ExcerptHuman rights organizations for the past few decades have generally attempted to promote international law against the principle of state sovereignty in order to establish human rights norms worldwide. This approach presumes the universality of human rights is in fundamental opposition to the principle of sovereignty because this principle can be used by governments to shield themselves from outside criticism. By contrast, the U.S. State Department’s Report of the Commission on Unalienable Rights has outlined (...) an approach that emphasizes not just the compatibility between universal human rights and state sovereignty but even their dependence on each other.1 We see the results of this clash in the response to the Report by Kenneth Roth, executive director of Human Rights Watch and one of the expert witnesses during the commission’s proceedings.2 He sees in the Report’s foregrounding of the Universal Declaration of Human Rights “a frontal assault on international human rights law” because it shifts attention away from international law and toward more informal documents such as the Universal Declaration, which lays out a set of goals rather than legally binding commitments. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such (...) as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

Establishing women's rights became part of the moral justification given for waging `war on terror' by ensuring regime change in Afghanistan. Yet by December 2002, Human Rights Watch was reporting ongoing violations of women's rights. Western presumptions that women's lives would be transformed simply by removing the Taliban were false. This `interchange' explains this gap between expectation and reality by examining the contentious history of Afghan gender politics and the current political and economic situation. Acknowledging (...) such factors reveals that Western intervention will not easily subvert the existing gender order. Rather, any real change will result, not from prescribing Western models, but by enabling Afghan women to be autonomous agents with the right to determine their own life plans. (shrink)

In this paper, I defend the claim that many sentient nonhuman animals have a right to privacy. I begin by outlining the view that the human right to privacy protects our interest in shaping different kinds of relationships with one another by giving us control over how we present ourselves to others. I then draw on empirical research to show that nonhuman animals also have this interest, which grounds a right to privacy against us. I further argue that we (...) can violate this right even when other animals are unaware that we are watching them. (shrink)

"Data mining is not an invasion of privacy because access to data is only by machines, not by people": this is the argument that is investigated here. The current importance of this problem is developed in a case study of data mining in the USA for counterterrorism and other surveillance purposes. After a clarification of the relevant nature of privacy, it is argued that access by machines cannot warrant the access to further information, since the analysis will have to be (...) made either by humans or by machines that understand. It concludes that the current data mining violates the right to privacy and should be subject to the standard legal constraints for access to private information by people. (shrink)

Although the focus of "Globalizing Democracy and Human Rights" is practical, Gould does not shy away from hard theoretical questions, such as the relentless debate over cultural relativism, and the relationship between terrorism and democracy.

Although knowledge of torture and physical and psychological abuse was widespread at both the Guantanamo Bay detention facility and Abu Ghraib prison in Iraq, and known to medical personnel, there was no official report before the January 2004 Army investigation of military health personnel reporting abuse, degradation, or signs of torture. Mounting information from many sources, including Pentagon documents, the International Committee of the Red Cross, Amnesty International, Human Rights Watch, etc., indicate that medical personnel failed to (...) maintain medical records, conduct routine medical examinations, provide proper care of disabled and injured detainees, accurately report illnesses and injuries, and falsified medical records and death certificates. Medical personnel and medical information was also used to design and implement psychologically and physically coercive interrogations. The United States military medical system failed to protect detainee's human rights, violated the basic principles of medical ethics and ignored the basic tenets of medical professionalism. (shrink)

Dilemma situations involving the choice of which human life to save in the case of unavoidable accidents are expected to arise only rarely in the context of autonomous vehicles. Nonetheless, the scientific community has devoted significant attention to finding appropriate and acceptable automated decisions in the event that AVs or drivers of AVs were indeed to face such situations. Awad and colleagues, in their now famous paper “The Moral Machine Experiment”, used a “multilingual online ‘serious game’ for collecting large-scale (...) data on how citizens would want AVs to solve moral dilemmas in the context of unavoidable accidents.” Awad and colleagues undoubtedly collected an impressive and philosophically useful data set of armchair intuitions. However, we argue that applying their findings to the development of “global, socially acceptable principles for machine learning” would violate basic tenets of human rights law and fundamental principles of human dignity. To make its arguments, our paper cites principles of tort law, relevant case law, provisions from the Universal Declaration of Human Rights, and rules from the German Ethics Code for Autonomous and Connected Driving. (shrink)

This book establishes a defence of human rights that can be shared by both non-religious and religious people.

