The recent global movement for women's human rights has achieved considerable re-thinking of human rights as previously understood. Since many of women's rights violations occur in the private sphere of family life, and are justified by appeals to cultural or religious norms, both families and cultures (including their religious aspects) have come under critical scrutiny.

This comprehensive and important volume includes contributions by activists, journalists, lawyers and scholars from twenty-one countries. The essays map the directions the movement for women's rights is taking--and will take in the coming decades--and the concomittant transformation of prevailing notions of rights and issues. They address topics such as the rapes in former Yugoslavia and efforts to see that a War Crimes Tribunal responds; domestic violence; trafficking of women into the sex trade; the persecution of lesbians; female genital (...) mutilation; and reproductive rights. (shrink)

This article draws on core insights of critical realism to explain why the international diffusion of women's human rights norms has varied greatly from one state to another and why states in general have been slower to incorporate these norms domestically than other human rights norms. Its central argument is that the gender-biased corporate identity of many states represents the most significant barrier to diffusion. However, it also shows that particular norms have been incorporated into particular (...) states at particular points in time as a consequence of articulated international and domestic pressure from a variety of actors. It begins by examining the limitations of existing explanations of international norms before developing an alternative critical realist argument to explain cross-national variation in the diffusion and efficacy of international norms of sexual non-discrimination. Through the cases of Germany and Japan, it demonstrates how the diffusion of these norms is conditioned and more often than not impeded by the dynamic interplay between various international and domestic structures and agents, discourse, and power. Finally, it briefly discusses the theoretical and practical implications of the argument. (shrink)

This article draws on core insights of critical realism to explain why the international diffusion of women's human rights norms has varied greatly from one state to another and why states in general have been slower to incorporate these norms domestically than other human rights norms. Its central argument is that the gender-biased corporate identity of many states represents the most significant barrier to diffusion. However, it also shows that particular norms have been incorporated into particular (...) states at particular points in time as a consequence of articulated international and domestic pressure from a variety of actors. It begins by examining the limitations of existing explanations of international norms before developing an alternative critical realist argument to explain cross-national variation in the diffusion and efficacy of international norms of sexual non-discrimination. Through the cases of Germany and Japan, it demonstrates how the diffusion of these norms is conditioned and more often than not impeded by the dynamic interplay between various international and domestic structures and agents, discourse, and power. Finally, it briefly discusses the theoretical and practical implications of the argument. (shrink)

How can women’s rights be seen as a universal value rather than a Western value imposed upon the rest of the world? Addressing this question, Eileen Hunt Botting offers the first comparative study of writings by Mary Wollstonecraft and John Stuart Mill. Although Wollstonecraft and Mill were the primary philosophical architects of the view that women’s rights are human rights, Botting shows how non-Western thinkers have revised and internationalized their original theories since the nineteenth (...) century. Botting explains why this revised and internationalized theory of women’s human rights—grown out of Wollstonecraft and Mill but stripped of their Eurocentric biases—is an important contribution to thinking about human rights in truly universal terms. (shrink)

This text addresses the issue of women's human rights and defends their sensitive or receptive application to the socio-political context. The value of women's human rights is recognized as instruments of social transformation, but also the limitations of a legal-legalistic conception. A broader political conception is required. Following Ch. Beitz, who defines human rights as global discursive and political practices whose objective is to regulate the behaviour of States and protect human interests, a (...) non sceptical criticism of this conception is made. The application of the human rights of women by States without considering the previous social and political structure can unintentionally reinforce the situation of oppression they suffer. In this sense, it is committed to the need to focus the human rights of women not only as protections, but also as demands. Demands that come from new forms of feminist activism such as decolonial or antineoliberal. Without renouncing the idea of women's human rights, it is committed to an application sensitive to claims and critical of the social and political context, combining short-range affirmative policies with long-range transformative policies. (shrink)

