Is there a human right to subsistence? A satisfactory answer to this question will explain what makes human rights distinctive, what is meant by subsistence, and why subsistence is an appropriate content of a human right. This article situates the human right to subsistence within the context of recent philosophical discussions of human rights. The argument for human subsistence rights provides an instructive example of how to (...) understand what human rights are, why we must affirm them, and how they fit together as a coherent group. I begin the article by outlining the meaning, content, and justification of human rights in general. I then identify the strongest arguments for affirming a human right to subsistence and the most powerful objections to such a right. Finally, I address the worry about human rights inflation and question any minimalist understanding of human rights that would either exclude subsistence rights altogether or limit their scope in certain ways. (shrink)

That there is a human right to subsistence is a basic assumption for most moral and political theorists interested in the problem of global poverty, but it is not one exempt from controversy. In this article, I examine four justifications for this right and suggest that it takes the form of a claim, that is, a right which creates correlative duties on others who are then taken to be the main agents in its fulfillment. I (...) point to some criticisms made against this conceptualization and offer an alternative approach that emphasizes the key importance of the moral and political agency of the needy. Two aspects of this approach are that the needy are seen as actors in their own right when it comes to poverty alleviation measures and their demands are no longer seen as demands for mere subsistence but ultimately for putting an end to their political marginalization and exclusion. Towards the end, I point to the complementarity of both views. (shrink)

The much-discussed “claimability objection” holds that it is unjustified to believe that all individuals have a human right to subsistence because the bearers of the correlative duties are not sufficiently determined. This argument is based on the so-called “claimability-condition”: S has a right to P if and only if the duty-bearer is sufficiently determined. Practice-based theorists defend the human right to subsistence by arguing that if we take the existing human rights practice (...) seriously, there is no indeterminacy about the allocation of duties. In this paper, I challenge this (apparently compelling) defense of the human right to subsistence with a dilemma. If the claimability condition is true, the practice-based defense fails to undermine the claimability objection because the duty-bearer is determined in some, but not all, cases. If practice-based theorists reject the claimability condition, they generate an account of human rights that is problematic from the practical perspective because it may contain duties that are unable to guide action. (shrink)

The claimability objection rejects the inclusion of a right to subsistence among human rights because the duties thought to correlate with this right are undirected, and thus it is not claimable. This objection is open to two replies: One denies that claimability is an existence condition on rights. The second suggests that the human right to subsistence actually is claimable. I argue that although neither reply succeeds on the conventional interpretation of the (...) class='Hi'>human right to subsistence, an alternative ‘practical’ interpretation provides a viable approach to vindicating this right. (shrink)

Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts (...) as a reasonable burden for any of the available agents to secure subsistence. No justifiable principle exists implying generalised perfect duties any agent could clearly follow or clearly breach that secure subsistence conditions for others. At best we can justify rescue duties under very specific conditions, or general but imperfect duties to improve arrangements. Neither of these obviously correlates with human rights standards. Attempts in the literature to overcome the dilemma by claiming basic rights can correlate with imperfect duties or can generate duties to work towards institutions that ‘perfect’ our imperfect duties, are faulty. I then show how the dilemma can be avoided by accounts of human rights focusing on minimum respectful treatment rather than goods or interests. (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.

I argue that recognizing a human right to adequate food and enforcing it as a legal right is an important way to promote and ensure sustainable food security. I consider objections that have been raised against subsistence rights and socio-economic rights, including the argument that such rights are not feasible, that they are not justiciable, and that they are too amorphous—that it is not clear what is required to fulfill these rights and by whom. I defend (...) the right to adequate food against these objections by considering how this right has been interpreted and applied in international law and how it has been protected in other domestic legal systems. I analyze different dimensions of the right to adequate food and I apply these to recent issues concerning sustainable food security in the United States, such as food deserts. (shrink)

