I criticise the ‘liberal’view of the proper relationship between the family and State, namely that, although the interests of the child should be paramount, parents are entitled to rights of both privacy and autonomy which should be abrogated only when the child suffers a specifiable harm. I argue that the right to bear children is not absolute, and that it only grounds a right to rear upon an objectionable proprietarian picture of the child as owned by its producer. If (...) natural parents have any rights to rear they derive from duties to bring their children into rational maturity where they can exercise rights for themselves. The presumption that natural parents are best suited to rear their own children should be discounted, as should the assumption that alternatives to natural parenting are unacceptably bad. I reject the suggestion that parents should be ‘licensed’but argue for a much closer monitoring of the family. Familial privacy, which such monitoring breaches, is shown to have a culturally specific and, given the facts of abuse, dubious value. In conclusion, I briefly specify the forms of monitoring I approve. (shrink)

I criticise the ‘liberal’view of the proper relationship between the family and State, namely that, although the interests of the child should be paramount, parents are entitled to rights of both privacy and autonomy which should be abrogated only when the child suffers a specifiable harm. I argue that the right to bear children is not absolute, and that it only grounds a right to rear upon an objectionable proprietarian picture of the child as owned by its producer. If (...) natural parents have any rights to rear they derive from duties to bring their children into rational maturity where they can exercise rights for themselves. The presumption that natural parents are best suited to rear their own children should be discounted, as should the assumption that alternatives to natural parenting are unacceptably bad. I reject the suggestion that parents should be ‘licensed’but argue for a much closer monitoring of the family. Familial privacy, which such monitoring breaches, is shown to have a culturally specific and, given the facts of abuse, dubious value. In conclusion, I briefly specify the forms of monitoring I approve. (shrink)

History plays an important role in the philosophy of human rights, more so than in philosophical discussions on related concepts, such as justice. History tends to be used in order to make it credible that there is a tradition of rights as a moral idea, or an ethical ideal, that transcends national boundaries. In the example that I investigate in this chapter, this moral idea is tightly spun around the moral dignity of the human person. There has been (...) a shift in conceptions of human rights during the twentieth century, from ‘politics of the state to the morality of the globe’. Rather than figuring in, or as, constitutional principles of the political life of a polity and the relation between a state and its members, the notion of rights has come to serve as the name of a state- and politics-transcending ethical position on the status of the human person, and the relations between human persons. Given that this move from politics of the state to morality of the globe is a recent one, it goes without saying that trying to ground a state-transcending morality of human rights with the help of early modern history is problematic. Still, philosophers of this kind of morality of human rights are prone to claiming, for their accounts, a long-standing human rights tradition that, frankly, is not there, at least not in that form. One example is James Griffin, whose reliance on what he refers to as a historical notion of human rights is the focus of my critical discussion here. Griffin claims that ‘our’ concept of human rights is a product of eighteenth century Enlightenment thought. If ‘our’ concept of human rights is Griffin’s concept, then his claim is false – as I show. I agree, however, that the eighteenth century is a pivotal moment, but if we wish to understand natural rights in eighteenth century thought, we need to grasp the fact that power over others, and the capacity of those who hold that power to also abuse it, was not a contingent concern, or merely part of the extension of a concept defined prior to, or independently of, any such concern. It was built into the concept itself; it was its very point. (shrink)

This contribution discusses two aspects of Watson’s account of epistemic rights: namely, the nature of epistemic rights, and a particular form of epistemic rights violation that Watson calls the abuse of perceived epistemic authority. It is argued that Watson’s take on both aspects is unsatisfactory, and some suggestions for an alternative view are offered.

In Child Abuse, Family Rights, and the Child Protective System: A Critical Analysis from Law, Ethics, and Catholic Social Teaching, Stephen M. Krason gathers essays by leading scholars and practitioners to comment through the prism of Catholic social thought, on the plight afflicting American families and the role of the child protective system. Here readers will find critical essays on the deleterious effect of the 1974 passage of the Child Abuse Prevention and Treatment Act; assessments of current (...) American policies on child abuse and neglect and the role of the CPS within the context of prevailing international human rights principles and Catholic social teaching; a survey of the enforcement of CPS policies from a legal and constitutional perspective; research data disputing the CPS principle that all parents are potential abusers and illustrating the greater prevalence of abuse and neglect in broken, “blended,” and “untraditional” families; and arguments for poverty and unemployment as the prime culprits in the mistreatment of children. Also included are the amicus curiae briefs that the Society of Catholic Social Scientists submitted in two U.S. Supreme Court cases on parental rights, the CPS, and state control over the family. (shrink)