: Simone de Beauvoir offers an important contribution to discourse on universal human rights. Her descriptive ontology of persons as free, interdependent, and sit-uated in a world that offers resistance brings the discussion of human rights to a new level that also converges with some African perspectives. I claim that Beauvoir is able to defend universal human rights and, moreover, justify moral action against human rights abuses by showing the existential priority of (...) ontological freedom. (shrink)

Simone de Beauvoir offers an important contribution to discourse on universal human rights. Her descriptive ontology of persons as free, interdependent, and situated in a world that offers resistance brings the discussion of human rights to a new level that also converges with some African perspectives. I claim that Beauvoir is able to defend universal human rights and, moreover, justify moral action against human rights abuses by showing the existential priority of ontological (...) freedom. (shrink)

In our era of globalization, migration increasingly enforces cultural heterogeneity at the level of single societies and countries mirroring the cultural heterogeneity at the macroscopic level, i.e. the planet. Thus, the question of intercultural understanding and coexistence not only is crucial when it comes to states, but is increasingly gaining in importance in terms of identifying preconditions that enable individuals from various cultural backgrounds to share one commonwealth. At present, a growing number of people are convinced that this challenge is (...) not easily met due to what are believed to be fundamental moral disagreements between ‘western’ and ‘non-western’ culture. Against this background, different proposals have been provided to rise to the above-mentioned challenge. One of them is to allow for ‘cultural’ justifications in matters of criminal law. In this article I try to outline the state of discussion on claims for a ‘cultural defense’ by identifying and analysing three distinct rationales: the argument from pluralism; the argument from fairness; and the argument from necessity. Finally, I critically reflect on them from a human rights perspective. (shrink)

Exposing food violences – hunger,malnutrition, and poisoning from environmentalmismanagement – requires policy action thatconfronts the structured invisibility of theseviolences. Along with the hidden deprivation offood is the physical and political isolation ofcritical knowledge on food violences and needs,and for policy strategies to address them. Iargue that efforts dedicated on behalf of ahuman right to food can benefit from thetheoretical analysis and activist work of theinternational Women's Rights are Human Rights(WRHR) movement. WRHR focuses on women andgirls; the food (...) rights movement operates onbehalf of all people, with an emphasis on thepoor. Both attend to the protection of bodilyintegrity against physical and psychicviolences. Both cope with bodily violences thatare socially privatized and spatiallysegregated from public institutions of relief,that is, they are tacitly omitted from publicdiscourse and purview. Most typically, but notexclusively, these violences unfold in privatehousehold space. Both rights movements mustmobilize political rights to demand economicand social rights and security. I introduce theUnited Nations' early Declaration (1948) andCovenant (1966) language on the human right tofood and review problems of household accessand grassroots engagement that are ``writteninto'' this early documentation. An abbreviatedoverview of the WRHR movement describes how thepublic/private and economic/political rightsdichotomies have been critiqued andre-formulated. A case study set in Polandacross the transition from (more) communist to(more) capitalist political economies attemptsto illuminate the discussion through agrounded example. (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.

Since conflicts of human rights can be translated into conflicts of values, this article looks into the sources and extension of value pluralism for a better understanding of the sort of conflicts of human rights that women face in multicultural contexts. Furthermore, a proper understanding of personal autonomy as a founding value underlying individual rights can contribute to an interpretation of women's human rights that takes account of both their untouchable core as well (...) as their contextual meaning. As conflicts of fundamental rights most often take place in a scenario of strong pluralism, the article considers cases of conflicts of rights in multicultural societies focusing on the overlapping values to be balanced. Religious freedom, education, neutrality, equality or toleration are some of the issues to be addressed: all of these are important and should be evaluated considering their further implications for women as well as for the other individuals involved. (shrink)

In the twentieth century, the UN Declaration of 1948 is considered to be the international standard for universal human rights. In 1791, Olympe de Gouges critically analysed the French Declaration of Human Rights of 1789, and found that women were excluded from it.1 This paper is a critical examination of the 1948 UN Declaration, with equally troubling findings.

