in the English, French and Irish co-operative movements, and through her association with Désirée Véret and the contributors to the Tribune des femmes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Great World House: Martin Luther King Jr. and Global Ethics by Hak Joon Lee, and: Democracy in Twenty-First Century America: Race, Class, Religion, and Region by Ronald B. NealReggie L. WilliamsThe Great World House: Martin Luther King Jr. and Global Ethics HAK JOON LEE Cleveland, OH: Pilgrim Press, 2011. 256 pp. $25.00Democracy in Twenty-First Century America: Race, Class, Religion, and Region RONALD B. NEAL Macon, GA: (...) Mercer University Press, 2012. 138 pp. $30.00On Christmas Eve 1967, Martin Luther King Jr. asked the members of a congregation to recognize that they are—every day—interacting with many different nations all around the world as they maneuver throughout their normal daily routines. Hak Joon Lee’s The Great World House: Martin Luther King Jr. and Global Ethics examines the implications of this daily global interaction as the need for a broader ethical perspective in a shrinking world. The need begins with the realization that we do indeed inhabit a shrinking world in which our local behavior has a broader global impact. Once we recognize the moral implications of our local interaction, it becomes clear that we must learn how to live together in a broader community.But how do we speak the language of a global morality? What does a global morality look like? Lee argues that King’s metaphor of a great world house provides a structure on which to frame the content of a healthy global morality in a shrinking world. The metaphor indicates a collective understanding of all humanity as a global community (ix). The notion of a single world house moves people groups beyond rival communities with well-defined in-group and out-group barriers into what Lee describes as a global civil society where we are all seen as members of a collective in-group (13). The concept of a collective in-group helps illustrate what Lee understands to be King’s argument for a global morality; “King’s idea of a great world house redefines what the boundaries and membership of a moral community are: the great world house constitutes a single inclusive ethical community for humanity because it identifies the world as a single unified community” (53). [End Page 234]But as laudable as King’s great world house metaphor is, we are still burdened with the task of imagining a universal moral language in practice. Efforts toward the formation of universal truths have historically been death-dealing for people groups caught on the wrong side of the color line. A one-size-fits-all morality has been a procrustean bed for people who have been racialized and subordinated to white European males. Yet Lee interprets King’s method of universal engagement to begin with convictions shared at home within the particularity of his African American Christian worldview before it moves outward toward a shared vision of a global civil society. The movement from particular to universal for a public morality is unlike the historically harmful practice of universal morality. King’s universal method includes attention to four components: vision, norms, virtues, and political practices. These four components belong to what Lee depicts as a careful and intricate dialectic between what is local and what is universal in a political dialogue that seeks the end of a global civil society with shared conceptions of community and human rights.Ironically, with regard to the conversation about human rights, Lee claims that King’s formative African American interpretation of human rights was primarily informed by the Enlightenment and then blended with an African American experience: “Mostly appropriated from Christianity and the Western Enlightenment tradition, these norms [justice, freedom, and equality] obtained a new significance for African Americans in the context of the sizzling cauldron of slavery and segregation” (55). Yet one would be hard pressed to identify the presence of modern Enlightenment intellectuals within the formative theological worldview of the African American Christianity that Lee identifies. Of necessity, African American Christianity, the Christian worldview that birthed Martin Luther King Jr., was formed to deflect the white Christian worldview that was shaped by the intersection of race, religion, and empire in modernity. The Enlightenment fueled modernity’s... (shrink)

