Is the Confucian tradition compatible with the Western understanding of human rights? Are there fundamental human values, regardless of cultural differences, common to all peoples of all nations? At this critical point in Communist China's history, eighteen distinguished scholars address the role of Confucianism in dealing with questions of universal human rights.

Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in (...) transposition' of some core features of the rights to privacy and freedom of expression. The non-coherence theory is used to explore key human rights theoretical concepts, such as the network society approach, the capabilities approach, transversality, and self-normativity, and it is also applied to e-state and artificial intelligence, challenging the idea of the sameness of rights. This title is part of the Flip it Open programme and may also be available Open Access. Check our website Cambridge Core for details. (shrink)

This book examines alternative philosophical conceptions of legal interpretation as a way of making sense of international human rights as they bear on government and multinational business activities. Today the dominant philosophies of law pertaining to rights interpretation are positivism, realism, and law-as-integrity.

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a (...) core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time _before_ justice is the moment to put (...) evil in the past. Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence, broken only once evil is remembered for what it _was_. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect. (shrink)

There is wide agreement that children have human rights, and that their human rights differ from those of adults. What explains this difference which is, at least at first glance, puzzling, given that human rights are meant to be universal? The puzzle can be dispelled by identifying what unites children’s and adults’ rights as human rights. Here I seek to answer the question of children’s human rights – that is, rights they have merely in virtue (...) of being human and of being children – by exploring how children’s interests are different from adults’, and how respect for children’s and adults’ moral status yields different practical requirements. If human rights protect interests, then children have many, but not all, of the human rights of adults, and, in addition, have some human rights that adults lack. I discuss the way in which children’s human rights, as I conceive of them here are, or fail to be, reflected in the law; as an illustration, I use the most important legal document listing children’s rights, namely the 1990 United Nations Convention on the Rights of the Child. (shrink)

ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human (...) rights abuses. This is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)

States cannot legitimately enforce their borders against migrants if dominant conceptions of sovereignty inform enforcement because these conceptions undermine sufficient respect for migrants’ basic human rights. Instead, such conceptions lead states to assert total control over outsiders’ potential cross-border movements to support their in-group’s self-rule. Thus, although legitimacy requires states to prioritize universal respect for basic human rights, sovereign states today generally fail to do so when it comes to border enforcement. I contend that this enforcement could only (...) be rendered legitimate if it was predicated on more desirable conceptions of sovereignty that supported the universal prioritization of basic human rights. Specifically, desirable conceptions would not establish and require absolute state sovereignty over borders as a necessary precondition for true popular self-governance. (shrink)

Global bioethics is a bold project. In its moderate form, it aims to find solutions to the dilemmas posed by modern medicine and the biological sciences through intercultural understanding of human obligations and opportunities. In its more ambitious form, it endeavors to cover all possible ethical problems arising with regard to life and living things on earth. Given the ambitiousness of even the moderate aim, it is unsurprising that disputes are frequent and agreements are scarce. One of the most (...) contentious issues is whether human rights should play an important role in global bioethics or not. a. (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.

Notwithstanding universities’ many laudable aims, incidents of serious bullying, academic harassment and sexual harassment in academic settings are reported with increasing regularity globally. However, the human rights violations involved in bullying and academic harassment have not received attention by the literature. In this article, we pierce the veil of silence surrounding university environments and provide a systematic account of the breaches of international and European human rights law involved in academic bullying and harassment. By adopting a socio-legal lens, (...) we shed light onto such practices and tactics, the breaches of specific human rights and norms and the reluctance of states and regulators to intervene in what is perceived to be universities’ ‘sovereign’ sphere of jurisdiction in order to prevent human rights’ violations and to protect the victims of human rights abuse. We call for a multi-faceted and multi-agency approach to tackle academic bullying and harassment, and make a number of institutional and policy recommendations to ensure universities’ compliance with human rights standards and the effective protection of academics under attack. (shrink)

Humiliation, as dealt with under different legal jurisdictions, poses a question about how these systems perceive and respond to humiliation. Are the laws' definitions, approach, and punishment appropriately determined? And if there are challenges to implementation, what are they?