I address the usefulness of thinking about a human right to subsistence within conceptions of human rights grounded in ordinary moral reasoning. I argue that that natural rights should be understood as rights in rem, with their dynamism constrained by the requirements of justification and their scope constrained by the distinction between perfect and imperfect duty. I then suggest that many of the most pressing demands which the moral significance of subsistence needs create are plausibly (...) imperfect duties, and so cannot correlate to a natural right to subsistence. This restricts the helpfulness of a human right to subsistence in our reasoning about what we owe to others. (shrink)

The central question I address is whether the inclusion of a right to subsistence among human rights can be justified. The human right to subsistence is conventionally interpreted as a fundamental right to a basic living standard characterized as having access to the material means for subsistence. It is widely thought to entail duties of protection against deprivation and duties of assistance in acquiring access to the material means for subsistence. The (...) inclusion of a right to subsistence among human rights interpreted in this way has been met with considerable resistance, particularly on the part of those who argue that fundamental rights cannot entail positive duties. My purpose in this dissertation is to consider whether a plausible interpretation of the human right to subsistence can succeed in overcoming the most forceful and persistent objections to it. My main thesis is that a minimal interpretation of the human right to subsistence according to which it is a right not to be deprived of access to the means for subsistence provides the strongest interpretation of this right. Although the idea that the human right to subsistence correlates with negative duties is not new, discussion of these duties has been overshadowed in the literature by debate over the positive duties conventionally thought to be entailed by it. I show that the human right to subsistence interpreted as a right not to be deprived of access to the means for subsistence makes an important contribution to reasoning about the normative implications of global poverty. (shrink)

This paper constitutes an exploration and evaluation of the so-called ‘linkage argument' in support of the inclusion of a right to subsistence among human rights. While it is uncontroversial that avoiding poverty is hugely important for all humans, the human right to subsistence and other socio-economic human rights are often regarded as social goals rather than genuine rights. The linkage argument aims to show that a commitment to the existence of any human (...) rights at all entails a commitment to the inclusion of a right to subsistence among them. I argue that the linkage argument does not succeed in vindicating the inclusion of a right to subsistence among moral human rights, but I conclude that a modified version of it might support the justification of a legal human right to subsistence. (shrink)

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy (...) of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike other legal rights, they possess universal moral validity. In this paper I argue that this tension between the legal and moral aspects of human rights can be resolved if and only if human rights are conceived as moral aspirations and not simply as legal claims. In particular, I shall argue that there are two reasons why human rights must be understood as moral aspirations that function non-juridically: First, the basic human goods to which human rights provide secure access are determinable only in relation to basic human capabilities that are progressively revealed in the course of an indefinite (fully inclusive and universal) process of collective learning; second, the institutional impediments to enjoying human rights are cultural in nature and cannot be remedied by means of legal coercion. (shrink)

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

It is often argued that concerns about the equity of a global climate agreement might appropriately be addressed in the language of human rights. The human rights approach has been promoted by a number of international political actors, including the UN Human Rights Council. As such, human rights are instrumentally applied as a solution to what could be called the “justice problem” in climate negotiations. In order to assess the degree to which human rights could (...) be a useful approach to the justice problem with regard to to climate change, four major issues need to be examined. First, there is the distinction between human rights as protection against climate change versus the right to emit greenhouse gases. Both understandings are found in the debate on climate justice, but they are often not made explicit. Second, the “human rights as protection” approach with a focus on right holders, both presently and in the future, needs to be elucidated, as well as the human rights principles that are at stake, and the duties and duty holders involved. Third, the human right to emit greenhouse gases needs to be clarified in the context of subsistence rights and equal per capita emission rights. Finally, there is the question of whether the cosmopolitan conception of human rights is at odds with the goal of ensuring that individuals assume responsibility for their own carbon-dependent lifestyle. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because (...) of its multivalence, the concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Human rights instruments exist to respond to serious dangers that human beings routinely face, what Henry Shue terms ‘standard threats.’ According to Shue’s influential account of the structure of a moral right, these threats are ‘the targets of the social guarantees for the enjoyment of … a right.’ They are ‘common, or ordinary, and serious but remediable.’ Yet for individuals who struggle daily against serious, remediable threats that are common to their peer group, but do not (...) routinely threaten mainstream society, this oversight has enormous implications for their security, subsistence, freedom, and dignity. This paper examines the three elements of Shue’s standard threat. It concludes by making the case that if we are to deploy this element of the structure of moral rights to justify social guarantees of protection, and to craft them in a way that takes proper account of human diversity, then we must ask: Standard for whom? (shrink)

