Philosophical interest in disability is rapidly expanding. Philosophers are beginning to grasp the complexity of disability--as a category, with respect to well-being and as a marker of identity. However, the philosophical literature on justice and human rights has often been limited in scope and somewhat abstract. Not enough sustained attention has been paid to the concrete claims made by people with disabilities, concerning their human rights, their legal entitlements and their access to important goods, services and (...) resources. This book discusses how effectively philosophical approaches to distributive justice and human rights can support these concrete claims. It argues that these approaches often fail to lend clear support to common disability demands, revealing both the limitations of existing philosophical theories and the inflated nature of some of these demands. Moving beyond entitlements, the author also develops a unique conception of dignity, which she argues illuminates the specific indignities experienced by people with disabilities in the allocation of goods, in the common experience of discrimination and in a wide range of interpersonal interactions. Disability with Dignity offers an accessible and extended philosophical discussion of disability, justice and human rights. It provides a comprehensive assessment of the benefits and pitfalls of theories of human rights and justice for advancing justice for the disabled. It brings the moral importance of dignity to the centre, arguing that justice must be pursued in a way that preserves and promotes the dignity of people with disabilities. (shrink)

This article defends a novel, normative conception of the indivisibility of human rights. Human rights are indivisible because normative commitment to one mutually entails normative commitment to another. The normative conception enables us to defend three important theoretical and practical corollaries. First, as a conceptual thesis normative indivisibility lets us see how human rights constitute a unified system not liable to the typical counter-examples to indivisibility as mutual indispensability. Second, as a dialectical thesis, normative (...) indivisibility can support linkage arguments in defense of controversial human rights. And third, as a political thesis, normative indivisibility can show why the political thesis of indivisibility means that states lack discretion to ‘pick and choose’ which human rights to implement. (shrink)

There is a wide spectrum in reading Michael Ondaatje’s novel Anil’s Ghost, ranging from thinkers who explore literary, historical, to ethico-ontological and political aspects. I confine the study by strictly retrieving the subjectivity of the human rights victim as not rested in its being a subject and victim, hence as a specter that haunts or ‘retaliates’ into exposing its victimization. This article attempts to read the spectral nature of this victim using Derrida and Žižek. The Derridean reading grounds (...) the central spectrality on his hauntology and what it says about the victim’s ghostly character. Later, I expound on the act of haunting from a Žižekean standpoint by hinging on the notion of ‘drive’ that exposes the nature of victimization as depoliticizing the subject. (shrink)

This third edition anthology provides a contemporary survey of current international issues for study across social science disciplines. New chapters discuss the reproductive justice in the US, immigration politics and medical duty during pandemics, climate change implications for bioethics, acoustic weaponry technologies, and vaccine politics.

The much-lamented anthropocentrism of human rights is misleading. Human rights anthropocentrism is radically attenuated and reflects persistent patterns of intra- and interspecies injustice and binary subject–object relations inapt for twenty-first-century crises and posthuman complexities. This article explores the possibility of reimagining the “human” of human rights in the light of anti- and post-Cartesian analyses drawing—in particular—upon Merleau-Ponty and on new materialism. This article also seeks to reimagine human rights themselves as responsibilized, (...) injustice-sensitive claim concepts emerging in the “midst of” lively materialities and the uneven global dynamics of twenty-first-century predicaments. (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.

The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the (...) ‘Pinto Act’), it soon appeared that such a remedy could be considered ‘effective’ in so far as it was implemented in accordance with the ECtHR’s jurisprudence. Therefore a legal tool for the interaction between ECtHR and Italian courts had to be found. Nevertheless, the results of this interaction might suggest that the domestic remedy has neither increased the protection of the reasonable-time requirement in Italy nor is it the final solution to the ECtHR’s overload. (shrink)

In Justice for People on the Move (2020), Gillian Brock argues that immigration bans targeting religions run afoul of international human rights agreements and practices concerning equal protection under the law, freedom of conscience, and freedom of religion. Religion-targeted bans are also said to violate ethical requirements for legitimacy by not treating immigration applicants fairly and signalling the acceptability of hatred and intolerance. Brock centres her discussion around the example of the Trump administration’s 2017 Muslim ban, for which (...) she notes additional problems such as the ban’s being motivated by dubious empirical assumptions about the risk of terrorism. I raise two challenges for Brock’s argument. I begin by asking whether banning the immigration of individuals from certain Muslim majority countries could be justified on the grounds that a large portion of the population in those countries appear to reject core liberal values such as the equal rights of women and homosexuals. This leads to my primary challenge, which concerns the practice of treating religion as a morally protected category such that discrimination based on religion is inherently impermissible. I argue that religions should be viewed as more akin to political ideologies than to morally arbitrary categories like race and sex, and that if a given religion is genuinely harmful to liberal values, an immigration ban could in principle be compatible with respect for human rights. (shrink)

We live in a world in which the idea of human rights is persistently invoked. However, despite the tremendous appeal of the idea of human rights, it is also seen by many as lacking in foundation. I have argued, particularly in my book The Idea of Justice, that human rights are best seen as articulations of commitments in social ethics, comparable to — but very different from — accepting utilitarian reasoning. Like other ethical tenets, (...) human rights can, of course, be disputed, but the claim is that they will survive open and informed scrutiny.This view contrasts with seeing human rights in primarily legal terms, either as consequences of humane legislation, or as precursors of legal rights, or as pointing towards what should ideally be legal rights. Human rights may well be reflected in legislation, may inspire legislation, and may even serve, in many circumstances, as ideals that demand legislative attention. However, these are ‘further facts’— not the defining characteristics of human rights. (shrink)

Yuval Harari believes that humans make myths, and that these can be powerful engines for social change. One of these myths, claims Harari, is the existence of ‘liberal rights’. This article challenges that claim and defends the idea of grounding rights in human nature.