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

In contrast to China’s efforts to upgrade its system of governance around a stupefying amount of data collection and electronic scoring, countries committed to democracy and human rights did not upgrade their systems. Instead, those countries ended up with surveillance capitalism. It is vital for the survival of those ideas about governance to perform such an upgrade. This paper aims to contribute to that goal. I propose a framework of epistemic actorhood in terms of four roles and characterize digital (...) lifeworlds and what matters about them both in terms of how they fit in with Max Tegmark’s distinctions among stages of life and in terms of how they generate their own episteme, the data episteme, with its immense possibilities of infopower. Epistemic rights that strengthen existing human rights – as part of a fourth generation of rights – are needed to protect epistemic actorhood in those roles. In the long run, we might well need a new kind of right, the right to the exercise of genuinely human intelligence. (shrink)

In this article I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate Husserl’s phenomenological method and Reinach’s a priori law in order to offer a new grounding to human rights. In order to combine Husserl and Reinach’s ideas, I propose to expand the comprehension of a priori. It would be present as eidos of each object and I name it as material a priori; it also be (...) present in the eidetic relations and I name it as formal a priori. Yet the object would have an essence, a necessary content, a material a priori, and necessary states of affairs, necessary relations and connections, a formal a priori. Reinach, in The A priori Foundations of the Civil Law, describes eidetic relations, such as, the relation between promise, claim and obligation. I propose three eidetic universalities to ground law, these are what I will call human rights. I also face a few difficulties presented by DuBois and De Vecchi derived from the amoral approach of a priori laws. Then, I highlight the difference between this proposition and Albert’s. Finally, I defend the proposition that a priori laws are beyond natural and positive laws. (shrink)

To address some questions in global biomedical ethics, three problems about cultural moral differences and alleged differences in Eastern and Western cultures are addressed: The first is whether the East has fundamentally different moral traditions from those in the West. Concentrating on Japan and the United States, it is argued that theses of profound and fundamental East-West differences are dubious because of many forms of shared morality. The second is whether human rights theory is a Western invention with no (...) firm traditions in Eastern moral traditions. It is argued that this thesis is unsupported both historically and in contemporary bioethics. The third problem is whether multiculturalist theory casts doubt on claims of universal principles and rights. It is argued that the reverse is true: multiculturalism is a universalistic theory. The argument throughout supports common morality theory. (shrink)

There are many reasons to suggest that human rights have a spiritual flavor. Grounded in the understanding that individuals and communities have spiritual interests, the idea of human rights has been called upon time and again to protect and provide for them. This development has raised questions about what spiritual interests are and what role human rights can play in this regard. On a cursory glance, linking human rights to spirituality benefits three right-holders: individuals, communities, and (...) humanity as a whole. Human rights contribute to the realization of a person’s human dignity through the satisfaction of his or her developmental, physical, psychological, and spiritual needs (UNFPA: 2005). And the spiritual interests of communities reflect in the specific rights—namely cultural rights, land rights, environmental rights, the right to peace, etc. In addition, commitments to the spiritual rights of human beings and the planet could be considered essential for the survival and evolution of humanity. (Universal Declaration of Spiritual Rights). Noteworthy in human rights cases is the use of spirituality-based concepts—namely spiritual development, spiritual needs, spiritual rights, spiritual reparations, etc.—as benchmarks for research, policy interventions, and reforms. (shrink)

Genocide is evil or nothing could be. It raises a host of questions about humanity, rights, justice, and reality, which are key areas of concern for philosophy. Strangely, however, philosophers have tended to ignore genocide. Even more problematic, philosophy and philosophers bear more responsibility for genocide than they have usually admitted. In Genocide and Human Rights: A Philosophical Guide, an international group of twenty-five contemporary philosophers work to correct those deficiencies by showing how philosophy can and should repsond to (...) genocide, particularly in ways that defend human rights. (shrink)

In the first part of this article we survey the concept of human rights from a philosophical perspective and especially in relation to the “right to healthcare”. It is argued that regardless of meta-ethical debates on the nature of rights, the ethos and language of moral deliberation associated with human rights is indispensable to any ethics that places the victim and the sufferer in its centre. In the second part we discuss the rise of the “right to privacy”, (...) particularly in the USA, as an attempt to make the element of personal free will dominate over the element of basic human interest within the structure of rights and when different rights seem to conflict. We conclude by discussing the relationship of human rights with moral values beyond the realm of rights, mainly human dignity, free will, human rationality and response to basic human needs. (shrink)