This is a review of historical developments in international criminal law leading up to the inclusion of rape as a "crime against humanity" in the current war crimes tribunal for the ex-Yugoslavia. In addition to the need to understand the specificity of events and their impact on women, the laws of war must also be understood in their specificity and the ways in which even the humanitarian provisions of those laws privilege military needs.

인권은 시민권과 관계없이 독자적 가치를 지니지만, 시민권이 박탈되면 인권도 박탈되는 상황에 처한다. 근대 이후로 민족 국가를 단위로 정체가 형성되었기 때문이다. 그래서 아렌트와 아감벤은 시민권이 없는 인권은 무의미하고 무기력하다고 토로한다. 그러나 이 글은, 인권이 독자적 가치를 지니며 정치적 저항의 동력이라는 점을 발리바르의 인권정치를 통해 논증한다. 발리바르에게 인권과 시민권을 정치적으로 천명한 세계사적 기반은 「인간과 시민의 권리 선언문」이다. 선언문은 인권과 시민권의 동등성, 자유와 평등의 동등성을 개시하지만, 동등성을 이탈하는 모순과 아포리아도 동시에 노정하기 때문에 정치적 봉기의 동력이 된다. 이 글은 동등성의 아포리아를 논증하면서 인권이 지닌 (...) 정치적 가능성을 이주자와 난민 여성이 겪는 배제와 혐오를 극복하는 데 활용하려고 한다. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. This _Second Edition_ of _The Ethics of Abortion _critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also post-birth abortion. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view (...) that abortion is not wrong even if the human fetus is a person. _The Ethics of Abortion _examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being "personally opposed" but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are ethically wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. Updates and Revisions to the Second Edition include: -A response to Alberto Giubilini’s and Francesca Minerva’s now famous 2012 article, "After-Birth Abortion" in the _Journal of Medical Ethics _ -Responses to new defenses of Judith Jarvis Thomson’s violinist argument -The addition of a new chapter on gradualist views of fetal moral worth, including Jeff McMahan’s Time-Relative Interest Account -The addition of a new chapter on the conscience protection for health care workers who are opposed to abortion -Responses to many critiques of the first edition, including those made by Donald Marquis, David DeGrazia, and William E. May. (shrink)

In the following study the author goes back to the beginnings of the Women's Rights movements in order to pose the question on gender equality by approaching it through the prism of language as a powerful tool in human rights battles. This permits her to show the deep interrelation between women's struggle for recognition and some particular women rights, like the "feminization" of professional titles and the implementation of a gender sensitive language. Hence she argues the (...) thesis that even in the most advanced European democracies, where freedom of speech, education, and scientific research seem actually to be legally guaranteed as universal rights, there is still a deep conflict in regard to the use of language and also that we have throughout history backlashes, reproductions of past stereotypes, and a loss of women's rights which were previously acquired. (shrink)

Significant improvements in human rights and democracy have been made since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948. Yet, human rights, especially women's rights, are still being violated in many parts of the developing world. The adverse effects of such violations on women's and children's health are well known, but they are rarely measured. This study uses cross-national data from over 145 countries to estimate the (...) impact of democracy and respect for human rights on various measures of women's health while controlling for confounding socio-economic factors such as income, education, fertility and healthcare. It finds that democracy and regards for human rights contribute positively to women's health outcomes, as do socio-economic variables. (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)

In the past few decades, awareness around gender-based violence has expanded on a global scale with increased attention in global treaties, organizations, and conferences. Previously a taboo topic, it is now viewed as a human rights violation in the broader world culture. Drawing on a quantitative analysis of 568 textbooks from 76 countries from across the world, we examine the extent to which this growing global attention to GBV has filtered down into national educational curricula. We find that (...) textbook discussions of GBV are more prevalent in the post-1993 period and are linked to discussions of women’s rights. In addition, discussions of GBV are more common in countries with more linkages to the global women’s movement. Findings from our study underscore the influence of the women’s rights movement and the radical feminist perspective on the reframing of GBV as a human rights issue. (shrink)