In the absence of effective judicial remediation mechanisms after business-related human rights violations, companies themselves are expected to establish remediation procedures for affected victims and communities. This is a challenge for both companies and victims since comprehensive company-based grievance mechanisms are currently missing. In this paper, we explore how companies can provide effective remediation after human rights violations. Accordingly, we critically assess two different approaches to conflict resolution, alternative dispute resolution and restorative justice, for their potential (...) to provide dialogue-based, non-judicial remediation. We argue that remedy through agreement-driven ADR mechanisms risks marginalizing the interests and concerns of victims and affected community members, particularly in weak institutional contexts. Hence, we develop a dialogue-driven framework for corporate remediation of human rights violations grounded on RJ principles. This restorative framework provides a comprehensive CGM that focuses on the harms and needs of victims and aims at restoring justice through restorative dialogue. Based on a prompt discovery and a thorough investigation of the grievance, companies should design and prepare the remediation process together with victims, offenders and affected community members. Through restorative dialogue with the affected parties about the circumstances and impacts of the wrongdoing, companies can repair the harm, regain legitimacy amongst stakeholders as well as transform their business practices to avoid future human rights violations. (shrink)

As corporations are going global, they are increasingly confronted with human rights challenges. As such, new ways to deal with human rights challenges in corporate operations must be developed as traditional governance mechanisms are not always able to tackle them. This article presents five different views on innovative solutions for the relationships between business and human rights that all build on empowerment, dialogue and constructive engagement. The different approaches highlight an emerging trend toward a (...) more active role for corporations in the protection of human rights. The first examines the need for enhanced dialogue between corporations and their stakeholders. The next three each examine a different facet of empowerment, a critical factor for the respect and protection of human rights: empowerment of the poor, of communities, and of consumers. The final one presents a case study of constructive corporate engagement in Myanmar (Burma). Altogether, these research projects provide insight into the complex relationships between corporate operations and human rights, by highlighting the importance of stakeholder dialogue and empowerment. All the five projects were presented during the Second Swiss Master Class in Corporate Social Responsibility, held in Lausanne, Switzerland on December 12, 2008. The audience for this conference, which examined business and human rights, was composed of researchers, governmental representatives, and business and non-governmental organization practitioners. (shrink)

Climate change threatens to infringe the human rights of many. Taking an optimistic stance, climate engineering might reduce the extent to which such rights are infringed, but it might also bring about other rights infringements. This Forum, leading off the special issue on climate engineering governance, engages three scholars in a discussion of three core issues at the intersection of human rights and climate engineering. The Forum is divided into three sections, each authored by (...) a different scholar and discussing a distinct aspect of this relationship. First, Toby Svoboda gives an overarching view of three competing approaches to human rights, grounded in philosophy; then, Holly Jean Buck looks at lessons from how the climate migration conversation brings a human rights approach to a climate policy issue; and finally, Pablo Suarez illustrates how a humanitarian approach to climate engineering works with a human rights framework. The conclusion of the Forum draws together points of overlap across the three sections and suggests a path forward for policy and research on this topic. Together, the sections show that climate engineering, should it materialize, will pose novel human rights challenges, and may well force reconsideration of how human rights are applied as a guide to action. (shrink)

_Hannah Arendt and the Challenge of Modernity_ explores the theme of human rights in the work of Hannah Arendt. Parekh argues that Arendt's contribution to this debate has been largely ignored because she does not speak in the same terms as contemporary theoreticians of human rights. Beginning by examining Arendt’s critique of human rights, and the concept of "a right to have rights" with which she contrasts the traditional understanding of human (...) class='Hi'>rights, Parekh goes on to analyze some of the tensions and paradoxes within the modern conception of human rights that Arendt brings to light, arguing that Arendt’s perspective must be understood as phenomenological and grounded in a notion of intersubjectivity that she develops in her readings of Kant and Socrates. (shrink)