What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks (...) at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each section is structured as a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question. The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights. (shrink)

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and (...) particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. conomic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. (shrink)

During the 1940s, Zhang Junmai was a leader of the China Democratic Socialist Party and an important figure of the socalled third force in the struggle between the Chinese Communist Party and the GMD. Zhang kept himself informed about discussions on human rights in the West and the work in progress in the United Nations on the Universal Declaration of Human Rights. During the 1940s, Zhang discussed human rights in the magazines Zaisheng and Minxian. He introduced and (...) translated discussions on human rights in the West, such as the declaration of human rights adopted by the French organization Ligue des Droits de l'homme in 1936, and a human rights manifesto written by H.G. Wells in 1939. Both these declarations were fairly radical in nature and called for economic rights, including the right to subsistence. (shrink)

Arguing that issues of both emissions and subsistence should be comprehended within a single framework of justice, the proposal here is that this broader framework be developed by reference to the idea of "ecological space.".

As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This is (...) because the concept of responsibility, despite being treated as such, is not monolithic: rather this seemingly unified concept consists of converging and confluent concepts that shape the idea of what we colloquially call responsibility. From a different perspective, robotics will be simultaneously responsible and irresponsible depending on the particular concept of responsibility that is foregrounded: an observation that cuts against the grain of the drive towards responsible robotics. This problem is further compounded by responsible design and development as contrasted to responsible use. From a different perspective, the difficulty in defining the concept of responsibility in robotics is because human responsibility is the main frame of reference. Robotic systems are increasingly expected to achieve the human-level performance, including the capacities associated with responsibility and other criteria which are necessary to act responsibly. This subsists within a larger phenomenon where the difference between humans and non-humans, be it animals or artificial systems, appears to be increasingly blurred, thereby disrupting orthodox understandings of responsibility. This paper seeks to supplement the responsible robotics impulse by proposing a complementary set of human rights directed specifically against the harms arising from robotic and artificial intelligence technologies. The relationship between responsibilities of the agent and the rights of the patient suggest that a rights regime is the other side of responsibility coin. The major distinction of this approach is to invert the power relationship: while human agents are perceived to control robotic patients, the prospect for this to become reversed is beginning. As robotic technologies become ever more sophisticated, and even genuinely complex, asserting human rights directly against robotic harms become increasingly important. Such an approach includes not only developing human rights that ‘protect’ humans but also ‘strengthen’ people against the challenges introduced by robotics and AI [This distinction parallels Berlin’s negative and positive concepts of liberty ], by emphasising the social and reflective character of the notion of humanness as well as the difference between the human and nonhuman. This will allow using the human frame of reference as constitutive of, rather than only subject to, the robotic and AI technologies, where it is human and not technology characteristics that shape the human rights framework in the first place. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According (...) to this theory, each human being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these (...) rights and their correlative duties, while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

An expanded and updated edition of a classic work on human rights and global justice Since its original publication, Basic Rights has proven increasingly influential to those working in political philosophy, human rights, global justice, and the ethics of international relations and foreign policy, particularly in debates regarding foreign policy’s role in alleviating global poverty. Henry Shue asks: Which human rights ought to be the first honored and the last sacrificed? Shue argues that subsistence rights, along (...) with security rights and liberty rights, serve as the ground of all other human rights. This classic work, now available in a thoroughly updated fortieth-anniversary edition, includes a substantial new chapter by the author examining how the accelerating transformation of our climate progressively undermines the bases of subsistence like sufficient water, affordable food, and housing safe from forest-fires and sea-level rise. Climate change threatens basic rights. (shrink)