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted (...) here with the right to personal autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Rights and Women's RightsAngela KnobelMainstream feminists insist, with a degree of unanimity that is sometimes surprising, that access to abortion is an essential precondition of female equality. That feminism, which is in other respects so flexible, inclusive, and uncategorizable, should be so unyielding with respect to this particular issue seems surprising to many. It is especially surprising to those who, while sympathetic to other feminist goals, (...) also oppose abortion.1 Why is access to abortion so important? Why must one's views about the equality of women stand or fall on one's views about the value of unborn human life? If feminism has to have a flagship issue, why must that issue be abortion? In this paper, I will propose that Pierre Manent's Natural Law and Human Rights offers a possible answer to this question. I will argue that, to the extent that mainstream feminism assumes the truth of what Manent calls the "philosophy of human rights," it cannot not advocate abortion access. Similarly, I will argue that pro-life feminist attempts to defend the contrary position—namely, that abortion is antithetical to feminism—invariably assume the natural law that the philosophy of human rights rejects. My argument, if correct, suggests the pivot point in discussions of abortion and feminism occurs much further back than many acknowledge: in our very understanding of ourselves and our place in the world.In what follows I will first briefly summarize Manent's account of what he calls the "philosophy of human rights." With this background in place, [End Page 275] I will consider the mainstream feminist claim that access to abortion is a necessary precondition of female equality. When "equality" is understood through the lens of the philosophy of human rights, I argue, the mainstream feminist insistence on access to abortion becomes coherent: a feminism that assumes the truth of the philosophy of human rights cannot not insist on access to abortion. The pro-life feminist reply that abortion harms and oppresses women, by contrast, is coherent only to the extent one assumes the framework of natural law.2Natural Law or Human Rights?To believe in natural law is to believe that nature itself sets the standard for human life. What the "law" commands is simply action necessary for the realization of the potential implicit in our nature. Under such a framework, Manent notes, "natural inclinations and natural differences, if they exist, constitute a kind of language of nature."3 The fact that human beings are naturally rational or naturally social, or that biological males are (typically) attracted to biological women, helps provide insight into nature's "law": "Natural law issued commands in the name of a teaching implicit in human nature, in a tendency of human nature to society and to knowledge, or in a natural difference among ages, sexes, and capacities, a tendency or difference that reason once made explicit and on the basis of which it founded its commandments and recommendations."4 Nature's laws can be and frequently are violated: cultures or individuals can choose to live up to nature's laws or not. For this reason, Manent says that, under the traditional framework of natural law, human beings are "free under the law."5 Natural law is something we freely choose to follow or freely choose to reject, but because it stems from our human nature, it does not cease to bind even those who reject it.The philosophy of human rights, by contrast, accepts the notion of freedom but rejects the notion of any overarching "law" against which our free choices are to be measured. While the philosophy of natural law is rooted in the language of nature, and thus sees human beings as free "under the law" of nature, the philosophy of human rights puts freedom prior to [End Page 276] law and recognizes law only as a means of preserving freedom.6 While the philosophy of natural law understands individual human beings in terms of their human nature, and thus in terms of their natural inclinations and natural differences, the philosophy of human rights rejects the language of "nature" in favor of an "impoverished common denominator," namely equality... (shrink)

This essay examines why the recent recognition of human rights violations against women, as exemplified by Amnesty International's 1995 report on women, remains bound to the limitations of traditional approaches to human rights. The essay argues that despite Amnesty International's commitment to incorporating violations against women into its activities, it nevertheless upholds questionable assumptions about the gendered subject, gender relations within the family, and the relationship between the family and the state.