Many international declarations state that human beings have a human right to health care. However, is there a human right to health care? What grounds this right, and who has the corresponding duties to promote this right? Elsewhere, I have argued that human beings have human rights to the fundamental conditions for pursuing a good life. Drawing on this fundamental conditions approach of human rights, I offer a novel way of grounding a (...) human right to health care. (shrink)

This paper addresses one of the challenges in human rights education concerning the conceptualization of a pedagogical orientation that avoids both the pitfalls of a purely juridical address and a ‘cheap sentimental’ approach. The paper uses as its point of departure Richard Rorty’s key intervention on human rights discourse and argues that a more critical orientation of Rorty’s proposal on ‘sentimental education’ has important implications for HRE. This orientation is not limited to perspectives such as Rorty’s (...) voyeuristic approach to sentimentality, but rather focuses explicitly on the emotional and political consequences of various manifestations of sentimentality. Such an orientation in HRE will not only encourage learners to become more sympathetic to the living realities of those who suffer, but it will also interrogate the conditions of hearing narratives of suffering so that possibilities for cheap sentimentality are minimized as much as possible. (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.

This article explores Alan Gewirth’s argument for a secular foundation for the idea 2 of human rights as a possible response to Michael J. Perry’s claim “that the idea of 3 human rights is…ineliminably religious.” I examine Gewirth’s reasoning for constructing 3 a theory, namely that existing theories are fundamentally flawed and leave the idea of human rights without a logically consistent foundation, before considering in detail his claims for the Principle of Generic Consistency (...) (PGC). Having looked at his critique of numerous other theories, as well as at his own argument about human action grounding basic rights to freedom and well-being, I then offer a critique of Gewirth’s PGC. Ultimately my conclusion is that Gewrith's 3 theory relies too heavily on the notions, first that we have a meta-desire not to contradict ourselves and, second, that we are unable to find persuasive justifications for our behavior that might allow us to avoid self-contradiction. If one is not troubled by charges of self-contradiction or, as is more often the case, one does not recognize that one’s victim is as much a human being as oneself, Gewirth’s theory 5 V 3 will not seem particularly persuasive. *** DIRECT SUPPORT *** A28BB025 00003. (shrink)

Advances in genomic technologies such as CRISPR‐Cas9, mitochondrial replacement techniques, and in vitro gametogenesis may soon give us more precise and efficient tools to have children with certain traits such as beauty, intelligence, and athleticism. In this paper, I propose a new approach to the ethics of reproductive genetic engineering, a human rights approach. This approach relies on two claims that have certain, independent plausibility: (a) human beings have equal moral status, and (b) human beings have (...) human rights to the fundamental conditions for pursuing a good life. I first argue that the human rights approach gives us a lower bound of when reproductive genetic engineering would be permissible. I then compare this approach with other approaches such as the libertarian, perfectionist, and life worth living approaches. Against these approaches, I argue that the human rights approach offers a novel, and more plausible, way of assessing the ethics of reproductive genetic engineering. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which (...) class='Hi'>rights discourse ascribes variable humanity to certain categories of people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

The concept of non-discrimination has been central in the feminist challenge to gendered violence within international human rights law. This article critically explores non-discrimination and the challenge it seeks to pose to gendered violence through the work of Judith Butler. Drawing upon Butler’s critique of heteronormative sex/gender, the article utilises an understanding of gendered violence as effected by the restrictive scripts of sex/gender within heteronormativity to illustrate how the development of non-discrimination within international human rights law (...) renders it ineffective to challenge gendered violence due to its own commitments to binarised and asymmetrical sex/gender. However, the article also seeks to encourage a reworking of non-discrimination beyond the heteronormative sex binary through employing Butler’s concept of cultural translation. Analysis via the lens of cultural translation reveals the fluidity of non-discrimination as a universal concept and offers new possibilities for feminist engagement with universal human rights. (shrink)