A growing focus on pleasure in human rights discourse has been used to address patterns of sexual exclusion, often when addressing the problems of people with disabilities (PWD). As convincingly argued by Liberman, however, not all PWD suffer from sexual exclusion, and not all who suffer from sexual exclusion are PWD. Danaher and Liberman have thus argued in various ways for a broader range of measures, addressing sexual exclusion. This article builds on previous research and offers a conceptual framework (...) for addressing sexual pleasure and exclusion in terms of human rights. It argues that human rights aim to safeguard autonomy, which is interpreted as multidimensional. It, thus, divides autonomy into the four dimensions of liberty (freedom from threat and coercion), opportunity (options to choose between), capacity (what an agent is capable of doing) and authenticity (the extent to which choices are genuine). Furthermore, it distinguishes between distinct egalitarian strategies, which offer different problems and possibilities, and may be combined. Thus, there is direct egalitarian distribution, indirect egalitarian distribution, baseline or threshold strategies and general promotion strategies. By way of conclusion, the importance of sexual authenticity as the ultimate aim of sexual rights is emphasised. (shrink)

Technologies for enhancement of the human body historically have taken the form of an apparatus: a technological device inserted in, or appended to, the human body. The margins of these devices were clearly discernible and materially circumscribed, allowing the distinction between the corporeality of the human body and the “machine” to remain both ontologically and materially secure. This dualism has performed some important work for human rights theorists, regulators, and policy makers, enabling each to imagine they (...) can establish where the human ends and the other begins. New regenerative products such as Infuse™ and Amplify™ subsist, as animal-derived scaffolds seeded with growth hormone implanted within a prosthetic device. They are much more materially complex, and their identities thus remain open to contestation. Following Lochlann Jain’s 2006 work, I thus attend closely to their social lives, particularly the stories that are told about them and how these are employed to construct understandings of what kind of a phenomenon they are: systemic drug, biologic, or combinatorial medical device. The significance of this classificatory project is revealed in the final section of this paper, which explores how these stories shape understandings of “product failure,” liability, and causation when such products overflow their material and ontological categorization and their recipients become disturbingly “more than human.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:How Old Are Modern Rights? On the Lockean Roots of Contemporary Human Rights DiscourseS. Adam SeagraveArguing for the proper placement of John Locke’s natural rights theory within intellectual history is a particularly high-stakes enterprise for historians of political thought and political theorists alike. This is due in large part to the fact that, as Brian Tierney notes in his recent study, it is “widely agreed that Locke’s work (...) was an important influence in the formation of modern liberal ideas, including ideas concerning rights.”1 Our understanding of Locke thus contributes to our reflective self-understanding as “modern liberals” (of one stripe or another) to an extent perhaps unequaled by any other thinker so far removed from our own time.As a result of the rare promise of studying Locke’s natural rights theory, there has been no shortage of scholarly attempts to determine its place in intellectual history on the basis of Locke’s own writings and their relation both to preceding and subsequent traditions and modes of thought. Although John Dunn had argued in his influential study that Locke’s political thought was too thoroughly steeped in theology to remain relevant in the contemporary context, this thesis has since been persuasively challenged (albeit in very different ways) by Simmons, Zuckert and Waldron, among others.2 Each of these scholars has contributed to an emerging agreement [End Page 305] that the thread of Locke’s natural rights theory may indeed be carried all the way up to current political and moral debates in some form or another. The precise length of this thread as it extends in the other historical direction has, however, remained a point of heated controversy. The scholarly literature on this issue may be broadly described in terms of a spectrum determined by two opposing emphases in understanding the relation of Locke’s natural rights theory to its medieval predecessors: a continuity emphasis and a discontinuity emphasis.On the discontinuity end of the spectrum stand those such as Michel Villey, Leo Strauss, C. B. Macpherson and, more recently, Michael Zuckert who argue for the existence of some sort of “Copernican moment” separating medieval natural rights theories from their modern counterparts.3 Whether this moment is identified with William of Ockham in the fourteenth century or Hobbes in the seventeenth century, these scholars tend to emphasize the distinctively “modern” character of Lockean natural rights theory and its significant departures from medieval modes of thought. According to many of the advocates of discontinuity, Lockean natural rights are not only “modern” in their political applications but also in their more profound meaning as foundations for morality, and particularly in their newly conceived relation to the concept of natural law.4The continuity end of the spectrum is, perhaps, more variegated, including scholars such as Tuck, Tierney, Tully, Oakley, Nederman, Coleman, and Swanson, among others.5 Despite their many important differences, [End Page 306] these scholars each focus upon the similarities between various elements or strains of medieval thought and modern natural rights theories rather than the differences between them. Insofar as the scholars on this end of the spectrum explicitly consider Locke’s natural rights theory, they tend to emphasize Locke’s intellectual debt to various preceding traditions and thinkers rather than his innovations upon them. Building explicitly upon the work of Tuck, Tierney and Tully, Janet Coleman finds “some extraordinarily Lockean moments” in the medieval thinkers John of Paris and Godefroid of Fontaines, and argues that Locke ought to be understood as contributing to this medieval tradition of thought rather than departing from it.6 Scott Swanson, in turn, builds upon Coleman’s scholarship in carefully connecting medieval understandings of the rights of subsistence and the principle of extreme necessity to Locke’s natural rights theory. Swanson initially goes even further than Coleman in asserting that “all of Locke’s celebrated doctrine is here [in John of Paris’s writings] offered in a nutshell” before concluding on the more moderate note, echoed by Cary Nederman, that Locke’s “application of natural rights of subsistence to politics” may indeed have been something “new under the sun.”7Brian Tierney, who has long been a prominent... (shrink)