This paper discusses the significance of gender-based conflicts for thefailure of Gambian irrigated rice projects. In particular, it illustrateshow resource control of a gendered crop, rice, shifts from females to maleswith the development of pump-irrigated rice projects. Irrigation imposes aradically different labor regime on household producers, demanding thatthey intensify labor for year-round cultivation. Yet, the Gambian farmingsystem evolved for a five month agricultural calendar, in which women wereaccorded specific land and labor rights. The need to restructure familylabor, specifically skilled (...) female labor, to meet the cultivation demandsof pump irrigation is crucial for understanding the pattern of gender-basedconflicts in Gambian rice schemes. The case study illustrates thatirrigation involves more than technology transfer. Appropriate irrigationdemands sensitivity to the social structure of household production systems. The paper concludes by emphasizing the centrality of gender issuesfor improving food security in sub-Saharan Africa. (shrink)

There has been much recent debate about women's rights and their relation to human rights. Debates about domestic violence in Vanuatu are situated in this global frame but also in a regional and historical context dominated by the relation between kastom (tradition) and Christianity. This article depicts the dynamics of a conference on Violence and the Family in Vanuatu held in Port Vila in 1994, in terms of the competing claims of universal human rights and (...) cultural relativism. The allegedly western character of human rights which focus on the individual and civil and political rights is often contrasted with the non-western stress on collectivities and the rights to economic development and self-determination. These sorts of ideological oppositions in international politics reverberate in domestic politics as well, and especially in those which situate women and men as subjects in conflict, as they are in many domestic disputes. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. _The Ethics of Abortion_ critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also infanticide. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view that abortion is not wrong (...) even if the human fetus is a person. _The Ethics of Abortion_ examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being “personally opposed” but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are morally wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. (shrink)

J S Mill used the term ‘dead dogma’ to describe a belief that has gone unquestioned for so long and to such a degree that people have little idea why they accept it or why they continue to believe it. When wives and children were considered chattel, it made sense for the head of a household to have a ‘sovereignal right’ to do as he wished with his property. Now that women and children are considered to have the full complement (...) of human rights and slavery has been abolished, it is no longer acceptable for someone to have a ‘right’ to completely control the life of another human being. Revealingly, parental rights tend to be invoked only when parents want to do something that is arguably not in their child's best interest. Infant male circumcision is a case in point. Instead of parental rights, I claim that parents have an obligation to protect their children's rights as well as to preserve the future options of those children so far as possible. In this essay, it is argued that the notion that parents have a right to make decisions concerning their children's bodies and minds—irrespective of the child's best interests—is a dead dogma. The ramifications of this argument for the circumcision debate are then spelled out and discussed. (shrink)

J S Mill used the term ‘dead dogma’ to describe a belief that has gone unquestioned for so long and to such a degree that people have little idea why they accept it or why they continue to believe it. When wives and children were considered chattel, it made sense for the head of a household to have a ‘sovereignal right’ to do as he wished with his property. Now that women and children are considered to have the full complement (...) of human rights and slavery has been abolished, it is no longer acceptable for someone to have a ‘right’ to completely control the life of another human being. Revealingly, parental rights tend to be invoked only when parents want to do something that is arguably not in their child9s best interest. Infant male circumcision is a case in point. Instead of parental _rights_, I claim that parents have an _obligation_ to protect their children9s rights as well as to preserve the future options of those children so far as possible. In this essay, it is argued that the notion that parents have a right to make decisions concerning their children9s bodies and minds—_irrespective of the child9s best interests_—is a dead dogma. The ramifications of this argument for the circumcision debate are then spelled out and discussed. (shrink)