In recent years, the development process of pharmaceuticals, medical devices, and related products and the overall market of these products have become increasingly global. This paper discusses the need for better governance of one aspect of this market: the production, distribution, and use of pharmaceutical knowledge. Various controversies, some of which will be described in this paper, highlight how industry control over pharmaceutical data production has resulted in very serious threats to public health. Different practices and regulatory fields that affect (...) what I will refer to in this paper as “pharmaceutical knowledge production” are all too often artificially separated and dealt with in isolation, which seriously affects the quality of the available information on the safety and effectiveness of products. I will examine here how a human rights-based approach should inspire us to look more carefully not only at the significant human rights-related interests that are at stake, but also at the relations between the different interwoven regulatory, cultural, and social factors and how these play out at the various stages of knowledge production. (shrink)

We argue that Paul Ricoeur’s work on narrative and alienation provides a largely untapped, though potentially fruitful way of re-thinking the question of political agency within the context of globalization. We argue that the political agency of many around the world has been placed in an exceedingly fragile position due to the rapid pace of globalization, the movement of multi-national corporations from their previous national headquarters, etc. We use Ricoeur’s work to argue that the alienation of globalization is not something (...) that can be simply overcome either in a unified world-state or a retreat to protectionist nationalism, because institutional mediation—and consequently alienation—is in some sense constitutive of all politics: the world of political representation operates by its own set of rules, which are at least partially disconnected from the represented world. Using the work of Mouffe, a radical democratic theorist, we then flesh out an ideal of agonistic citizenship (which recognizes both the need for and the inevitability of discursive struggle in politics) in a number of overlapping communities of interest, rather than tying political participation solely to the sovereign government of my state. The state will remain important, but because globalization has disenfranchised so many from their participation in “local” modes of self-governance (tied to the state in which they live), we have a responsibility to re-envision what political participation means outside the traditional context of the state. Rather than merely citizens of a particular state, we need to begin thinking of ourselves politically—and then acting—as “citizens” of Green Peace, Human Rights Watch, Doctors Without Borders, or whatever other supra-local concrete universals or communities of interest to which we belong, investing the time and energy there that we might previously have invested solely in our state’s government. (By implication, we must also ensure that these organizations work in transparent democratic ways themselves.) We believe that by re-plotting our narratives of political engagement in this way, we can positively respond to the alienation created by globalization, while avoiding both the extremes of “McWorld” (hyperglobalism) and “Jihad” (complete skepticism towards, or war against globalization) that Benjamin Barber and David Held have recently described. (shrink)

Hannah Arendt's 1949 essay on the critique of human rights was published in English and German in the same year under two quite different titles: while in English the title asks the skeptical question: "'The Rights of Man'. What Are They?", the German title claims: "Es gibt nur ein einziges Menschenrecht " - "there is only one human right". The article shows that the English title's skepticism and the German title's assertion represent two internally connected moves (...) of Arendt's argument. For Arendt aims at a fundamental critique of the modern natural law tradition of human rights which, at the same time, hints at a possible alternative understanding of a " right to have rights" in terms of a political anthropology - a new understanding of human dignity. (shrink)

A few days ago, the 1994 film festival sponsored by Human Rights Watch occurred. One of the movies shown was Moving the Mountain, directed by a famous movie director from Britain and produced by an American studio. The film was about a young man from mainland China named Li Lu.

