It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation's sphere of responsibility. It then analyses how corporations may be held accountable for (...) violations of such rights. Specifically, the article considers the use of soft law as a protective mechanism; it also details how victims of harmful corporate behaviour are using litigation (pursuant to ATCA and common law domestic causes of action) to seek redress and recognition of the harms they have directly or indirectly experienced. The article concludes with an analysis of Professor Ruggie's (the United Nations Special Representative on the issue of transnational corporations and human rights) 2008 and 2009 Reports in which it is suggested that a respect-based framework must be interpreted as imposing proactive requirements on companies to prevent the infringement of human rights. Future efforts must also be directed towards the recognition of a specialised complementary corporate responsibility to protect human rights. (shrink)

The government concern towards preservation of Economic, Social and cultural rights of citizens of a country can be clearly visible through the fiscal policy changes and the trends in public finance. This article intends to decompose and analyse the trends of government expenditure of Sri Lanka over the past years and to investigate whether the public expenditure has been allocated for productive sectors which truely facilitate public welfare and uplift the Ecoomic,Social and cultural rights of the (...) citizens.The considered period for the data analysis is 2010 to 2018 and also a special emphasis has been given on 2019 budget as the latest. The trends of Public expenditure on education, health and main welfare programs and recent taxation policies have been taken into account as a proxy of the attention towards ESCR by the government. The study has illustrated a significant decline in the public expenditure on education, health and welfare with heavy burden generated by indirect taxes that can draw harmful impacts on economy’s future productive potential as well as on the obligation of protecting ESCR. (shrink)

This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR leads (...) to two expectations. First, the larger government spending a proxy of high compliance capacity is hypothesized to delay the ratification process. Second, states with the unitary system are expected to ratify the ICESCR more promptly because the centralized power structure in unitary states significantly restricts the pursuit of the policy autonomy by minorities at local level that the right to self-determination entails. The Cox proportional hazard analysis lends support to both hypotheses. (shrink)

This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR) and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a) what alternative conception of value systemically operates against the fulfilment of the rights enshrined (...) in the ICESCR; (b) the increased relevance of the ICESCR with regard to the current global economic crisis; (c) the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) (...) in order to improve the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

International human rights treaties and declarations lay out the interconnection of civil and political rights with economic, social, and cultural rights. However, it was not until 1993 at the 2nd UN Conference on Human Rights in Vienna that governments agreed that all of women’s rights are an integral part of human rights. Promoting women’s economic, social, and cultural rights is a critical human rights advocacy issue. Poverty leaves women more exposed to violence and less able to (...) escape it, and severely restricts women’s ability to organize and fight for change. The article describes work by AI and other NGOs on violence against women and its connection with women's poverty and lack of education, healthcare, housing, and access to land in Africa. Besides the burgeoning of African women’s organizations calling for protection of all women’s human rights, a second hopeful development has been approval in July 2003 of an historic Protocol on the Rights of women in Africa. (shrink)

Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and the key provisions dealing (...) with the redressal mechanisms and processes. Much emphasis is given to highlighting the expansion of the normative framework through the works of the Committee under the ICESCR. The document highlights a few of the important standards developed, interpreted and applied by the Committee in its dealing with member states. The document also mentions a few areas that need further study and analysis in order to understand the impact of the OP-ICESCR mechanisms within domestic jurisdictions, particularly of the member states. (shrink)

At this juncture, the relevance of the human right to science is undeniable. The right, for a long time, has been a subject matter of deliberation under Article 15 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR). Most of these deliberations emphasised the need for a concise meaning and scope of the right to science. In the year 2020, the Committee on Economic, Social and Cultural Rights (CESCR) under the (...) ICESCR made two interventions with the objective of defining, advancing and mainstreaming the right to science. The two interventions include General Comment No. 25 on Science and Economic, Social and Cultural Rights, and the Statement on the Coronavirus Disease (COVID-19) Pandemic and Economic, Social and Cultural Rights. This paper concerns the above mentioned statements of the CESCR, in particular, the interpretations and standards being advanced by the Committee. (shrink)