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

The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology (...) enables access to the human mind for research, treatment and other purposes. This enabling feature is now a growing concern. In the field of human rights, this human-science–technology interface is leading to articulation of new human rights to safeguard against modern threats. The wider usage of expressions like neurolaw and mental autonomy reflects on the emerging field of standards to protect the human mind from interference, manipulation and control. Growing literature on the subject sheds light on the human-rights-based approach to the challenge. (shrink)

Scholars have struggled with identifying the exact reasoning that leads to the list of human rights in Rawls's Law of Peoples. This essay argues that the list can best be explained by a reasoning based on the value of self-determination of peoples. At the same time, it argues that this reasoning still has serious difficulties. In particular, it is necessary to clarify whether human rights may always be enforced by coercive means against states that violate them. However, once (...) this has been clarified, the balance of reasons on which Rawls’s argument rests no longer indisputably supports his conclusion. (shrink)

This chapter interrogates the human in human rights. It first takes issue with the common assumption that to be human just is to be a member of the species homo sapiens, and that this suffices for possession of human rights. Such an assumption is problematic because it presupposes a unique ‘essence’ possessed by all and only human beings, which in turn functions to exclude certain individuals from the realm of the human, and presents a (...) culturally-specific vision of humanity as if it were universal. As an alternative, this chapter develops a conception of the human as a social construct. Analogous to the sex/gender distinction common to feminist theory, it posits a homo sapiens/human distinction, whereby the human refers to the network of social norms, political status, privileges and burdens that are conferred on people because they are (taken to be) members of the species homo sapiens. (shrink)

A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: to benefit (...) from one’s own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)

In this essay, Denike assesses the appropriation of international human rights by humanitarian law and policy of "security states." She maps representations of the perpetrators and victims of "tyranny" and "terror, " and their role in providing a "just cause" for the U.S.–led "war on terror. " By examining narratives of progress and human rights heroism Denike shows how human rights discourses, when used together with the pretense of self-defense and preemptive war, do the opposite of what (...) they claim—entrenching the sovereignty of Western imperialist states while eroding the conditions necessary for the recognition of the human rights of others. (shrink)

This article is based largely on a research study undertaken by the author into the teaching of human rights in nursing courses in the UK on behalf of the national section of the human rights organization Amnesty International. It attempts to provide a baseline estimate of human rights education in nursing curricula in the UK while making suggestions on how the teaching of human rights issues could be more clearly incorporated into nursing curricula, ending with some (...) recommendations for further research. (shrink)

Questions pertaining to socialist democracy and human rights and freedoms have now been advanced to the front lines of the ideological struggle between the forces of socialism, peace, and democracy, on the one hand, and those of imperialism, war, and reaction, on the other. This is due to the content and features of the worldwide development of societies today, one direction of which is a universal increase in the political self-awareness and social activity of the working class and the (...) entire mass of the toiling population. The final document of the 1976 Conference of Communist and Workers' Parties of Europe emphasizes: "The historical necessity of replacing capitalist society with a socialist society established in accordance with the will of each people is becoming evident to ever broader strata of the public." The great achievements of socialism and the successes of socialist democracy serve as an inspiring example in the heroic struggle of the working class and its allies for peace and social progress. (shrink)

This is a practical lawyer's appeal for help on behalf of clients to whom the question of human rights is particularly pressing. It so happens that some of these clients are aliens, not citizens, so they can't very well talk or worry about rights of citizenship. Many of them are without property, and so not deeply interested in rights of property. Many of them have no jobs, and so are not particularly interested in the rights of labor. But all (...) of them are human, and if that gives them any rights, they would like to know, and I, as their lawyer, would like to know, what those rights are. And so I come to a forum of the wise men of America searching for light on that problem. If I can return to my clients with even one lighted candle, that would be better than sitting and cursing the darkness. But I should like to return with a whole candelabra of seven candles illuminating seven questions that seem to me to be at the heart of the world's great darkness today. (shrink)