On 7 April 2022 – coinciding with World Health Day – the British Medical Association launched its new report, Health and human rights in the new world order.1 Written during the global upheaval triggered by the COVID-19 pandemic, and published just weeks after the Russian invasion of Ukraine, the report responds to a range of emerging and intensifying threats to health-related human rights globally. As the report establishes, human rights in health and healthcare matter (...) because human suffering, and its relief, are fundamental moral issues. As relief of human suffering is the primary purpose of medicine, it follows that doctors and other health professionals are often active in times of human challenge and extremity. During conflict, humanitarian crises, and, as we have so recently seen, global public health emergencies, health professionals are essential to the response. But these crises – and the response to them – can put fundamental human rights and interests under pressure. The Russian invasion of Ukraine has seen sustained indiscriminate shelling of civilian infrastructure. Whether health facilities were directly targeted is moot – the indiscriminate nature of the assault means they will inevitably be hit. Not only is this a violation of the Geneva Conventions, it undermines fundamental human rights, not least of which the right to health. Destroying health infrastructure drives further suffering and delays post-conflict recovery. Public heath emergencies can rightly require draconian measures – social distancing, enforced isolation, location tracking, economic shutdown. Although we saw their necessity during the COVID-19 outbreak, concerns were raised about disproportionate restrictions on basic rights, including rights to privacy and liberty. Human Rights Watch drew attention to the way governments unlawfully exploited COVID-19 to crack down on fundamental rights.2 Although conflicts and public health emergencies are not new, the report also tracks a number of …. (shrink)

The argument of this article is that what I term generic globalization has created unprecedented opportunities for advances in human rights universally, but that the dominant actually existing historical form of globalization ? capitalist globalization ? undermines these opportunities. Substantively, I argue that taking the globalization of human rights seriously means eliminating the ideological distinction that exists between civil and political rights on the one hand, and economic and social rights on the other. Doing (...) this systematically undermines the three central claims of capitalist globalization ? namely, that globalizing corporations are the most efficient and equitable form of production, distribution and exchange; that the transnational capitalist class organizes communities and the global order in the best interests of everyone; and that the culture-ideology of consumerism will satisfy our real needs. (shrink)

This paper centres on the question as to whether human rights can be reconciled with patriotism. It lays out the more conventional arguments which perceive them as incommensurable concepts. A central aspect of this incommensurability relates to the close historical tie between patriotism and the state. One further dimension of this argument is then articulated, namely, the contention that patriotism is an explicitly political concept. The implicit antagonism between, on the one hand, the state, politics and patriotism, and, (...) on the other hand, human rights, is illustrated via the work of Carl Schmitt. However, in the last few decades there has been a resurgence of interest in patriotism and an attempt to formulate a more moderate form, which tries to reconcile itself with universal ethical themes. Some of these arguments are briefly summarised; the discussion then focuses on Jürgen Habermas’s understanding of constitutional patriotism. This is seen to provide an effective response to Schmitt’s arguments. There are weaknesses in the constitutional patriotic argument which relate to its limited understanding of both the state and politics. This leads me to formulate my own argument for “unpatriotic patriotism.” The discussion then examines and responds to certain potential criticisms of this argument. (shrink)

The "delegitimation," which is progressing rapidly, was carried forward in December by a Human Rights Watch call on the U.S."to suspend financing to Israel in an amount equivalent to the costs of Israel's spending in support of settlements," and to monitor contributions to Israel from tax-exempt U.S. organizations that violate international law, "including prohibitions against discrimination" -- which would cast a wide net. Amnesty International had already called for an arms embargo on Israel. The legitimation process also (...) took a long step forward in December, when Argentina, Bolivia and Brazil recognized the State of Palestine, bringing the number of supporting nations to more than 100. (shrink)

ExcerptOne of the most disappointing human rights debacles in the last few years was the withdrawal of U.S. forces from Afghanistan. For those who still take an interest,1 the human rights situation there has become horrendous, with Human Rights Watch documenting the denial of schooling and employment to women, extrajudicial killings, and torture.2 Moreover, in a severe rebuttal to those who supported the withdrawal, Taliban rule has created the conditions for a renewal of (...) terrorist groups that can now develop and train in Afghanistan with impunity.3 There is also a good case to be made that the U.S. withdrawal there emboldened Putin to invade Ukraine, calculating that the United States and its allies no longer have the stomach for protracted conflicts in order to prevent human rights abuses. It may be that we have traded a low-grade conflict in Afghanistan for a high-intensity one in Ukraine.4 The lesson here is that the struggle for human rights, while beginning as a moral problem about our common responsibilities, can only be taken seriously when we consider its political ramifications. What do we owe to our fellow humans, and what sacrifices should we make in order to fulfill those responsibilities? (shrink)