Magna Carta Libertatum is one of the few documents that continuously imply thorough discussions about fundamental principles of the law. In 2011, Lord McNelly, Justice Minister of UK at the time, has emphasized the core and everlasting principles that derived from this document: ᠅ that the power of the state is not absolute ᠅ that whoever governs the state must obey the law ᠅ and that whoever governs the state must take account of the views of those who are governed. (...) These are the fundamental principles of any government that strives to be distinguished as democratic, these are the self-evident truths that have been developed in the theory of social contract that established the modern day democracies. It is very common that article 39 of Magna Carta that provides for the right to due process, as well as article 40 that provides for the right to access to justice and justice itself, to be usually analyzed from the point of view of the rights of the person accused of a crime. However, it must be taken into consideration, that failure to guarantee these two very important human rights makes the accused person a victim of abuse of power. This article aims to analyze the relevance of Magna Carta in the rise of the concept of rights of victims of abuse of power. Although it is a concept developed later in history, the clauses of Magna Carta that remain in power can be directly linked to this category of victims. The thirteenth century provides a very important perspective on the position of the victim of crime and can be analyzed in a comparative aspect regarding the Common Law and the Civil Law historical development. The article will briefly explain the evolution of the concept of victims’ rights throughout these eight centuries to the modern times when these rights have become a crucial part of the national legislations of Western Balkan countries. (shrink)

The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.This fully updated second edition of Abuse of Process and Judicial (...) Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area. (shrink)

This paper offers an overview of the prospects and ethics of using AI to achieve human enhancement, and more broadly what we call intellectual augmentation (IA). After explaining the central notions of human enhancement, IA, and AI, we discuss the state of the art in terms of the main technologies for IA, with or without brain-computer interfaces. Given this picture, we discuss potential ethical problems, namely inadequate performance, safety, coercion and manipulation, privacy, cognitive liberty, authenticity, and fairness in more detail. (...) We conclude that while there are very significant technical hurdles to real human enhancement through AI, and significant ethical problems, there are also significant benefits that may realistically be achieved in ways that are consonant with a rights-based ethics as well. We also highlight the specific concerns that apply particularly to applications of AI for "sheer" IA (more realistic in the near term), and to enhancement applications, respectively. (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.

Karl Popper has been one of the few philosophers of sciences who has influenced scientists. I evaluate Popper's influence on our understanding of evolutionary theory from his earliest publications to the present. Popper concluded that three sorts of statements in evolutionary biology are not genuine laws of nature. I take him to be right on this score. Popper's later distinction between evolutionary theory as a metaphysical research program and as a scientific theory led more than one scientist to misunderstand his (...) position on evolutionary theory as a scientific theory. In his later work Popper also introduced what he took to be improvements of evolutionary theory. Thus far these improvements have had almost no influence on evolutionary biology. I conclude by examining the influence of Popper on the reception of cladistic analysis. (shrink)

Both morality and theories of morality play many distinctive—and sometimes apparently conflicting—functions: they identify and prohibit wrongful aggression; they chart and analyze basic duties; they present ideals for emulation; they set the terms or justice, rights and entitlements; they characterize the norms of basic decency and neighborliness. Since many of these can, in practice, come into conflict with one another, morality provides guidance for integrating priorities. Claims to morality can, however, be misused as well as used: sanctimonious self-righteousness, self-centered (...) moral narcisism and deflecting, misleading justification all present an abusive mask of morality. In this paper, I analyze both the use and abuse of morality and offer an account of its appropriate use, as presenting multiple heuristic questions for reflection. (shrink)