A common view of politics is that it is reducible to applied ethics. If politics, in a classic phrase, is about “who gets what, when, and how,” then the task of normative political theory would simply be to tell us who is morally entitled to get whatever the “what” is in that statement.This view, however, can easily reduce politics to a dizzying vortex of actions to assess from an ethical perspective. And while the task of moral philosophy may be (...) precisely to articulate principles by which to pass such judgment, the focus of political theory lies elsewhere.To study and assess politics means attending to the institutional frameworks and structural conditions that enable or constrain human action to begin with. The question for normative political theory, in other words, is whether the organizational structure of a given society—embodied in its decision-making procedures, its distribution of power, and its defining patterns of production, reproduction, and distribution—is defensible or not.This question of justice in the institutional makeup of society has not been entirely ignored in animal rights literature. Animal advocates have always been clear about the massive societal ramifications of dismantling the speciesist order. Likewise, rights theorists and activists have often proposed concrete legal measures for improving the protection of animals, be it by piecemeal welfare reform in animal agriculture, by the abolition of specific practices in biomedical research, or by seeking the equivalent of human rights for select species like great apes or dolphins. The field has also seen fierce debate among animal advocates about the appropriate strategies for engaging with the state and the legal system.Nonetheless, most discussions have been about what it means to treat individual animals with respect, and not about what is required of a political order aspiring to just treatment of all species. In fact, it is only in the last decade that the issue of political justice has taken up a place at the center of animal ethics.Though the field is still developing, we may take it as a sign of maturity that it can now sport its first “short introduction” book: Alasdair Cochrane's Should Animals Have Political Rights? (2020). Its appearing as part of the Polity Press series Political Theory Today further attests to the book's timeliness.The starting point of Cochrane's book—and of political animal studies in general—is that political relations between humans and other animals are not optional but inevitable. Other animals live among us, and the way we organize our societies has a massive impact on the lives of other sentient animals both inside and outside the borders of our human communities. Assuming that these creatures possess intrinsic value as experiencing individuals with morally relevant interests, the question seems inescapable: What kind of polity can accommodate for the multispecies character of our communities and embody justice for all sentients? Cochrane's answer is largely the same as the one he offered in his previous book, Sentientist Politics: A Theory of Global Inter-Species Justice (Oxford University Press, 2018), where he laid out his full vision of a postnational and species-neutral “cosmozoopolis.”The present book is much more concentrated and written as an accessible introduction for readers new to the field. Over seven short chapters, Cochrane reconstructs his argument for an interspecies democracy by assessing a series of arguments and propositions drawn from previous literature on the topic.The first notion to be scrutinized is the popular idea that animal welfare legislation is enough to secure respect for animals. Here, Cochrane acknowledges that welfarism goes some way toward safeguarding animal interests, but he also stresses that its historical record has been disheartening. Welfarism protects animals only insofar as their protection coincides with human interests, and this is far from enough to ensure respect for the animals’ intrinsic value.The second line of argument tries to push beyond welfarism by claiming constitutional protection for animals. By this move, reformers hope to place animal interests on an equal footing with human interests and prevent the overriding of the former in the name of human entitlements (to property, artistic expression, freedom of science, and so forth). Looking at real-world cases, however, Cochrane finds that these constitutional provisions tend to be sidelined when they come into conflict with the interests of big agribusiness.Noting that more than constitutional protection is needed, Cochrane turns to a third set of arguments about legal personhood for animals. Winning personhood for animals would certainly constitute a radical step toward equalizing the interests of different species. Nonetheless, Cochrane argues that personhood alone would be insufficient. Intrinsic value, to him, cannot be fully respected unless animals win the political right to have their interests factor into society's articulation of the public good. As sentient beings, we can all make a claim on the political communities we are part of to not only recognize us as members but furnish us with the means to live well.The fourth and final step for Cochrane is to argue that democratic representation for animals is necessary for realizing these political membership rights. Without representation, he contends, political rights risk being watered down, leaving animals with much less than they are entitled to as sentient beings. Cochrane critically discusses several different models for how this representation could be organized. While he is partial to a system where specially trained human representatives are tasked with voicing the animals’ interests in the legislative process, he leaves many of the practicalities open for future experimentation.Readers familiar with the field of political animal studies will find little new in Should Animals Have Political Rights? For students new to the field, however, Cochrane's book does an excellent job introducing the main issues in a very accessible format. Students of “regular” political science will also benefit from the book's fresh challenge to the discipline's understanding of “the political” as well as its important insights into the relationship between individual and political rights. (shrink)

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a (...) manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between law and morality, and has even been tempted by natural law arguments in developing his theory of jurisprudence (see Part IV), Kelsen is more receptive to arguments drawn from legal and political realism. Yet Habermas is hardly oblivious to these arguments, as can be seen from his recent acknowledgment that human rights that secure subsistence and development depend on ‘global domestic policy’ for their full enjoyment. This acknowledgment, I submit, brings Habermas’ legal philosophy closer to Kelsen’s monistic view that a supranational human rights regime must regulate political as well as purely legal matters (Part III). Given this stronger analogy between domestic and global institutions of governance, I argue (Part IV) that a global human rights regime must also incorporate features of constitutional review. Conceding this point, however, raises further questions about the insulation of international law from so-called extra-legal (political) influences. I conclude that not only do multicultural differences in understanding human rights (conflicts between legal paradigms) generate political problems for international courts but so do competing subsystems of international law. (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)

