Digital transformation and “artificial intelligence (AI)”—which can more adequately be called “data-based systems (DS)”—comprise ethical opportunities and risks. Therefore, it is necessary to identify precisely ethical opportunities and risks in order to be able to benefit sustainably from the opportunities and to master the risks. The UN General Assembly has recently adopted a resolution aiming for ‘safe, secure and trustworthy artificial intelligence systems’. It is now urgent to implement and build on the UN General Assembly Resolution. Allowing humans and (...) the planet to flourish sustainably in peace and guaranteeing globally that human dignity is respected not only offline but also online, in the digital sphere, and in the domain of DS, requires two policy measures: (1) human rights-based data-based systems (HRBDS): HRBDS means that human rights serve as the basis of digital transformation and DS. (2) International Data-Based Systems Agency (IDA): IDA should be established at the UN as a platform for cooperation in the field of digital transformation and DS, fostering human rights, security, and peaceful uses of DS, as well as a global supervisory institution and regulatory authority in digital transformation and DS. The establishment of IDA is realistic because humanity has already shown in its past that we are able to not always “blindly” pursue the technically possible but also to limit ourselves to what is technically feasible when humanity and the planet are at stake. For instance, humans researched the field of nuclear technology, developed the atomic bomb, and detonated it several times. Nonetheless, the same humans limited research and development in the field of nuclear technology to prevent even worse consequences by establishing the International Atomic Energy Agency (IAEA) at the UN. (shrink)

Based on the experiences of anthropologists and others who document abuses and serve as expert witnesses, case studies from around the world offer insight into reparations proceedings; the ethical struggles associated with attempts to secure reparations; the professional and personal risks to researchers, victims, and human rights advocates; and how to come to terms with the political compromises of reparations in the face of the human need for justice.".

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed (...) in light of three landmark decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed (...) in light of three landmark decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights.]. (shrink)

The Nature of Liberty trilogy presents an ethical case for individual liberty, arguing from the philosophy of Ayn Rand and citing the findings of evolutionary psychology to demonstrate the compatibility between human nature and laissez-faire liberty. The first installment, The Freedom of Peaceful Action, makes the philosophic case that an approach starting from observational reason will indicate the practicality and ethical desirability of a free-market system based on rights.

현대 가톨릭교회의 평화 사상과 국제사회의 ‘평화권’ 운동은 모 두 ‘보편적 인권’에 기반하는 평화체제’를 강조한다. 가톨릭 평화사 상과 국제사회의 평화운동이 같은 노선 위에서 변화를 가져올 수 있었던 배경은 제2차 세계대전 이후의 사회변화에 있다. 전쟁의 참 상, 빈곤의 고통, 국가 간 갈등을 발생시키는 구조적 폭력의 문제 들은 인권의 문제를 직시하게 만들었다. ‘평화권’에 대한 구상은 더 는 물리적 폭력이 없는 소극적 평화에 만족하지 않고, 경제 사회 문화적인 구조적 폭력을 없애는 적극적 평화개념에 이르렀다. 평 화 만들기를 위한 제안들은 ‘평화롭게 살 권리’와 ‘연대권’으로 개 념화되고 (...) 있다. 이 권리들은 ‘전쟁을 거부할 권리’, ‘군사외교안보 정책을 민주적으로 통제할 권리’, ‘발전과 환경에 대한 권리’ 등을 포괄하며, 평화권이 개인과 집단의 권리이며 의무라는 점을 확인 한다. 난민을 포함한 이주민의 문제도 국가 간 불평등을 제거해야 하는 평화의 문제에 속한다. ‘평화권’ 개념은 가톨릭의 평화사상과 공통된 지향을 가질 뿐 아 니라, 아래로부터 요구되는 평화운동으로 이해할 수 있다. 한국사 회에서 ‘평화권’은 특별히 1919년 ‘거리의 평화운동’을 계승한다는 역사적 의의도 지닌다. 여전히 냉전시대를 살고 있는 비동시적 상 황에서, 한국사회는 ‘평화권’에 기초한 새로운 평화주의 원리를 발 전시켜야 할 과제를 지닌다. 그 원리는 한국사회의 민주주의를 발 전시키고, 한반도의 문제를 안정적이고 지속적으로 풀어 나가는 방안이어야 하며, ‘동아시아 평화 공동체’를 만들어 나가는 동력이 되어야 한다. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a (...) class='Hi'>human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them. (shrink)