This brief 1994 book review essay (5500 words) examines Telford Taylor's memoir, The Anatomy of the Nuremberg Trials (1992). The review is a personal one, set against two things - the author's work, while reading Taylor's memoir, in Iraq for Human Rights Watch leading a forensic team excavating Kurdish victims of the 1988 al-Anfal campaign, and the diplomatic discussions leading to the formation of the International Criminal Tribunal for Yugoslavia. The essay argues that the Nuremberg trials, according (...) to Taylor, had a certain deflationary emotional affect - deliberately ratcheting down the emotions of what had occurred to the limited world of the courtroom. It was able to do that because the WWII allies had been willing to pay the price of victory and had 'earned' the right to conduct a trial. The Yugoslavia tribunal, by contrast, and at that time, was premised on a claim to universal justice that did not depend upon the willingness of its sponsors to intervene in the slaughter in the former Yugoslavia. "Nuremberg was a lovely hood ornament," said one of the author's unnamed sources, a senior European military judge advocate, "on the ungainly vehicle that liberated Western Europe, but it was not a substitute for D-Day.". (shrink)

In the discussion of moral diversity the most influential approaches have been relativism, monism and minimum universalism. In this paper I argue, however, that this kind of general distinction is not as such very helpful. It does not show what is really decisive in those approaches and what is the crucial distinguishing feature among them. The most important issue, I think, is the relationship between rules that guide human beings in their pursuit of the good life and rules that (...) specify what people can do in relation to one another. Generally speaking, moral doctrines, or theories, can be divided into two categories on the basis of their answer to this question. Some doctrines—which may be called comprehensive—begin with a definite account of the highest good and determine the rights and duties of human beings on the basis of this account. Other theories, non-comprehensive, treat these two as separate issues that should not be mixed. Although such a distinction is seldom explicitly made, its significance is evident, for instance in the current discussion of human rights. Various religiously and culturally motivated reinterpretations of human rights quite distinctively stand for the former view. Moreover, even though the Universal Declaration of Human Rights clearly represents the latter approach, it has been claimed that it nevertheless puts forward a specifically Western life ideal. In order to make sense of the human rights discourse at all, it is of fundamental importance to distinguish between comprehensive and non-comprehensive approaches. Without such a distinction it is difficult to determine how to deal with competing claims about the origin, range and content of human rights (or common moral standards), not to speak of deciding between these claims. (shrink)

In this paper, I want to ascertain whether there is an interest-based moral position to claim in Confucian ethics. This is crucial to a further ascertainment of moral human rights in Confucianism, because a moral position to claim is a necessary condition to a moral right. Upon careful textual analysis of some of the passages in Mencius, I argued that such moral position to claim is implicit but actually available in Confucian ethics. In a review of the Punishment (...) of the Outcast in Mencius 1B:8, I argued that Mencius not only agrees that people should revolt against the despots, but also that their doing so signifies what Joel Feinberg calls “the activity of claiming.” In other words, it is Mencius’ point of view that when things come to a person’s vital interests, namely one’s own life in this case, it is morally justified for one to act thus claim on one’s interests. I conclude that while an interest-based moral position to claim is found present in Confucian ethics, this does not necessarily mean that a Confucian moral rights discourse is ready. While such position to claim is no doubt crucial to a ‘rights-engineering’ in Confucianethics, attempts to ascertain other elements of a moral right, namely a claim-against and a moral duty are required. (shrink)

The demonstrations of monks in Tibet and Myanmar (Burma) in recent times as well as the age-old conflict between a predominantly Buddhist population and a Hindu minority in Sri Lanka raise the question of how the issues of human rights and Buddhism are related. The question applies both to the violation of basic rights in Buddhist countries and to the defence of those rights which are well-grounded in Buddhist teachings. The volume provides academic essays that reflect (...) this up to now rather neglected issue from the point of view of the three main Buddhist traditions, Theravada, Mahayana and Vajrayana. It provides multi-faceted and surprising insights into a rather unlikely relationship. (shrink)