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

Although community cohesion and human rights are currently two of the most discussed political discourses in the UK, their links for policy are underplayed. This article presents the findings of a nine-month research project that included interviews with a selected expert sample, and which aimed to explore whether human rights values and legislation can be used as tools for community cohesion. Available levers within human rights and the 1998 Human Rights Act (...) are identified, and evidence-based policy recommendations are posited. The article aims to start a new and more inclusive dialogue on community cohesion policy. (shrink)

Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the fulfilment of economic, social, and cultural rights (ESCR) in Canada. Fewer still are studies exploring the interlinkages between these areas of inquiry. The purpose of this paper is to explore, using Canada as a case study, rights-based developments in climate litigation cases and how these could impact the innovative advancement (...) of ESCR (e.g. to food, housing and water). Typically, issues of justiciability and standing emerge, impeding the realization of such rights. Given the grave threats we now face, climate cases and social movements must be brought together to better hold state actors accountable for their rights obligations. We implore the legal community to explore ways to traverse juridical obstacles to realize the interdependencies of human rights and protect the planet from calamitous climate change. (shrink)

This paper traces the evolution of the international concept of a human right to culture from a general and individual right of participation in the public life of a state (1966, Article 27 of the IC of Civil and Political Rights), to a group right to a cultural identity (1992 Declaration on the rights of persons belonging to national or ethnic, religious or linguistic minorities). I argue that the original generic formulation of the human right (...) to culture reflected the nineteenth-century ideal of one-nation, one culture which had proved inadequate from the beginning even in Europe and wrecked havoc upon newly evolving nations in previously colonized territories. International Human Rights doctrine has had to evolve in response to the confl icts that have erupted within multi-ethnic states. In this paper I will consider and defend the argument of William Kymlicka that culture is a necessary context for the exercise of meaningful choices and therefore, within limits, deserves protection within liberal regimes. I argue that providing political support for cultural identities in the form of group rights need not imply a right of secession and can support a robust conception of multicultural citizenship. I analyze the philosophical significance of cultural identity for human dignity and democratic participation in multicultural contexts and conclude that group rights are neither “collectivist” nor “individualist” but a necessary and significant byproduct of the fundamental human right to free association. (shrink)

The concept of vulnerability is widely used in human rights policy documents, reports, and case law focusing on the impacts of climate change on human rights. In academic discussions, the concept, however, has also sparked a discussion on its benefits and challenges for the advancement of human rights, especially concerning the principles of equality and non-discrimination. This article aims at contributing to this debate from a frame-analytical perspective. In social sciences, frame-analysis is a form (...) of discourse analysis which focuses on the consequences of different concepts for legal, political, and social discussions and norms. With the example of selected UN documents on different human rights issues in the context of climate change, the article, firstly, analyzes whether and how the concept of vulnerability is defined in the documents and why it is used in the documents. Secondly, it is elaborated to which individuals and groups the concept is applied. Thirdly, it is discussed how vulnerability is conceptualized in relation to or in distinction to the concepts of inequality and discrimination. In a further section it is analyzed what narratives are mobilized by the frame of vulnerability. The article concludes that from a discourse-analytical perspective the frame of vulnerability mobilizes problematic narratives which has gendered and racialized implications for those labeled vulnerable. (shrink)

Since the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, (...) accounting, and philosophy critically reflect on the theoretical foundations of the UNGPs, they analyze the effectiveness of implementation mechanisms and current regulatory practice, and they advance proposals for the future development of the business and human rights regime. In this introduction, we prepare the ground for these analyses, proceeding in three steps. Firstly, we argue that the adoption of the UNGPs has triggered a norm cascade which requires a distinctive, empirically oriented research agenda focusing on the scope, governance, and effectiveness of corporate human rights accountability norms and instruments. Secondly, we explain how the articles in this special issue contribute to that research agenda by addressing these themes. Thirdly, we provide an overview of the individual contributions and point out avenues for future research. (shrink)

This paper traces the evolution of the international concept of a human right to culture from a general and individual right of participation in the public life of a state (1966, Article 27 of the IC of Civil and Political Rights), to a group right to a cultural identity (1992 Declaration on the rights of persons belonging to national or ethnic, religious or linguistic minorities). I argue that the original generic formulation of the human right (...) to culture reflected the nineteenth-century ideal of one-nation, one culture which had proved inadequate from the beginning even in Europe and wrecked havoc upon newly evolving nations in previously colonized territories. International Human Rights doctrine has had to evolve in response to the confl icts that have erupted within multi-ethnic states. In this paper I will consider and defend the argument of William Kymlicka that culture is a necessary context for the exercise of meaningful choices and therefore, within limits, deserves protection within liberal regimes. I argue that providing political support for cultural identities in the form of group rights need not imply a right of secession and can support a robust conception of multicultural citizenship. I analyze the philosophical significance of cultural identity for human dignity and democratic participation in multicultural contexts and conclude that group rights are neither “collectivist” nor “individualist” but a necessary and significant byproduct of the fundamental human right to free association. (shrink)