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a (...) class='Hi'>human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.Bangladesh Journal of Bioethics 2015 Vol.6 (1):15-21. (shrink)

The under-reporting of sexual abuse reduces the chances of winning the battle against sexual abuse of women and children in Zimbabwe. It leaves girl children powerless and vulnerable, despite the country’s determination to put an end to injustice and gender discrimination in line with the Sustainable Development Goals (SDGs), in particular, SDG 5, which focuses on gender and equality, and SDG 16, which is concerned with justice and peace. The aim of this study was to explore the barriers to (...) reporting sexual abuse in Ruwa. Informed by the human rights-based approach, the study adopted a quantitative research design. Survey data were solicited from 51 randomly selected female respondents. Results revealed that 69% of the respondents were abused, yet only 2% of the total respondents reported the abuse to authorities, while 67% did not report incidences of abuse. About 98% of respondents believed that most sexual abuse cases in Ruwa went unreported. Results also showed that barriers to reporting sexual abuses comprised cultural and economic factors, most of which were characterised by shame, embarrassment, and fear, as well as the desire to protect male breadwinners. The results are consistent with existing literature generalisations on sexual abuse, particularly in terms of the prevalence of sexual abuse and under-reporting. It is also argued that culture is the determinant factor for most of the barriers to reporting sexual abuse, as well as the effects of reporting.Based on the results and in view of promoting and protecting human rights associated with sexuality, the study recommends that local authorities and social institutions implement awareness programmes and campaigns on reporting sexual abuse in the community.Contribution: This study is the first of its kind in Ruwa. Its significance is embedded in how it reflects on the role played by culture, religion and societal views on matters of sexual abuse. (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)

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)

A human right to freedom of religion is not equivalent to a right to tolerance. Human rights and tolerance-rules serve for different purposes and are based on different justifications. Tolerance-rules serve to protect a peaceful living together with strangers who share no common values. Human rights serve to protect every individual’s personhood. Religion can only be a matter of human rights, if and so far as it is a condition of development and (...) maintenance of personhood. Discussion about a human right to freedom of religion makes sense only if we can identify a particular scope of protection which concerns only religion and if the freedom of religion is not embraced by wider-framed freedoms. The freedom of religious thoughts and the freedom of religious speech are embraced by the general human rights to freedom of thoughts and freedom of speech. Here, there is no need for a special human right to freedom of religion. The right not to be forced to act contrary to religiously founded moral rules is embraced by the general human right to freedom of conscience. And again, there is no need for a special human right. The target of religious practices in a narrower sense is to become flexible and porous and not to resist the threats of the sacral in order to avoid the destruction of personhood. Therefore, we have to recognize a human right to freedom of religious rites. It protects only the actions of accommodation to the overwhelming power of the sacral. It does not protect, however, any action with which it is intended to rule the world or to rule over others, to organize certain practical challenges, or to discover or to maintain scientific theories or technical means. (shrink)