Assess to quality diets is a basic human right. Geographical challenges and cultural traditions have contributed to the widespread malnutrition present among ethnic minorities of mountainous areas in Northwest Vietnam. Home gardens can play a role in increased diet diversity and micronutrient intakes. However, low production yields and plant diversity in ethnic home gardens have limited their contributions to household food security and nutrition. The pilot study tested a home garden intervention in weekly vegetable harvests and increasing household (...) production and consumption of diverse vegetables year-round. Food ethics issues encountered included limited access to quality food by resource-poor groups, conflicts arising from low preference and value given to some nutritious foods, limited access to information and technology for food production and consumption, each of which were addressed in the study design. The intervention includes: (1) nutrition-focused home garden training and (2) locally-adapted home garden packages consisting of garden planning, technical assistance, and high-yielding seed varieties. Twenty households from two ethnic villages in Son La province participated in the study and were randomly assigned into two groups (intervention and non-intervention). The total vegetable supply from weekly harvests of home garden produce was significantly higher in the intervention households (226 kg) compared to the non-intervention households (39 kg). The intervention group yielded 5.8 and 1.7 times more vegetables by weight and weight per area than those without the intervention. The vegetables were mainly consumed at home for both groups, but the intervention households gave more vegetables as gifts to neighbors. The intervention group cultivated a higher diversity of vegetables with a total of 42 different vegetables compared to 24 in the non-intervention group, which is reflected in an overall higher nutritional yield of vitamin A, iron, other micronutrients and phytochemicals. The home garden training significantly improved the amount, diversity and continuity of household food and nutrient supply. The home garden model is effective and could be scaled up to improve household vegetable supply and consumption, particularly in Northwest Vietnam. (shrink)

I argue that, contrary to what Tom Regan suggests, his rights view implies that subsistence hunting is wrong, that is, killing animals for food is wrong even when they are the only available food source, since doing so violates animal rights. We can see that subsistence hunting is wrong on the rights view by seeing why animal experimentation, specifically xenotransplanation, is wrong on the rights view: if it’s wrong to kill an animal to take organs to save a (...) human life, it’s wrong to kill an animal to eat that animal to save a human life or improve human health. I discuss these arguments’ implications for animal rights-based vegan advocacy, insofar as some people claim that they don’t feel their best on vegan diets and so their eating meat is morally justified. I argue that such an attempt to justify consuming animal products fails on Regan’s rights view, but discuss some attempts to morally excuse such violations of animals’ rights. These attempts are inspired by Regan’s attempts at potentially excusing animal rights advocates’ using medications developed using animals. (shrink)