Human rights may be the most globalized political value of our times. The rights paradigm has been criticized, however, for being theoretically unsound, legalistic, individualistic and based on the assumption that there is a given and universal humanness. Its use in the area of health is relatively new. Proponents point to its power to frame health as an entitlement rather than a commodity. The problems and the possibilities of a rights approach in addressing health ethics issues (...) are explored in this article. (shrink)

Human rights may be the most globalized political value of our times. The rights paradigm has been criticized, however, for being theoretically unsound, legalistic, individualistic and based on the assumption that there is a given and universal humanness. Its use in the area of health is relatively new. Proponents point to its power to frame health as an entitlement rather than a commodity. The problems and the possibilities of a rights approach in addressing health ethics issues (...) are explored in this article. (shrink)

Now is a good time to take stock of the global progress made toward achieving the ideals enshrined in the Universal Declaration of Human Rights, which was passed by the UN General Assembly seventy years ago. Though the UDHR has played a vital role in advancing human rights globally, threats to human rights areever present. Two issues in particular stand out as barriers to further progress. The first is state sovereignty, which presents a fundamental (...) challenge to any effort to establish universal norms. Without strong global institutional mechanisms to ensure implementation, UDHR's impact remains limited. The second major concern is the “siloing” of human rights efforts, whereby civil and political rights have been given primacy over social and economic rights. Emphasis on some principles to the exclusion of others undermines the comprehensive advancement of human rights. The current state of affairs is a product of the collective failure to address human rights holistically and to implement real monitoring and accountability measures for states, which are directly charged with upholding them within their borders. (shrink)

Al-Shāfi’ī has been unreservedly credited as one of the designers, if not the “master architect,” of uṣūl al-fiqh. His most important scholarly work, Al-Risālah, clearly demonstrates his cognitive creativity in this field. One of the methodologies for the decision of cases under Islamic law that Al-Shāfi’ī championed is qiyās, which he equated with ijtihād. His balanced approach invites further enquiry into the extensive use of qiyās in general and in criminal law in particular. The extent to which qiyās can be (...) applied to Islamic criminal law depends upon the degree or typology of qiyās being used, taking into account the Islamic theory of criminology. This article will analyse the position of al-Shāfi’ī in this regard. It will critically examine al-Shāfi’ī’s complex views on the use of qiyās as a method for establishing culpability under Islamic criminal law. It will then explore how his position corresponds to the human rights paradigm in the contemporary age. This article concludes that, while the use of qiyās in criminal law, especially in law of retaliation and predetermined punishments in accordance with al-Shāfi’ī’s approach is tantamount to incriminating a person based on less than certainty, it also represents the most promising way of protecting the right of victim. (shrink)

Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility (...) of basic values. Realisation of the primary aim of this paper is linked to the problem of different meanings of the notion of universality, used in the context of the universal system of the protection of human rights. First, descriptive and normative meanings have to be distinguished. In the case of normative sense, there are moral and legal meanings of “universality”. An axiological justification of the universality of human rights in the legal sense leads to the legitimisation of the universal system. It is shown that modifications of – broadly accepted in the Polish theory of law – definitions of an axiological justification of legal norms are needed. These definitions base such a justification on the valuations made by particular groups of subjects. It is argued that it is much more convenient to refer to valuations understood as meanings of sentences of certain kind. -/- Streszczenie W artykule zmierza się do uzasadnienia tezy, że legitymizacja uniwersalnego systemu ochrony praw człowieka jest oparta nie tyle na treści wartości uznawanych w tym systemie, ale na uznanych w nich rozstrzygnięciach metaaksjologicznych, dotyczących tego, jak istnieją wartości podstawowe dla tego systemu i czy są one poznawalne. Walor legitymizacyjny posiada przede wszystkim uznanie obiektywnego charakteru tych wartości i ich poznawalności. Realizacja zasadniczego celu zakłada uporządkowanie podstawowych pojęć dotyczących problematyki powszechności praw człowieka – termin „powszechność” stosowany w odniesieniu do praw człowieka w kontekście uniwersalnego systemu ochrony ma wiele znaczeń. Przede wszystkim odróżnić trzeba powszechność w aspekcie opisowym i w aspekcie normatywnym. W przypadku powszechności w aspekcie normatywnym w grę może wchodzić powszechność w sensie ideowym i powszechność w sensie pozytywnoprawnym. Uzasadnienie tej ostatniej jest też uzasadnieniem poszukiwanej tu legitymizacji uniwersalnego systemu ochrony praw człowieka. Prowadzone analizy prowadza także do sformułowania postulatów dotyczących sposobu definiowania uzasadnienia aksjologicznego norm prawnych. Modyfikacji wymagają powszechnie przyjmowane w polskiej teorii prawa definicje relatywizujące takie uzasadnienie do ocen przyjmowanych przez konkretne podmioty oceniające lub ich grupy. (shrink)