The International Covenant on Economic, Social and Cultural Rights was signed by Turkey in 2000 and has been in force since September 23rd, 2003. For this reason, the Covenant is considered as act of parliament in our domestic law, and unlike the general procedure of application of the law, it can not be alleged to contradict the Constitution (According to Article 90 of the Turkish Constitution). The article 12 of the Covenant defines the right to health and (...) its content. In the article 12 of the Covenant, in its General Comment No. 14 published in 2000, the right to the highest attainable standard of health was interpreted and commented upon. This document contains a detailed description of the right to health, its content, and its obligations to State parties. Although this Comment of the Covenant is not binding, it is a document to which the State parties refer when taking measures related to health services. Every publication and comment on the right to health was based on the General Comment 14 of the Covenant. The Article 12 was reinterpreted by the Covenant on May 2nd, 2016 in the context of rights to sexual and reproductive health. İit has been emphasized that legal, procedural, practical and social barriers limit the access of individuals to full range sexual and reproductive health services. It has also been pointed out that accessibility of sexual and reproductive health services is a distant target for women and girls. Moreover, it has been stated that discrimination that increases exclusion in legislation and practice limits lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and disabled people'senjoyment of sexual and reproductive health rights. For this reason, it is stated that although commenting on the rights of sexual health and reproductive health is included in 14 comments, it is important to make an interpretation about them. This comment is an interpretation of a binding Convention. Therefore; It is a document that will provide guidance on measures to be taken by States Parties in respect of their rights to sexual health and reproductive health. At the same time, obstacles to discrimination in medical practice bring important approaches in terms of respect for autonomy and respect for private life. In our article, information about the content of the ESKHK's interpretation and possible reflections of this content in the field of medical law and ethics will be given. (shrink)

The paper is in four parts. The first part offers a brief reminder of the historical context for human rights as women's rights. The second part notes the relative lack of attention in human rights theory to the roles of social meaning and what has been called the ‘social imaginary’. The third part suggests that the social imaginary — understood in terms of the always present backdrop to meaningful social action — may be seen as a (...) fruitful ‘middle ground’ upon which negotiations may take place between human rights and cultural norms. The fourth part examines a case where women's entitlements to basic human rights are compromised by men's claims to cultural or group rights. I conclude by arguing that if human rights are to accommodate women's rights then women must be recognized as legitimate stakeholders in, and valuable contributors to, the necessarily ongoing re-invention and recreation of social meaning and cultural identity. (shrink)

Cultural rights constitute one of the most exciting new frontiers of human rights research and practice. Cultural rights are also the ultimate law and humanities topic. These are good enough reasons for making cultural rights the main focus of a book. But there are other reasons, too. Cultural rights are both transformative and empowering rights. They enable people to aspire to a better future for themselves, their families, and the society in which they live, and they (...) play a key role in realizing all other human rights. Furthermore, they provide a much-needed discourse or common forum in which we can explore, negotiate, and come to new cross-cultural understandings. All of this is supremely important today, at a time when respect for cultural diversity is a key concern worldwide, and when migration and advances in technology are increasing the level of cultural exchange but also fostering cultural clashes and incompatibilities previously masked by distance. (shrink)

This essay investigates how a liberal state should treat violations of human rights within minority cultures. It is argued that the best approach gives due weight to the following three features: the free exercise of culture, protection of human rights and the balance of power between the majority and minority communities in a given polity. This balanced approach is contrasted with the theories of Kukathas, Okin and Spinner-Halev, who are criticised for concentrating on only the first, second and third of (...) these features respectively. The Arab Israeli Plonit case and the Indian Muslim Shah Bano case are used to illustrate this argument. The Israeli treatment of Plonit shows the virtues of the author's preferred approach, while the Indian treatment of Shah Bano indicates the dangers of concentrating on the second feature alone, as many liberals advocate, and neglecting the other two. (shrink)

Telling the truth is one of the most respected virtues in medical history and one of the most emphasized in the code of medical ethics. Health care providers are frequently confronted with the dilemma as to whether or not to tell the truth. This dilemma deepens when both choices are critically vicious: The choice is no longer between “right and right” or “right and wrong,” it is between “wrong and wrong.” In the case presented and discussed in (...) this paper, a research team in Saudi Arabia unintentionally uncovered information regarding misattributed paternity. In such a situation and in the context of a tribal cultural system, what should the team do with this information? This case analysis demonstrates the joint application of ethical resources originating from within and outside the Saudi Arabian context. The article analyses the case based on the moral problems involved, relevant medical application, and the impact of such information in the Saudi tribal and Islamic domains. The most pertinent relevant values and secular debates on similar matters are discussed. Finally, the article aims to provide an Islamic dimension of family, fatherhood, and adultery. (shrink)

Cover title: Justice, peace, & human rights. Bibliography: p. 227-252. Includes index.