In response to Evelyn Pluhar'sWho Can Be Morally Obligated to Be a Vegetarian? in this journal issue, the author has read all of Pluhar's citations for the accuracy of her claims and had these read by an independent nutritionist. Detailed analysis of Pluhar's argument shows that she attempts to make her case by consistent misappropriation of the findings and conclusions of the studies she cites. Pluhar makes sweeping generalizations from scanty data, ignores causal explanations given by scientists, equates hypothesis with (...) fact, draws false cause conclusions from studies, and in one case claims a conclusion opposite of what the scientist published. Such poor reasoning cannot be the basis of an argument for moral vegetarianism. A broader search of the literature and attention to reviews and textbooks in nutrition shows that each of Pluhar's claims is suspect or incorrect. Pluhar has not undermined my central claims: even if animals have certain rights and well-planned vegetarian diets are safe in complex industrialized societies, these diets cannot be so regarded if the presuppositions of high levels of wealth, education, and medical care do not exist; and, women, children, the aged and some ill persons are at greater risk on restrictive vegan diets. Thus, any duty of moral vegetarianism is not categorical but provisional in nature. (shrink)

Copyright gives creators a monopoly on most uses of their work throughout their lives and for seventy years post mortem. Copyfraud, in Mazzone's striking but far from unjustified usage, is a claim of ownership made by institutions and individuals that do not possess it. To discover how prevalent such frauds are (and the degree to which they constrain and contort writers, musicians, filmmakers, and others) is truly amazing. Mazzone deals only with the US, but though the precise contours of copyright (...) are slightly different in the UK and the EU, the same kinds of overreach arise more or less everywhere nowadays. Who are the perpetrators? Museums that claim copyright in images of works that they own or hold but that are in the public domain; picture libraries that charge license fees for out-of-copyright works; publishers who make false assertions of copyright in government publications, even in law school editions of the US Constitution; media corporations that claim to be able to license excerpts of works that they own despite the provisions of the (admittedly vague) “fair use” clause in long-established copyright laws; and the heirs and estates of writers who claim control of all uses made of the published and unpublished words of their fathers, aunts, and so forth. Publishers collude in this now rampant abuse of public access to cultural goods by insisting that authors of fiction and nonfiction works undertake to clear copyright to material borrowed from sources, a laborious process for which most writers are ill equipped. The result is that key evidence in scholarly work is often simply left out. In documentary film, the effects of copyfraud can be seen only in those films that are not made: the industry convention—“when in doubt, obtain a license”—makes many subjects financially and practically unviable.This book should have been a wake-up call, when it appeared a decade ago, for all involved in what is now called “cultural production” to reassert their rights, and the rights of the public, to free access to material that is not and never will be privately owned. Alas, Mazzone's detailed chapters on what ought to be done next have remained dead letters. It is time to reread them and to heave the ball back down the false mountain of improper claims of ownership made by corporations and individuals who know what they are doing and know they can get away with it. This laudably clear, direct, and readable book brings to mind an old English rhyme that remains as relevant today as it ever was: The law doth punish man or woman / That steals the goose from off the common / But lets the greater felon loose / Who steals the common from the goose. (shrink)

In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power (...) to commit pregnant women involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy. (shrink)

In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power (...) to commit pregnant women involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy. (shrink)

In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power (...) to commit pregnant women involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy. (shrink)

Mary Midgley asserts that my argument concerning the problem of child-abuse was inappropriately framed in the language of rights, and neglected certain pertinent natural facts. I defend the view that the use of rights-talk was both apposite and did not misrepresent the moral problem in question. I assess the status and character of the natural facts Midgley adduces in criticism of my case, concluding that they do not obviously establish the conclusions she believes they do. Finally I (...) briefly respond to the charge that my suggestions were illiberal. (shrink)

We ask what type of neutralization techniques corporations apply to allegations of human rights abuses. We proceed by undertaking a Qualitative Content Analysis of 162 responses by ten extractives-sector firms over a period of 14 years. The firms were responding to accusations of human rights impacts documented by the Business and Human Rights Resource Centre. We use Garrett et al.’s :507–520, 1989) framework of neutralization techniques consisting of denial, justification, concession and excuse to examine the responses. During (...) our QCA, we observed emerging themes around self-promotion and evasive tactics. We contribute to existing literature by proposing ‘evasion’ as a novel neutralization technique, particularly in circumstances of corporate responses to accusations of wrongdoing. We argue that evasion occurs when firms refuse to engage in the debate brought forward in an accusation. In addition, we enrich our understanding of neutralization techniques by proposing subneutralization techniques in our analysis to diverge from that of other studies. We conclude by discussing the implications of the predominance of corporate narcissism and evasive neutralization techniques to the business and human rights movement and other international corporate responsibility standards. (shrink)