In the past decade several international declarations have called for banning reproductive non-therapeutic and germ-line engineering. Article 11 of UNESCO’s Universal Declaration on the Human Genome and Human Rights states that practices that are contrary to human dignity such as cloning of human beings should not be permitted. Article 12 of the same declaration restricts genetic applications to the relief from suffering and the improvement of health. The European Council has also taken a strong stand on (...) germ-line genetic engineering in general and cloning in particular. Article 13 of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine simply forbidsgerm-line engineering except for diagnostic or therapeutic purposes. The convention along with its explanatory report make it clear that the rationale for the decision is based, in large part, on the need to protect the dignity of persons.Several notions of dignity have been advanced to support bans on non-therapeutic germ-line engineering. I argue that they fail to provide a rationale for such a ban. I consider both secular and religious views of human dignity. In addition, I argue that there are forms of germ-line and non-therapeutic engineering that are compatible with human rights. (shrink)

The main contentions of this paper are twofold. First, there is a more than century‐old Japanese tradition of human rights based on a fusion of Western concepts of natural rights and a radical reinterpretation of Confucianism, the major proponent of which was the Japanese thinker Nakae Chomin. Secondly, this tradition, although a minority view, is crucial for remedying the serious defects in the present Japanese medical system. In the latter half of the nineteenth century, Nakae Chomin sought to reinterpret (...) Chinese tradition, especially Confucianism, by injecting the concepts of popular sovereignty and democratic equality, drawn from Western sources. The resulting view maintained the Confucian commitment to a moral nexus for society, but replaced hierarchy with egalitarianism. The pressing need for such an approach to patients' rights in present‐day Japan is illustrated by two recent cases: the photographing and commercial exploitation of patients' genitals without serious response by authorities, and the attempt by physicians to manipulate the time of death and, possibly, to improperly pressure family members in order to transplant organs from the brain‐dead victim of a criminal assault. Such problems stem from hierarchy and paternalism, which seem to be a legacy of the rapid, state‐sponsored introduction of Western medicine in the mid‐nineteenth century, and in particular from the government's adoption of and support for German military medicine as a model for Japan. (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)

The paper develops a theory of human rights under three main headings: that ways of acting or of being treated require effective normative justification, that they must have authoritative political endorsement or acknowledgement, and that they must be maintained by conforming conduct and, where need be, by governmental enforcement. The paper, then, applies this notion of human rights to two main cases: as constitutional rights within individual states (the case primarily contemplated within the UN's Universal Declaration), and as (...) international human rights maintained by confederations of states or by looser international coalitions. (shrink)

The 2008 UN Convention on the Rights of Persons with Disabilities (CRPD) provides a landmark articulation of the universality of human rights. It affirms in strong terms that all human beings have a claim to full inclusion and equal participation in society, something denied to many because of disability. The CRPD is an ambitious document with far-reaching and fundamental implications. This interdisciplinary collection of essays takes up pressing philosophical, legal, and practical issues raised by the CRPD and the (...) ongoing process of its implementation. Combining clear legal and philosophical overviews with ground-breaking conceptual analyses, the collection aims to advance the academic debate about human rights and disability and to serve as a useful resource for policymakers, ethicists, disability activists, jurists, and all those interested in the human rights of persons with disabilities. With contributions by Jackie Leach Scully, Marcus Düwell, Jenny Goldschmidt, Sigrid Graumann, Caroline Harnacke, Jan Vorstenbosch, Esther van Weele, Joel Anderson, Jos Philips. (shrink)

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, the rule of (...) law, and administration of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights. (shrink)

The article analyzes the emergence and development of the concept of “postmodernity.” The authors investigate the changing understanding of the problem of man in the history of philosophy. The article analyzes the theses of M. Fuko and Z. Bauman and their view of postmodernity in the context of human rights. It is shown that the problem of rights excess replaces the crisis of modernism of lack of rights. The system of values and guiding principles in postmodern times leads to (...) a dilemma between the ability to exercise one’s rights and the ability to influence. (shrink)

'Applied Ethics and Human Rights: Conceptual Analysis and Contextual Applications' offers a philosophical perspective to ethical problems by providing an ...

The achilles heel of the universal declaration of human rights -- The concept of human rights during the cold war -- Birth of the post cold war human rights dogma -- Toward a human rights without freedom -- The loss of America's human rights exceptionalism -- Human rights versus natural rights : a convergence against liberty -- Conclusion : toward reforming human rights.