A woman from the Republic of Ireland has successfully challenged the country's restrictive abortion legislation at the European Court of Human Rights. 1 The woman was in remission from cancer and believed that she was at increased risk of relapse due to her unintended pregnancy. She believed that continuing with the pregnancy would have put her life at risk. She travelled to England for an abortion in 2005 and subsequently experienced medical complications when she returned to Republic of (...) Ireland. Abortion in the Republic of Ireland is permitted if the life of the pregnant woman is at risk, but given the uncertainty around interpreting the legislation and the fear of criminal sanctions, the provision is not always effective in practice. The woman argued that her right to an abortion had been denied because there was no law or procedure through which she could have her clinical entitlement established. The ECtHR was unanimous that her right to private and family life had been violated but did not uphold her challenge under Articles 2, 3 and 14. The woman was joined by two other women in the challenge but the other women were unsuccessful as their circumstances differed; their lives had not been at risk if they had continued with their pregnancies. 2The Court concluded ‘that neither the medical consultation nor litigation options, relied on by the Irish government, constituted effective and accessible procedures which allowed [her] … to establish her right to lawful abortion in Ireland’.3At the time of writing, the Irish government was considering how to implement the judgement.Review of arm's-length bodiesAs previously reported here, in July 2010 the UK Government announced plans to reform and abolish a large number of arm's-length bodies. 4 …. (shrink)

In 2022, the International Association of Bioethics (IAB) announced that the 17th World Congress of Bioethics would be held in Doha, Qatar. In response to ethical concerns expressed about the Qatar selection, the IAB Board of Directors developed and posted to the IAB website a response using a Q&A format. In this Letter, we (the IAB President and Vice President) address concerns about the ethics of bioethics conferencing raised in a 2023 Letter to the Editor of Bioethics by Van der (...) Graaf et al. We do not represent the Board of Directors, and this Letter expresses solely our own views. (shrink)

The discourse inside and outside of sport in Australia and abroad on the participation of transgender women in female sport focuses on the principles of fairness, equity and the safety of competitors. These concerns commonly materialise (with little evidence) labelling transgender women as ‘cheats’, dominating female sport, strategically being coached in collision sports to intentionally hurt opponents or fraudulently transitioning with the sole aim of competing in elite women’s sport. Our research examines the process by which the Australian Football (...) League (AFL) grappled with these competing narratives in developing a policy to permit the participation of transgender and gender diverse athletes in community and ‘elite’ competitions. It will be argued that the initial AFL process lacked consideration of the human rights of transgender women and did not provide the necessary resources required to ensure a safe and inclusive process for transgender women to engage with the AFLW competition. This article will also identify lessons which other sport governing organisations should heed in developing and implementing policies for the inclusion of transgender women in sport. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dr. Ambedkar and Untouchability: Fighting the Indian Caste SystemChristopher S. QueenDr. Ambedkar and Untouchability: Fighting the Indian Caste System. By Christophe Jaffrelot. New York: Columbia University Press, 2005. xiii + 205 pp.Outside of India, Bhimrao Ramji Ambedkar remains virtually unknown. Everyone knows that Mahatma Gandhi led the fight for Indian independence and that his nonviolent marches inspired Dr. King and the American civil rights movement. Most educated (...) men and women have heard of Nehru and some of the political and literary figures that India has produced in modern times. But few know of the first Untouchable to attend college, who went on to earn advanced degrees in the social sciences and law at Columbia University, the London School of Economics, and Grays Inn, who returned to India in the 1920s to launch a civil rights movement for Untouchables, [End Page 168] who drafted the constitution for the Republic of India as its first law minister, and who led a mass conversion to Buddhism weeks before this death.Dr. B. R. Ambedkar (1891–1956) is venerated by millions of Buddhist and low-caste followers in India today, and at the same time feared by politicians determined to preserve the Hindu caste system he vowed to destroy. Admirers call him Babasaheb Ambedkar or simply Baba, using a traditional term of respect for a guiding elder, and many use the greeting Jai Bhim (“Victory to Bhimrao”) within the Untouchable communities. Ambedkar is portrayed on ubiquitous wall calendars, public statues, and home altars alongside that of the Buddha, wearing a Western suit and tie, with the horn-rimmed glasses and pocket pens of a scholar and diplomat. Although widely regarded as a bodhisattva or Buddhist saint, he is never pictured in the robes of a holy man or entreated in prayer by his devotees. And while most of his campaigns for Untouchable human rights were driven back by the Hindu nationalists, many of the provisions of his path-breaking legislation were eventually adopted after his death. In the intervening decades, amid deepening polarization over his legacy, the state government of Maharashtra has published eighteen volumes of Ambedkar’s collected works and the government of India has bestowed on him its highest civilian honor, the Bharat Ratna.Given the dearth of Western scholarship on Ambedkar’s place in the history of modern India and the emergence of socially engaged Buddhism, I welcome Chris-tophe Jaffrelot’s Dr. Ambedkar and Untouchability: Fighting the Indian Caste System. As a social scientist and director of the Centre d’Études et de Recherches Internatio-nales (CERI) who has published more than a dozen books on South Asian politics, Jaffrelot is well qualified to assess Ambedkar’s life and thought. Drawing on a wide range of materials on the social reform movements of the nineteenth and twentieth centuries and Ambedkar’s contributions to sociology and politics, the author aims to redress Ambedkar’s neglect by Indian scholars before the 1990s, when the low-caste movement began finally to gain traction. However, he does not address the anomaly of Ambedkar’s neglect by all but a small circle of Western authors.1The strength of Dr. Ambedkar and Untouchability is its concise analysis of the geographical, political, and social context of Ambedkar’s career. Jaffrelot shows how British recruitment of the Mahars, members of Ambedkar’s lowly but numerous caste, for service in the colonial army resulted in disproportionate levels of literacy. Ambedkar was the fourteenth child in such a military family, whose father held the rank of major and served as a school master for the barracks. Both parents and all of Bhimrao’s uncles could read and write, compared to less than one percent of Mahars in village life. Moreover, in spite of his brilliance and determination, Ambedkar could not have continued his education without the financial support of Maratha maharajahs who opposed the Brahmins’ monopoly in education. “Ambedkar was the heir to a regional tradition; his struggle harked back to the anti-Brahmin movements which emerged in western Maharashtra from the mid-nineteenth century onward, a precocity that only the Dravidian South—the other key area of anti-Brahmin mobilization—could match.”Jaffrelot presents... (shrink)