The implementation of international human rights law has traditionally been undermined by the dichotomy between universalism and cultural relativism. Some groups regard human rights as more reflective of other culture’s and are unwilling to subscribe to them. One response to this is to enable groups to take co-ownership of human rights. Quality Circles based on institutions and technology, and the collaboration they encourage, provide one such means for doing so. What is required is for states to facilitate rather than (...) undermine and censor these processes. Human Rights Quality Circles at different levels represent one way in which the cultural relativism and universalism division can be addressed, particularly in an ever-globalising world. (shrink)

The theorization of culture in psychology continues to gain momentum in spite of little agreement concerning the most suitable theoretical frameworks for examining cultural phenomena. We explore two contemporary approaches to culture--social constructionism and cultural studies--and examine their relevance for psychology. In juxtapositioning them we map their continuities and discontinuities in terms of ontological and epistemological stances on language, representation, knowledge, identity, history, ideology, social action and emancipation. We propose a bridge between the two, and discuss (...) ways in which the dialogue between social constructionism and cultural studies can deepen psychology's understanding of culture in the postmodern world. 2012 APA, all rights reserved). (shrink)

This article considers the ongoing difficulties for mainstream political theory of actualizing human rights, with particular reference to Rorty’s attempt to transcend their liberal foundations. It argues that there is a problematic disjuncture between his articulation of exclusion and his hope for inclusion via the expansion of the liberal human rights culture. More specifically, it shows that Rorty’s description of victimhood is based on premises unavailable to him, with the consequence that stateless persons are rendered inhuman, and, further, that his (...) accounts of sentimentality and solidarity have limited potential for the inclusion of such victims within the liberal ‘community of justification’. In the final analysis, the article argues that there is a substantial mismatch between Rorty’s dependence on both liberal norms and international political practice, and his hopes for the human rights culture to include those stripped of human dignity. (shrink)

Is it possible, given culturally incongruent perspectives, to validate any common standards of behavior? Is it possible to implement human rights in societies without incorporating the idea into their fabric of culture? Is it possible for cultural communities to survive in the contemporary world without rights protection? This book addresses questions like these in the light of an inventive and original understanding of culture.

While several scholars have argued that the rise of the internet has allowed an autistic culture to emerge over the past two decades, the question of whether people with autism or, as some members of this group refer to themselves, ‘autists’, are legally entitled to their own cultural rights has not been investigated. This article fills part of this lacuna by considering whether such entitlements exist from the perspective of human rights law. I start by showing that, insofar as (...) autists have their own culture, they are likely to be entitled to cultural rights under existing human rights treaties, before arguing that the absence of evidence that their beliefs, values, and behaviors are significantly shaped by distinct social norms renders it unclear whether they do in fact have their own culture. However, I end by arguing that, in terms of autists’ entitlements from a human rights perspective, little seems to depend on this. (shrink)

I argue that a reasonably comprehensive doctrine of human rights can be reconciled with at least a good deal of diversity in cultural belief and practice. The reconciliation cannot be achieved by trying to show that there is in fact a cross-cultural consensus about the existence of human rights, partly because no valid inference to the normative status of human rights can be drawn from the existence of such a consensus. However, by highlighting the premises rather than the (...) conclusions of normatively persuasive arguments for human rights, I argue that a reasonably comprehensive doctrine of universal human rights can be squared with what is known about the diversity of cultural beliefs and practices. This is because the (empirically plausible) denial that there is in fact a cross-cultural consensus about the existence of human rights can go hand-in-hand with cross-cultural endorsement of the normative considerations that underpin human rights doctrine. (shrink)

I argue that a reasonably comprehensive doctrine of human rights can be reconciled with at least a good deal of diversity in cultural belief and practice. The reconciliation cannot be achieved by trying to show that there is in fact a cross-cultural consensus about the existence of human rights, partly because no valid inference to the normative status of human rights can be drawn from the existence of such a consensus. However, by highlighting the premises rather than the (...) conclusions of normatively persuasive arguments for human rights, I argue that a reasonably comprehensive doctrine of universal human rights can be squared with what is known about the diversity of cultural beliefs and practices. This is because the (empirically plausible) denial that there is in fact a cross-cultural consensus about the existence of human rights can go hand-in-hand with cross-cultural endorsement of the normative considerations that underpin human rights doctrine. (shrink)

Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how (...) my non?universalist conclusion can provide the basis for a retort to those who appeal to facts about cultural diversity in order to criticise human rights discourse. (shrink)

In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, (...) social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable. (shrink)

In this popular text, Joel Spring provocatively analyzes the ideas of traditional and non-traditional philosophers, from Plato to Paulo Freire, regarding the contribution of education to the creation of a democratic society. Each section focuses on an important theme: “Autocratic and Democratic Forms of Education;” “Dissenting Traditions in Education;” “The Politics of Culture;” “The Politics of Gender;” and “Education and Human Rights.” This edition features a special emphasis on human rights education. Spring advocates a legally binding right to an (...) education that includes an education in human rights. His argument is that until schools are required to fulfill a duty to protect human rights and teach others to protect human rights, government-operated schools will remain authoritarian rather than democratic institutions. Wheels in the Head: Educational Philosophies of Authority, Freedom, and Culture From Socrates to Human Rights, Second Edition , a critically original work, is widely used as a text for courses across the fields of philosophical, social, political, and historical foundations of education, and critical issues in education. Reflecting its global relevance, a Chinese translation was published by the University of Peking Press in 2005. (shrink)

Character and Culture presents an integrated account of the nature of character and a discussion of the various ways in which it is influenced, for better and worse, by social and political institutions. Through a careful analysis of virtue and vice, Hunt argues that character traits consist, in part but very crucially, of certain ideas on which the individual acts. Institutions such as commerce and private gift exchange, says Hunt, can encourage people to possess positive character traits—not by offering (...) bribes or threats, but by shaping our vision of the importance of the goods that are pursued by human action and of the limits of right conduct. He is less optimistic about the effects of democracy on character, suggesting that they depend on whether or not the power of the voters to control one another is constrained by institutions that protect individual rights. (shrink)

Based on onto–epistemological pluralism and social practices this work maintains that the proclamation of cultural neutrality originating in the idea of equality without any distinction of color, sex, language, religion or political opinion, really favors white racism and cultural imperialism of the liberal way of life.This article argues that the process of reasoning which justifies human rights is distorted by particular interests, such as the colonization of American territory in the case of the Declaration of the Good (...) People of Virginia in 1776. As no–one questioned the reasons upon which the false belief that some human beings were classified as inferior or superior according to their physical features, it was reiterated as if it were a truth and, consequently acted upon, thereby fixing this belief in stereotypes. In this article I argue that the present Declaration of Human Rights is the result of continuing inherited presuppositions from the 18th Century. These have not been questioned and have constituted the world in which we live as a racist world in which the liberal tradition has consolidated its political power. (shrink)

This paper examines the movement for independent living among the Japanese with disabilities from the perspective of multiculturalism and human rights. The IL movement questions the conventional idea, widely held by Japanese without disabilities, that disabled people are in need of special care and cannot live independently in ordinary communities. The IL movement advocates: 1) the reinterpretation of “disability” as mere “difference”, 2) the equal right to autonomy and social participation for the disabled, and 3) the unique (...) class='Hi'>right to care and support that enable the disabled to be autonomous. The IL movement thus projects a new “disability culture” that assigns different meanings to disability and calls for radical change in social relationships. The IL movement then is one of many forces that celebrates diversity and advocates pluralism in Japanese society in defiance of the myth of a “homogeneous monocultural” Japan. The IL movement highlights the right to care as a basic human right which is a precondition for the right to autonomy. Consequently, the IL movement reinterprets the notion of autonomy and enriches the concept of “human rights.”. (shrink)

This article addresses three questions: How can we define and measure what constitutes a foreign policy in human rights? How is it possible to explain both the activism of a state and its ideological orientation in the international promotion of human rights? What is the empirical evidence found when we try to answer these questions in intermediate states? Research done on four cases (Argentina, Australia, Brazil and South Africa) suggests a correlation between domestic efforts in the promotion of human rights (...) and international advocacy. It also shows that the greater the power of intermediate states, the greater their activism in human rights. Further, as development grows states show less support for economic, social and cultural rights. Last, the strategic relation with the USA shapes how states vote regarding human rights violators states. (shrink)

No. 76: NONFOUNDATIONAL... El libro presenta en sus páginas una evaluación de algunas de las aproximaciones actuales sobre los derechos humanos y la justicia social considerada como justicia indispensable para garantizar los derechos humanos.