The health and human rights movement (HHR) shows obvious signs of maturation both internally and externally. Yet there are still many questions to be addressed. These issues include the movement’s epistemological status and its perspectives of development. This paper discusses critically the conditions of emergence of HHR, its identity, its dominant schools of thought, its epistemological postures and its methodological issues. Our analysis shows that: (a) the epistemological status of HHR is ambiguous; (b) its identity is uncertain in (...) the absence of a validated definition: is it an action movement, an interdisciplinary field, a domain, an approach, a setting or a scientific discipline? (c) its main schools of thoughts are defined as “advocacists”, “ethicists”, “interventionists”, “normativists”; (d) the movement is in the maturation process as a discipline in which “interface”, “distance”, “interference” and “fusion” epistemological postures represent the fundamental steps; (e) parent disciplines (health sciences and law) competences, logics and cultures introduce duality and difficulties in knowledge production, validation and diffusion; (f) there is need to re-write the history of the HHR movement by inscribing it not only into the humanitarian or public health perspectives but also into the evolution of sciences and its social, political and economical conditions of emergence. The ambiguous epistemological status of this field, the need to re-write its history, the methodological duality in its research, the question of the competence of the knowledge validation, as well as the impact of HHR practice on national and international health governance are the challenges of its future development. To meet those challenges; we call for the creation and implementation of an international research agenda, the exploration of new research topics and the evaluation of the movement’s contribution to the national and global public health and human rights governance. (shrink)

There is a puzzling disconnect between recent philosophical literature on equality and the modern theory and practice of human rights. This disconnect is puzzling because the modern human rights movement is arguably the most salient and powerful manifestation of the commitment to equality in our time. One likely source of this disconnect is the tendency of contributors to the philosophical literature on equality to focus on justice within the state, considered in isolation. This article begins the (...) task of connection. Section II outlines a philosophical conception of human rights, the Modest Objectivist View, according to which the list of human rights is grounded in descriptive and normative egalitarian assumptions about what is required to help ensure that every individual has the opportunity for a minimally good or decent human life. Next, I explore the resources of the Modest Objectivist View for rationally reconstructing the conventional conception of human rights. Section III examines challenges to the Modest Objectivist View’s egalitarian assumptions. Section IV explores the question of whether the minimal egalitarianism of the Modest Objectivist View is compatible with the more robust egalitarianisms advanced in recent philosophical literature. I conclude that the minimalist egalitarianism of human rights is compatible with more robust egalitarian principles, once we understand the distinctive function of human rights as standards of transnational justice. Key Words: basic interests • decent human life • egalitarianism • equality • minimally good life • Modest Objectivist View • minimalism • opportunity for a decent life • transnational justice. (shrink)

Is liberal democracy a universal ideal? Proponents of "Asian values" argue that it is a distinctive product of the Western experience and that Western powers shouldn't try to push human rights and democracy onto Asian states. Liberal democrats in the West typically counter by questioning the motives of Asian critics, arguing that Asian leaders are merely trying to rationalize human-rights violations and authoritarian rule. In this book--written as a dialogue between an American democrat named (...) Demo and three East Asian critics--Daniel A. Bell attempts to chart a middle ground between the extremes of the international debate on human rights and democracy.Bell criticizes the use of "Asian values" to justify oppression, but also draws on East Asian cultural traditions and contributions by contemporary intellectuals in East Asia to identify some powerful challenges to Western-style liberal democracy. In the first part of the book, Bell makes use of colorful stories and examples to show that there is a need to take into account East Asian perspectives on human rights and democracy. The second part--a fictitious dialogue between Demo and Asian senior statesman Lee Kuan Yew--examines the pros and cons of implementing Western-style democracy in Singapore. The third part of the book is an argument for an as-yet-unrealized Confucian political institution that justifiably differs from Western-style liberal democracy.This is a thought-provoking defense of distinctively East Asian challenges to Western-style liberal democracy that will stimulate interest and debate among students of political theory, Asian studies, and international human rights. (shrink)

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

Explores some steps toward non-assimilative encounters in the "global village.".