This paper is about human rights and policing in Bangladesh, with special focus on the role of National Human Rights Commission. The protection and promotion of human rights in Bangladesh has become difficult as the law enforcement agencies, particularly the police and the Rapid Action Battalion, are involved in human rights violations. An overall culture of impunity for human rights violations exists in Bangladesh. The National Human Rights Commission appears to have failed to break (...) the culture of impunity in Bangladeshi politics. This paper explains the reasons why the National Human Rights Commission in Bangladesh largely fails to make the political system in particular law enforcement agencies accountable. (shrink)

This paper is about human rights and policing in Bangladesh, with special focus on the role of National Human Rights Commission. The protection and promotion of human rights in Bangladesh has become difficult as the law enforcement agencies, particularly the police and the Rapid Action Battalion, are involved in human rights violations. An overall culture of impunity for human rights violations exists in Bangladesh. The National Human Rights Commission appears to have failed to break (...) the culture of impunity in Bangladeshi politics. This paper explains the reasons why the National Human Rights Commission in Bangladesh largely fails to make the political system in particular law enforcement agencies accountable. (shrink)

The under-reporting of sexual abuse reduces the chances of winning the battle against sexual abuse of women and children in Zimbabwe. It leaves girl children powerless and vulnerable, despite the country’s determination to put an end to injustice and gender discrimination in line with the Sustainable Development Goals (SDGs), in particular, SDG 5, which focuses on gender and equality, and SDG 16, which is concerned with justice and peace. The aim of this study was to explore the barriers (...) to reporting sexual abuse in Ruwa. Informed by the human rights-based approach, the study adopted a quantitative research design. Survey data were solicited from 51 randomly selected female respondents. Results revealed that 69% of the respondents were abused, yet only 2% of the total respondents reported the abuse to authorities, while 67% did not report incidences of abuse. About 98% of respondents believed that most sexual abuse cases in Ruwa went unreported. Results also showed that barriers to reporting sexual abuses comprised cultural and economic factors, most of which were characterised by shame, embarrassment, and fear, as well as the desire to protect male breadwinners. The results are consistent with existing literature generalisations on sexual abuse, particularly in terms of the prevalence of sexual abuse and under-reporting. It is also argued that culture is the determinant factor for most of the barriers to reporting sexual abuse, as well as the effects of reporting.Based on the results and in view of promoting and protecting human rights associated with sexuality, the study recommends that local authorities and social institutions implement awareness programmes and campaigns on reporting sexual abuse in the community.Contribution: This study is the first of its kind in Ruwa. Its significance is embedded in how it reflects on the role played by culture, religion and societal views on matters of sexual abuse. (shrink)

"A type of book we always long to read for peace and joy in any nation, Father Dr. JoeBarth Abba touched many areas amidst orgies of circles of terrorisms, Islamic insurgents with key solutions for psycho-dialogical ways on cultural ethnic tensions for conflicts resolution." --Gerhard Ludwig Cardinal Mueller, Vatican, Rome ***The book presents an inquiry into the thoughts and scholasticism of Thomas Aquinas, his classical philosophical synthesis, his insights, and the quest for Justice and Human Rights as a panacea (...) or desired urgent solution to racial justice, abuse of human life, and human rights. Dissertation. (Series: Philosophy / Philosophie, Vol. 108) [Subject: African Studies, Human Rights Studies, Philosophy, Christian Studies, Thomas Aquinas]. (shrink)

Multinational enterprises are aware of their responsibility to protect human rights now more than ever, but severe human rights violations, including physical integrity abuses, continue unabated. To explore this puzzle, we engage theoretically with the means-ends decoupling literature to examine if and when oil and gas firms’ policies and practices prevent severe human rights abuse. Using an original dataset, we identify two pathways to mitigate means-ends decoupling: while human rights policies alone do not reduce human (...) rights abuses, firms with a high-quality human rights policy over the long-term reduce severe human rights abuses; firms that combine preparedness—which we define as a firm’s capabilities, practices, and engagement—with a long-term human rights policy also reduce the likelihood of human rights abuses. Preparedness, we argue, can lead to reinforcement dynamics between long-term policy efforts and additional capabilities that provide a more holistic understanding of firm behavior. (shrink)