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

In 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human (...) class='Hi'>right that requires that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right. (shrink)

It is my contention here that Quentin Skinner’s conception of neo-roman liberty as it is articulated in Liberty Before Liberalism serves to establish two normative premises for human rights philosophy. Those premises are, first, that human rights should offer the strongest protection for those persons who are most vulnerable and liable to social and political discrimination and marginalisation. Second, the objects of human rights should be conceptualised in terms of open-ended goals of justice, predicated on a commitment (...) to structural equality. I will have reason to refer to a reflection that Skinner makes on utopianism and how the “classic liberal case” of liberty can be associated with a critique of utopianism in political theory. By utopianism Skinner means – with reference to William Paley – a political theory that incorporates into its concepts demands that cannot be met without a fundamental change of practice and which moves beyond what it is at present reasonable for most people to expect of life. On this understanding, Skinner points out, John Rawls’s A Theory of Justice is a utopian treatise: it does not adapt to whatever is politically feasible but sets a challenging standard of justice for political institutions. I would qualify this by saying that the challenging nature of Rawls’s theory of justice is connected to the fact that it is systemic rather than utopian. A fear of the charge of utopianism is one of the recurrent features of human rights philosophy as we know it today. This is manifest in an incongruous tendency to join a moral philosophy of the good life with a political theory of basic provisions and life at the subsistence level. I hope to show that there is a consistent neo-roman case to be made for a more politically challenging human rights philosophy. (shrink)

This article calls for a paradigm shift in the language, theory and practice of human rights: it calls for human rights to be reconceptualized as sentient rights. It argues that human rights are not qualitatively distinct from the basic entitlements of other sentient creatures, and that attempts to differentiate human rights by appealing to something distinctive about humanity, their unique political function or their universality ultimately fail. Finally, the article claims that moving to sentient rights will (...) not lead to intractable conflicts between rights, but to a more inclusive, fair and rationally defensible normative enterprise. (shrink)

The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All (...) Forms of Discrimination against Women. These broader water-related rights have been recognized but have not yet been operationalized. This paper unravels these broader water-related rights in a more holistic interpretation of existing international human rights law. By focusing on an emerging approach to water services provision—known as ‘domestic-plus’ services—the paper argues how this approach operationalizes a comprehensive range of socio-economic rights in rural and peri-urban areas. Domestic-plus services provide water for domestic and productive uses around homesteads, which challenges the widespread practice in the public sector of planning and designing water infrastructure for a single-use. Evidence is presented to show that people in rural communities are already using their water supplies planned for domestic uses to support a wide range of productive activities. Domestic-plus services recognize and plan for these multiple-uses, while respecting the priority for clean and safe drinking water. The paper concludes that domestic-plus services operationalize the obligation to progressively fulfill a comprehensive range of indivisible socio-economic rights in rural and peri-urban areas. (shrink)

The human right to health, insofar as it is widely recognized, is typically thought to include the right to fair access to adequate healthcare, but the operating conception of healthcare in this context has been under-defined. This lack of conceptual clarity has often led in practice to largely Western cultural assumptions about what validly constitutes “healthcare” and “medicine.” Ethnocentric and parochial assumptions ought to be avoided, lest they give justification to the accusation that universal human rights (...) are mere tools for Western imperial agendas. At the same time, a right to healthcare that is not also explicitly the right to effective healthcare rapidly loses meaning. This paper strives to provide an account of medicine with the flexibility to accommodate cultural difference in forms of practice, while also aiding in the articulation of a minimum for medical systems to meet the standards set out in a human right. (shrink)

This paper offers four arguments against a moral human right to health, two denying that the right exists and two denying that it would be very useful (even if it did exist). One of my sceptical arguments is familiar, while the other is not.The unfamiliar argument is an argument from the nature of health. Given a realistic view of health production, a dilemma arises for the human right to health. Either a state's moral duty to (...) preserve the health of its citizens is not justifiably aligned in relation to the causes of health or it does not correlate with the human right to health. It follows that no one holds a justified moral human right to health against the state.Education and herd immunity against infectious disease both illustrate this dilemma. In the former case, the state's moral duty correlates with the human right to health only if it demands too much from a cause of health; and in the latter, only if it demands nothing from a cause of health (that is, too little). (shrink)