Economics plays a key role in human rights issues as decision-makers weigh the incentives associated with choosing how to use scarce resources in the context of committing or escaping human rights violence. This textbook provides an introduction to the microeconomic analysis of human rights utilizing economics as a lens through which to examine social topics including capital punishment, violence against women, asylum seeking, terrorism, child abuse, genocide, and hate. Whether analyzing the decisions made in capital punishment cases, (...) the causes and consequences of genocide, or the impact of terrorist acts on domestic and international decision-making, the science of economics provides tools and a systematic method of analysis and policy recommendation. This key text presents a method for integrating the social sciences of economics and human rights to create new opportunities for the investigation of social issues. Within each chapter, readers gain a fundamental understanding of a specific human rights issue, the decision-makers and the decision-making process involved, and the benefits and costs leading to the decisions. Experts on each issue, drawn from a variety of fields, contribute to each chapter and present first-hand accounts and different perspectives on each issue. The detailed analyses and accounts provided also explore the potential incentives involved in the prevention and termination of human rights violations. Aiming to further economic inquiry and enhance interdisciplinary research, this textbook serves as a multi-purpose guide for a range of readers. Students, researchers, and educators, as well as those working in organizations supporting victims of human rights violations and policy-makers facing human rights challenges, will find this book informative and engaging. (shrink)

The purpose of this paper is to philosophically examine how disinformation from state officials and politicians affects the right to access to information and political participation. Next to the more straightforward implications for political self-determination, the paper examines how active dissemination of lies by figures of epistemic authority can be framed as a human rights issue and affects trust patterns between citizens, increases polarization, impedes dialogue, and obstructs access to politically relevant information by gatekeeping knowledge. Analyzing European Convention on (...) Human Rights (ECHR) case law, the paper argues that human rights law provides some argumentative basis for extending individuals’ rights as epistemic and political agents towards a “right to truth spoken by politicians”. However, challenges in balancing a possible restriction of lies and assessing the real effective harm that comes from them remain, potentially leading to a vacuum of rights protection for less visible long-term harm to individuals and public discourse. In order to have a real chance at tackling the harmful consequences of publicly told lies from a human rights perspective, it is necessary to rethink the notion of harm to encompass more complex and abstract forms of politico-epistemic damage to individuals and the public. (shrink)

The book offers an original defence of a new materialist thesis that focuses on the biological core of humans to develop a theory of human rights.

The book offers an original defence of a new materialist thesis that focuses on the biological core of humans to develop a theory of human rights.

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

In mapping out the field of human rights for those studying and researching within both humanities and social science disciplines, the Handbook of Human Rights provides not only a solid foundation for the reader who wants to learn the basic parameters of the field, but also promotes new thinking and frameworks for the study of human rights in the twenty-first century. The Handbook comprises of nearly sixty individual contributions from key figures around the world, which are grouped (...) according to eight key areas of discussion: - foundations and critiques - new frameworks for understanding human rights - world religious traditions and human rights - social, economic, group and collective rights - critical perspectives on human rights organizations, institutions, and practices - law and human rights - narrative and aesthetic dimension of rights - geographies of rights In its presentation and analysis of the traditional core history and topics, critical perspectives, human rights culture, and current practice, this Handbook proves a valuable resource for all students and researchers with an interest in human rights. (shrink)

It may be suggested that much of what goes by the name of contemporary cosmopolitanism is liberalism envisioned at the global level. It has become a common claim that the liberalism which provides the ethical content for cosmopolitanism is not tolerant enough of diverse ways of living; that liberalism’s claim to be a just referee between competing conceptions of the good life in fact hides a failure to treat diverse forms of life with an egalitarian hand. This essay argues this (...) is a correct observation that is in principle a good thing, not something to be derided. At least from the liberal point of view, part of the misunderstanding lies in the tendency to translate liberalism’s claim to be egalitarian towards all individuals into the claim that this means liberalism must be egalitarian towards all the conceptions of the good life that are held by these individuals. Such an extension of liberalism’s tolerance and egalitarianism would in fact undermine liberalism’s core values and render the cosmopolitan project a series of contradictions in terms. (shrink)