Elder abuse is a significant social issue in society. Although this area has generated an increasing research base, there is scant literature on elder abuse viewed through the lens of ageism and its sway on human rights and citizenship. These three perspectives on the topic allow for a meaningful and equitable benchmark from which elder abuse may be considered. Ageism influences the way human rights and citizenship are articulated for older people and is conceptualised as (...) stereotypical views of older people leading to prejudiced attitudes, actions and societal marginalisation. Such attitudes function to both disadvantage and devalue older people providing a covert basis for societal tolerance of elder abuse. This paper reviews pertinent literature in the area of elder abuse, human rights, citizenship and ageism, and argues that although society aspires to certain ideals in terms of equality and valuing the human individual, these aspirations may often be questionable in terms of older people and abuse. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their (...) accounts, it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

The Child Abuse Amendments of 1984 established the norms for treating disabled newborns, but they did not address the treatment of premature babies. Parents and physicians need a framework for decisionmaking. A decision handed down recently by the Texas Supreme Court is a step forward.

This chapter contains sections titled: Vitoria Las Casas References Further Reading.

This paper addresses three commentaries on Victims' Stories and the Advancement of Human Rights. In response to Vittorio Bufacchi, it argues that asking victims to tell their stories needn't be coercive or unjust and that victims are entitled to decide whether and under what conditions to tell their stories. In response to Serene Khader, it argues that empathy with victims' stories can contribute to building a culture of human rights provided that measures are taken to overcome the implicit (...) biases and colonialist interpellations she identifies. In response to Andrea Westlund, it proposes a taxonomy of types of narrative closure and offers some arguments to strengthen her view that empathy with victims' stories endows audience members with a new reason and new motivation to support human rights. (shrink)

Grandstanding The use and abuse of moral talk 248pp. Oxford University Press. £14.99. Justin Tosi and Brandon Warmke "... Grandstanding is a valuable and timely book. It provides a lively, engaging and informed account of some of the crucial issues and troubling problems that we face, and which are disrupting liberal democratic political and social life throughout the world right now. While it will certainly stimulate conversation and debate, it is balanced and moderate in its tone. But this is (...) not to say that its analysis and diagnosis are not open to critique on a few important points....". (shrink)

In jails, the prisoners are often maltreated by the jail authorities.They are abused, and, their fundamental rights as human beings are frequentlyviolated. Although laws upholding the rights of prisoners are plenty,unfortunately, these seem ineffective in preventing the abuse of prisonersin jails. This paper examines the problems of jailed prisoners in general andhighlights their violations of human rights. In particular, this paper discussessexual abuse of prisoners, their mental and physical tortures, and enforcement ofprison labour laws. The (...) paper also focuses on overcrowding in jails, inadequateeducational facilities for prisoners and poor health care facilities. This articleanalyses these issues from the perspectives of Islamic Law and attempts toprovide a conceptual frame work of solutions. An analytical approach isemployed in this study. (shrink)

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on carceral and (...) governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice. (shrink)

This book presents a historical perspective on patterns of human rights abuse in Cuba, El Salvador and Nicaragua and incorporates international relations in to the traditional theories of state repression found within the social sciences.

ABSTRACT Argument about Rights can be either purely formal or substantial—meant to affect conduct. These two functions, which need different kinds of support, often become confused. The source of much confusion is the idea that rights‐language is an all‐purpose ‘moral theory’ which is in competition with others such as Utilitarianism. Since these are not really rivals but complementary aspects of moral thinking—parts of it, both of which need to be used along with many others—attempts to establish one of (...) them as sole ruler are doomed to incoherence. The ambition to deploy an all‐purpose thought‐system is distinct from the moral motivation to change the world, and the two aims inevitably interfere with one another. Among these ‘moral theories’, however, the language of rights is specially ill‐suited for all‐purpose use. This becomes plain when philosophers, taking its adequacy for granted, conduct moral argument in terms of it alone, as if it were obviously appropriate, without background discussion. Rights‐language is of particularly limited use because it is simply the most competitive and litigious of such thought‐systems. Its win‐or‐lose formula allows no more scope for doing justice to defeated claims than a lawcourt does. For the serious conflicts of value that underlie large moral problems, this is disastrous. (shrink)