The concept of ‘geneticization’ has been introduced in the scholarly literature to describe the various interlocking and imperceptible mechanisms of interaction between medicine, genetics, society and culture. It is argued that Western culture currently is deeply involved in a process of geneticization. This process implies a redefinition of individuals in terms of DNA codes, a new language to describe and interpret human life and behavior in a genomic vocabulary of codes, blueprints, traits, dispositions, genetic mapping, and a gentechnological approach to (...) disease, health and the body. This article analyses the thesis of ‘geneticization’. Explaining the implications of the thesis, and discussing the critical refutations, it is argued that ‘geneticization’ primarily is a heuristic tool that can help to re-focus the moral debate on the implications of new genetic knowledge towards interpersonal relations, the power of medicine, the cultural context and social constraints, rather than emphasizing issues as personal autonomy and individual rights. (shrink)

After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The (...) role of science in societies and its benefits and potential danger were discussed in various international fora, but hardly ever in a human rights context. Nowadays, within a world that is increasingly turning to science and technology for solutions to persistent socio-economic and development problems, the human dimension of science also receives increased attention, including the human right to enjoy the benefits of scientific progress and its applications. This contribution analyses the possible legal obligations of States in relation to the right to enjoy the benefits of scientific progress and its applications, in particular as regards health. (shrink)

Based on onto–epistemological pluralism and social practices this work maintains that the proclamation of cultural neutrality originating in the idea of equality without any distinction of color, sex, language, religion or political opinion, really favors white racism and cultural imperialism of the liberal way of life. This article argues that the process of reasoning which justifies human rights is distorted by particular interests, such as the colonization of American territory in the case of the Declaration of the (...) Good People of Virginia in 1776. As no–one questioned the reasons upon which the false belief that some human beings were classified as inferior or superior according to their physical features, it was reiterated as if it were a truth and, consequently acted upon, thereby fixing this belief in stereotypes. In this article I argue that the present Declaration of Human Rights is the result of continuing inherited presuppositions from the 18th Century. These have not been questioned and have constituted the world in which we live as a racist world in which the liberal tradition has consolidated its political power. (shrink)

This article seeks to re-examine two major assumptions in mainstream anti-racist thought of the post-war era. These are culturalism, on the one hand, and human rights on the other, both of which have been offered as potential solutions to the ongoing problem of racism. I argue that both fail to cope with racism as it has been institutionalized in the political and social structures of European societies because they inaccurately theorize ‘race’. Racism is treated as an individual attitude born (...) of prejudice and ignorance and not as a political project that emerged under specific conditions within the context of the European nation-state. A re-examination of this legacy of modernity and a questioning of the structuring principles of anti-racism is necessary in the current context of racism against migrants, asylum seekers and refugees. (shrink)

Avoiding severe impacts from anthropogenic climate change requires not only substantial reductions in greenhouse gas emissions but also further implementation of adaptation measures. In many regions with smallholder farming systems adaptation can help ensure food security despite significantly changing climatic conditions. However, the space for adaptation measures has limits. In this paper, we investigate hard and soft adaptation limits and discuss their relevance to food security in smallholder farming food systems. We argue that soft adaptation limits can be defined by (...) sufficiency levels of justice like basic needs, capabilities, human rights or levels of well-being. Depending on social, cultural, political and economic conditions different communities realize different sufficiency levels of justice. Furthermore, as normative claims of justice, these sufficiency levels not only allow the social, cultural and political and economic conditions of social systems to be described but also define entitlements. We show that for smallholder farming systems with low social and economic standards these entitlements might mean that soft adaptation limits can define entitlements to social and economic improvements despite transformational adaptation to changing climatic conditions. (shrink)

This paper is the second of two in a series. In our first paper, we presented a social justice framework emerging from an extensive literature review and incorporating core social determinants specific to mental health in the age of COVID-19 and illustrated specific social determinants impacting mental health (SDIMH) of our resettled Bhutanese refugee population during the pandemic. This second paper details specific barriers to the SDIMH detrimental to the basic human rights and social justice of (...) this population during this pandemic. The SDIMH, as described, further informs the need for social justice measures and cultural humility in mental healthcare, public health, law, and community engagement. This work concludes with a proposed call to action toward mental health improvement and fair treatment for refugee populations in three core areas: communication and education, social stigma and discrimination, and accessibility and availability of resources. (shrink)