In this essay, I focus on Norberto Bobbio’s reflections on human rights. Firstly, I seek to establish his underlying conception of philosophy: although it is impossible to spell out the philosophical foundations of human rights, this does not imply that philosophical thought, in the sense of critical reason, cannot make a useful contribution and provide valuable arguments in support of human rights. Secondly, I examine the related issue of the justification of human (...) class='Hi'>rights and assess his theory on the basis of its own conception of a possible foundation. The way we answer the question of coherence also clarifies (a) what model of civil association is compatible with such a foundation, i.e. with such a worldview; (b) what model is absolutely incompatible with it; and finally (c) what intermediate solutions are there, if there are any. I argue that the communitarian variants of the conception of rights are distortions: collective or cultural rights, i.e. rights of a community towards which all of its members have duties, appearing alongside individual rights, trump individual rights, i.e. the rights linked to personhood that once constituted the most effective legal and political means for emancipating the individual from the power of the community. I therefore consider the “Copernican Revolution” of individualism and its consequences in Bobbio’s thought. As the example of personal freedom shows, where rights are ascribed principally to groups or communities rather than to individuals, we have good reason to fear that rights will turn out to be merely the privilege of the few. Once we follow this line of though in Bobbio, the ecumenical openness to alternative approaches and the argument from “the consensus of the people” yield to a clearly universalistic perspective that derives from the Enlightenment and can be interpreted as the product of the specifically modern version of natural law theory. (shrink)

One domain of corporate responsibility that is receiving considerable attention is whether and to what extent corporations have human rights obligations. The United Nations, through the work of Special Representative to the Secretary-General John Ruggie, has developed a framework seeking to clarify the responsibilities of businesses related to human rights. However, this framework adopts a limited, “do no harm” expectation for corporations that fails to capture the positive role that corporations can play in this social responsibility (...) domain. In this paper we take up the institutional pressures affecting corporations with regard to human rights, summarize some of the critiques of the Ruggie framework, offer moral imagination and stakeholder engagement as complements to this framework’s current approach, and conclude with a dialectical analysis that in time might lead to a new consensus in this area. (shrink)

While it is generally assumed that large corporations today give rhetorical support for basic human rights in public relations documents, skepticism continues toarise about the behavior of these firms. Do company actions support their rhetoric? This paper provides the initial analysis of our study of both rhetoric and practice regarding human rights in a small sample of large U.S. firms. At this point in the analysis, UNGC membership does not appear to have much influence on corporate (...) rhetoric, but may be partially correlated with several measures of corporate performance on human rights issues. (shrink)

This paper considers the relationship between corporations and global human rights. This relationship lies at the heart of the 2010 conference theme “Business and the Sustainable Commons.” A human or natural right is one that is inherent, and thus universal, in being human. It is typical to distinguish between civil and political rights as a category (thus supposing constitutional democracy in some form); and economic, social, and cultural rights (thus implying minimum conditions such as (...) food, work, education, culture, and so forth). A right for one person implies a duty (not necessarily binding) for some other person or entity. The paper assesses the duty on corporations imposed by definition of global human rights. Such rights also involve considerations of enforcement and funding (or compensation). (shrink)