Fragmented social relations, the twin demise of authority and tradition, the breakdown of behavioural norms and constraints: all these are the outcome, according to their critics, of the uses and abuses of human rights in contemporary democratic societies. We are, they say, seeing the perverse effects of a 'religion of human rights' to which Europe has rashly devoted its heart and mind; and the supposed burgeoning of rights, which goes hand in hand with an unchecked rise of (...) expectations, is catapulting Western democracies into an age of never-ending demands. This emerged clearly in France in Spring 2013 during the demonstrations against equal marriage ('mariage pour tous') whose opponents deplored the excesses of a movement-driven left striving for an unbounded extension of rights - from the right to same-sex marriage to the enfranchisement of non-nationals or the right of same-sex couples to adopt. (shrink)

Genetic intervention is on the near horizon for the treatment of substance abu se. Genetic intervention involves a reprogramming of a person’s own genetic instructions so that that person will no longer have the physical craving for the drug of choice. Unlike pharmacologic intervention, genetic intervention will change the genetic identity of the person, albeit slightly. The legal issue is whether one has a fundamental right to this medical procedure. A fundamental right is one that the government cannot deny without (...) a compelling interest. The case law indicates that the right o f medical necessity applies when the person’s affliction is serious, there are no reasonable or effective alternatives, the person did not intentionally cause the condition, and the treatment is effective for the long term. Unlike the medical marijuana ph enomenon, genetic intervention is per se anti - drug, unrelated to illegal, recreational drug use, and on its face has a medical use. Legal doctrines to date though not directly on point are conceptually compatible with the existence of a fundamental right of medical necessity for genetic intervention. (shrink)

Shows how digital capitalism has shaped human rights practices What happens to the cultural politics of human rights when atrocities are rendered calculable, abuses are transformed into data, and victims become vectors? As human rights organisations have increasingly embraced information technologies this 'datafication' of rights has become both a reality and a pressing concern, one inextricably tangled up with questions regarding the broader political valences of human rights. Combining contemporary social and cultural theory with archival (...) research and original ethnographic work, Josh Bowsher resituates recent critiques of human rights within ongoing theoretical discussions concerning informational capitalism, digital culture and the politics of data. Critically analysing the contemporary human rights movement as an informational politics, Bowsher provides a new conceptual agenda for both exploring and overcoming the limits of human rights in an era shaped by the data flows, network infrastructures and informational logic of late capitalism. Josh Bowsher is Lecturer in Sociology at Brunel University. (shrink)

Human rights defenders (HRDs) fight for various human rights and address concerns related to corruption, employment, the environment, and other issues. They also challenge powerful state and private stakeholders and seek justice for human rights abuses. Therefore, HRDs are increasingly becoming targets of violent attacks and abuse with the aim of silencing them. This article begins by providing a brief definition of HRDs and then proceeds to outline the risks associated with their work in defending human (...) rights. It also identifies the perpetrators responsible for these violations. The article categorises the types of abuses against HRDs into two main categories, with a particular focus on the widespread tactic of using the legal system to target and silence defenders in Europe, which is also emerging globally. It introduces a taxonomy of various types of violations through the legal system. By categorising the types of violations against HRDs and establishing a taxonomy to aid in identifying these tactics, the article seeks to deepen understanding and awareness of the varied abuses experienced by HRDs, as well as their deviation from human rights standards, providing a valuable resource for academics, practitioners, and defenders. (shrink)

As much as we can be squeamish and angry over what was being done in these studies, they force us to consider how we tell these stories and the policy we make now, as so much of our research is global and the risks and benefits of experimentation always in need of recalibration.Susan M. ReverbyA growing distrust exists among Latin American populations as past abuses in medical research have rightly been publicized, and as researchers continue to intentionally and unintentionally circumvent (...) the systems of regulation and oversight. Beyond the cultural gaps between researcher and subject, the Latin American people have their own perspectives about responsible conduct of research formed by sociopolitical thought and familial and community identity, which may be overlooked or ignored by the U.S. and other foreign nations. Just as the Havasupai Tribe in Arizona have challenged us to think about the role of culture and the need for improved regulations and practices in conducting research within the United States, through past abuses in human experimentation and the emergence of discourse between our Latin American neighbors, similar challenges confront us. (shrink)