This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would mean (...) failing to meet the standards of a legitimate democratic state. (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)

This article examines the moral, political and pedagogical tensions that are created from the entanglement of patriotism and human rights, and sketches a response to these tensions in the context of critical education. The article begins with a brief review of different forms of patriotism, especially as those relate to human rights, and explains why some of these forms may be morally or politically valuable. Then, it offers a brief overview of human rights critiques, (...) especially from the perspectives of Foucault, critical legal studies and postcolonial theory, and emphasizes that foundationalist perspectives of human rights need to be constantly contested. The next part of the article discusses how to overcome issues of incompatibility between patriotism and human rights. The final part proposes that a ‘rapprochement’ between patriotism and human rights in the context of critical education has to take into consideration that patriotic feelings (as a form of love for one’s country) constitute a particular form of ‘emotional education’. As such, the teaching of both patriotism and human rights would benefit from the notion of ‘critical pedagogies of emotion’ that interrogates the emotional commitments of patriotism and human rights and the consequences of these commitments. (shrink)

A review of what a "human right" is. It is a claim that every person can make as an individual who is a part of the human race and which requires an underlying respect for all human beings. The author maintains that human rights can only be realized through conversations with those across all genders, ages, cultures and religions.

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 sum, this book offers a rich tapestry of ideas and critical discussions, each chapter contributing to a deeper understanding of the complex interplay between education, philosophy, and human rights.

This revised and extended edition explains and defends the conception of human rights found in the Universal Declaration of Human Rights (1948) and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified. Chapters: 1. The Contemporary Idea of Human Rights; 2. Human Rights as Rights; 3. (...) Making Sense of Human Rights; 4. Starting Points for Justifying Human Rights; 5. A Framework for Justifying Specific Rights; 6. The List Question; 7. Due Process Rights and Terrorist Emergencies; 8. Economic Liberties as Fundamental Freedoms; 9. Social Rights as Human Rights; 10. Minority Rights; 11. Eight Responses to the Relativist; 12. The Good Sense in Human Rights. (shrink)

A collection of essays with themes in human rights and legal history, spanning several centuries, containing a tribute to one of the most remarkable jurists of our time. Linked by an historical and contextual approach, these essays add to knowledge of legal history and human rights and provide a reference point for future research.

This book, based on the prestigious Oxford Amnesty Lecture series, focuses on human rights abuses, and the ways in which they are interpreted. The collection includes contributions by Tzvetan Todorov, Michael Ignatieff, Peter Singer, Gitta Sereny, Susan Sontag, and Eva Hoffman, with commentaries on their essays by Niall Fergusson, Timothy Garton Ash, John Broome, Hermione Lee and others.

Enthusiasts of the idea of globalization often view international human rights institutions as part of an emerging global governance regime. They claim that these institutions illustrate how state sovereignty is being diminished. This paper looks at the international system for thepromotion and protection of human rights aspart of normative globalization. It arguesthat this system does not constitute a systemof global governance, although in some areas itcomes close.

This paper discusses citizenship in Finnish religious education in relation to human security. It traces the characteristics of human security that connect citizenship, religion, and education in Finnish policy documents. The article focuses on basic education. Its data were analyzed employing qualitative content analysis. The findings indicate that citizenship in Finnish RE entails personal security concerns dealing with psychological and human rights issues. These are found to be essentially human security as conceptualized by the United (...) Nations. However, Finnish policy documents sparingly utilize human security in explicit terms. Finland rather emphasizes the practical applications of human security. Incorporation of explicit global citizen and human rights issues into RE in the new Finnish curriculum seems to project critical global citizenship. This is found to promote human security. Following Finland’s bid for practical application of human security, we recommend that human security be explicitly integrated into the Finnish RE curriculum. (shrink)

Backlashing is a perennial challenge for human rights. Its manifestation in various forms including the repudiation of human rights standards or resistance to being evaluated by them has made the phenomena central to the discourses on human rights. The backlash or reversal of progress, a strong negative reaction, and counter reactions have been witnessed in various settings across the world. An analysis of the phenomena what can be called the backlash analysis is done in (...) light of specific rights like LGBT rights, women’s sexual and reproductive freedom, rights of immigrants and ethnic and religious minorities. The analysis also covers the behaviour of institutions and movements. The backlashers have been identified as state institutions, a group of states, movements and non-state actors. With growing attention on the subject, it is of great value to ascertain whether there a way to comprehensively understand it? (shrink)

The natural rights with which we have been dealing are, however, inseparably connected, in the very person who is their subject, with just as many respectiveduties; and rights as well as duties find their source, their sustenance and their inviolability in the natural law which grants or enjoins them.Since men are social by nature they are meant to live with others and to work for one another’s welfare. A well-ordered human society requires that men recognize and observe (...) their mutual rights and duties. It also demands that each contribute generously to the establishment of a civic order in which rights and duties are more sincerely and effectively acknowledged and fulfilled. (shrink)

Thesis -University of KwaZulu-Natal, Pietermaritzburg, 2013.