This book explores the question of whether the ideal right to science and culture exists. It proposes that the human right to science and culture is of a utopian character and argues for the necessity of the existence of such a right by developing a philosophical project situated in postmodernity, based on the assumption of ‘thinking in terms of excendence’. The book offers a new way of thinking about access to knowledge in the postanalogue, postmodern society, (...) and is inspired by twentieth-century critical theorists such as Levinas, Gadamer, Bauman and Habermas. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in (...) national, but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

Is there a human right to health? If so, what are its grounds? Can a legal or moral human right to health provide any practical guidance when it comes to making decisions about, for instance, the allocation of scarce health resources? There are many possible answers to these questions in the literature. This article surveys some of these replies. First, however, it examines the distinctions between legal and moral human rights and rights to health vs. (...) health care. It then surveys the literature on potential grounds for a moral human right to health. It concludes by considering replies to several common objections to the existence of a human right to health. (shrink)

Until now, it has mostly been assumed that the kind of health the human right to health is concerned with is clearly understood and universal. Here, I question this assumption and offer an explicitly political and pluralistic account of health that is designed to help guide international and cross-cultural interventions on behalf of health. In order to be a useful mechanism of accountability, the human right to health needs an enforceable minimum standard of health by which (...) to judge situations and to determine if a violation of rights has occurred, but due to its international nature, it also needs to admit a large degree of cultural flexibility. With the account of health that I provide, I hope to clarify what makes up that minimum standard in a way that avoids unjustified parochial bias, while not being so permissive as to undermine the political force of a universal human right. (shrink)

For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy and to their (...) relational equality. The liberal conception of the human right to property has both vertical and horizontal significance — it implies respect from both the public authority and other individuals — which means that it is thoroughly political but not necessarily statist. Our account generates important implications, both domestic and transnational. Domestically, it implies that whereas some property rights should be subject to strong constitutional protection, state law should facilitate other types of private and non-private property institutions, and these property institutions may well be subject to non-owners’ claims to access and, more broadly, to being treated respectfully. Furthermore, our conception of the human right to property requires that everyone have the unusual authority typical of full-blown private ownership. Transnationally, our analysis highlights a freestanding dimension of relational justice, which is relevant across borders even given that our distributive obligations are statist. This injunction of relational justice in transnational interactions brings into question the adequacy of the current state of the law, according to which these interactions are mainly governed by choice-of-law rules that conceptualize them as wholly subsumed under the capacities of the parties as citizens of their respective polities. (shrink)

The development of a human right to water and sanitation under international law has created an imperative to implement human rights in water and sanitation policy. Through forty-three interviews with informants in international institutions, national governments, and non-governmental organizations, this research examines interpretations of this new human right in global governance, national policy, and local practice. Exploring obstacles to the implementation of rights-based water and sanitation policy, the authors analyze the limitations of translating international (...) class='Hi'>human rights into local water and sanitation practice, concluding that system operators, utilities, and management boards remain largely unaffected by the changing public policy landscape for human rights realization. To understand the relevance of human rights standards to water and sanitation practitioners, this article frames a research agenda to ensure that human rights aspirations lead to public policy reforms and public health outcomes. (shrink)

This book presents an argument for environmental human rights as the basis of intergenerational environmental justice. It argues that the rights to clean air, water, and soil should be seen as the environmental human rights of both present and future generations. It presents several new conceptualizations central to the development of theories of both human rights and justice, including emergent human rights, reflexive reciprocity as the foundation of justice, and a communitarian foundation for human rights (...) that both protects the rights of future generations and makes possible an international consensus on human rights, beginning with environmental human rights. In the process of making the case for environmental human rights, the book surveys and contributes to the entire fields of human rights theory and environmental justice. (shrink)