The concept of ‘geneticization’ has been introduced in the scholarly literature to describe the various interlocking and imperceptible mechanisms of interaction between medicine, genetics, society and culture. It is argued that Western culture currently is deeply involved in a process of geneticization. This process implies a redefinition of individuals in terms of DNA codes, a new language to describe and interpret human life and behavior in a genomic vocabulary of codes, blueprints, traits, dispositions, genetic mapping, and a gentechnological approach to (...) disease, health and the body. This article analyses the thesis of ‘geneticization’. Explaining the implications of the thesis, and discussing the critical refutations, it is argued that ‘geneticization’ primarily is a heuristic tool that can help to re-focus the moral debate on the implications of new genetic knowledge towards interpersonal relations, the power of medicine, the cultural context and social constraints, rather than emphasizing issues as personal autonomy and individual rights. (shrink)

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

Many of the most popular liberal arguments for cultural rights all note that the world is formed into groups. But in the attempt to universalise these arguments, it is too often assumed that the nation is the most important of these groups. This focus upon the nation ignores the many and varying bases of self?respect. It overlooks the fact that self?respect may be tied to many different kinds of groups. Further, most discussions of cultural rights are fuelled by (...) the experience of particular groups. Which groups depends on the theorist and issue at hand. The discussion may be sound for the particular group being discussed. But then many cultural rights theorists, in generalising from one case to others, may not have good reason to do so, leading into a mistaken universalism. The study of cultural rights arguments, with closer reference to the case studies that underpin them, should serve to limit illicit generalisation and to illuminate the true value of cultural rights arguments. (shrink)

With the 2003 invasion and subsequent occupation of Iraq, the most controversial question in world politics fast became whether the United States stands within the order of international law or outside it. Does America still play by the rules it helped create? American Exceptionalism and Human Rights addresses this question as it applies to U.S. behavior in relation to international human rights. With essays by eleven leading experts in such fields as international relations and international law, it seeks to show (...) and explain how America's approach to human rights differs from that of most other Western nations. In his introduction, Michael Ignatieff identifies three main types of exceptionalism: exemptionalism ; double standards ; and legal isolationism. The contributors use Ignatieff's essay as a jumping-off point to discuss specific types of exceptionalism--America's approach to capital punishment and to free speech, for example--or to explore the social, cultural, and institutional roots of exceptionalism.These essays--most of which appear in print here for the first time, and all of which have been revised or updated since being presented in a year-long lecture series on American exceptionalism at Harvard University's John F. Kennedy School of Government--are by Stanley Hoffmann, Paul Kahn, Harold Koh, Frank Michelman, Andrew Moravcsik, John Ruggie, Frederick Schauer, Anne-Marie Slaughter, Carol Steiker, and Cass Sunstein. (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)

Philosophy is very largely concerned with speculation upon problems of a highly abstract character, but some of the questions with which it deals have important practical aspects; and I think that social philosophy occupies—and rightly occupies—a dominant place in contemporary thought. If post-war policies are to render more secure the lives, the liberties and the happiness of mankind, they must be based upon sound principles; and it is with the intention of throwing certain of these principles into bold relief (...) that I have ventured to choose the realm of politics and culture as the subject of these reflections. (shrink)

This article adapts the economic and social rights fulfillment index (SERF Index) developed by Fukuda-Parr, Lawson-Remer, and Randolph to assess the extent to which each of the 50 US states fulfills the economic and social rights obligations set forth in the International Covenant on Economic, Social and Cultural Rights. It then extends the index to incorporate discrimination and examines differences in economic and social rights fulfillment by race and sex within each of the states. The (...) overall SERF Index score varies between states from below 70% to almost 85%, with wider variation on some of the six substantive rights that comprise the overall SERF Index score. The findings reveal limited sex discrimination but pronounced race discrimination. (shrink)

The term 'culture' has more than one meaning in different contexts. The paper attempts to show certain consequences, resulting from the ambiguous use of the term 'culture', for the protection of human rights, by comparing the use of the term in the Declaration of the Principles of International Cultural Cooperation (UNESCO 1966), with its use in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. It examines the meanings of the (...) term 'culture' used in the UNESCO Declaration and the impact of this understanding on the protection of the relevant right or rights. (shrink)