Despite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, (...) and transcendence broadly underpin the exclusion of embodied experience, context, and material reality from the juridical field. In the second part, through discourse analysis of Inter-American and European case law, the author shows the deployment of human rights penality, the displacement of experience, and the disregard of context in IHR discourse. VAW is construed as a procedural and penal matter: it is the absence of a penal process that courts regard as failure to protect women, rather than the state’s inability/unwillingness to address structural subordination. Moreover, the ‘virtues’ attributed to the penal system justify its expansion, which facilitates the continuity of penal violence and debilitates alternative approaches to justice. Finally, the author posits penal abolition as an anticolonial praxis, pointing at examples of anti-carceral feminist work. (shrink)

As COVID-19 keeps impacting the world, its impact is felt differently by people of different sexes and genders. International guidelines and research on gender inequalities and women’s rights during the pandemic have been published. However, data from Taiwan is lacking. This study aims to fill the gap to increase our knowledge regarding this issue and provide policy recommendations. This study is part of a more extensive project in response to the fourth state report concerning the implementation of the (...) Convention on the Elimination of All Forms of Discrimination against Women in Taiwan in 2022. We have drawn on the guidelines and documents published by the United Nations human rights bodies, conducted interviews with advocacy and professional practitioners, and hosted a study group comprising students and teachers from the National Taiwan University College of Public Health to supplement the interview data. The data were analyzed thematically. The results include five themes: (1) particular health risks to carers (primarily women); (2) COVID-related measures’ impact on women’s health and health behaviors; (3) highly gendered psychological maladjustment; (4) increase in gender-based violence and domestic violence; and (5) mental health inequities and intersectionality. The study has global implications for societies of similar sociopolitical contexts and developmental statuses. To truly live up to the standard of CEDAW and other international human rights principles, we ask that central and local government be more aware of these lived experiences and adjust their policies accordingly, accounting for gender sensitivity. (shrink)