Human rights are often taken for granted, but "What is the basis of human rights?" This is no easy answer, De Xiao Weiqi, in his 2004 book of this difficult the problem. He considered the following four main theories: First, the external theory: the root cause of human rights outside the law, such as human rights divine theory; Second, the intrinsic theory: the root cause of human rights within the law (...) - law positivism ; three, rationalist approaches: human rights is based on rational intuition ; Fourth, experience-based approaches: human rights from human experience, especially experience the experience of injustice. He made ​​the first three theories are severely criticized, and to promote a fourth to experience-based approaches. This paper points out that although the experience of Germany and Xiao Weiqi theory have many advantages, but it is evidence of human rights legislation are vague and inconsistent standards of the Department, and its invention on human rights can not provide more solid foundation. In fact, these issues are perceived more or less de Xiao Weiqi, he repeatedly pointed out that the need for external to the human rights legal standards, I think the divine rights theory is to provide a basis for human rights may be one of the world. De Xiao Weiqi theory of divine criticism of human rights have a good reminder, but I think it still can not rule out the Christ-centered Christian contemporary human rights theory. Human rights are often taken for granted but in fact the origin or foundation of human rights is not an easy question. Alan Dershowitz tries to tackle this thorny issue in his 2004 book: Rights from Wrongs: A Secular Theory of the Origins of Rights. He mainly considers four theories: 1) externalism, eg, the divine source of human rights theory; 2) Internalism, eg, legal positivism; 3) Rationalism, eg, the claim that human rights are founded upon rational intuitions; 4) Experiential approach, ie, human rights are derived from our historical experience of serious wrongs or injustice. He severely criticizes the first three theories, and defends the fourth. In this article, I will point out that despite quite a few merits of Dershowitz's theory; his criteria for the validation of human rights are vague or even inconsistent. His general stance of constructivism towards moral and human rights claims, moreover, are unable to provide solid foundations for human rights. In fact Dershowitz is to some extent aware of these problems, and he feels that human rights do need an objective external source, if only it is possible. I think the theistic worldview is indeed able to provide this objective external source. Dershowitz has raised a lot of good questions for the divine source theory but I argue that in the end they cannot exclude the possibility of a contemporary Christocentric theory of human rights. (shrink)

PurposeThis paper scrutinizes the impact of socioeconomic, political, legal and religious factors on the internal ethical values of human rights organizations worldwide. The authors aim to examine the Code of Ethics for 279 HROs in 67 countries and the social and legal settings in which they operate.Design/methodology/approachUsing the framework of protect, respect and remedy, the authors look for keywords that represent the human rights lexicon in these three areas. In the protection of human rights, (...) the authors select the terms: peace, transparency, freedom and security. For the respect of humans, the authors use the terms: dignity, equality, respect and rights. Sources of remedies come from justice and ethics. The analysis seeks to determine what political economy settings drive the ethical value choices of the organizations. Those choices are proxied by those keywords they mention in their Code of Ethics.FindingsThe analysis show that the scope of ethical values mentioned are higher when the HRO is in a country with more domestic violence, lower income inequality, French civil or Islamic legal origin and higher trust in politicians. In regard to the determinants of the ten keywords individually, the authors conclude that the status of the socioeconomic, political, religious and legal settings impact with local HROs mention each of the keywords: peace, justice, transparency, dignity, equality, ethics, respect, freedom, security and rights.Research limitations/implicationsThe analysis is based on HROs that have a webpage in English and list the employee Code of Conduct.Originality/valueThis study is the first to examine the Code of Ethics for HROs. The authors demonstrate that country-specific characteristics help to drive their internal ethical values. (shrink)

Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect (...) human rights from technology-based harms. This paper covers a few conceptual and institutional considerations highlighted in seminal works from scholars and international human rights institutions. To name a few; (1) technology and discriminatory challenges (2) design and use of technology (3) digital divide amongst countries (4) duty of actors, (5) neoliberal technologies, (6) the use of prohibitions and remedies, and (7) the emergence of new human rights. Much of the advocacy and rights-based interventions around the globe are attentive to technology’s challenges to human rights. The abovementioned considerations define the core of the international normative framework, which is often advanced to protect human rights from technology-based harms. (shrink)

The application of the death penalty for perpetrators of riddah by fuqaha is a problematic violation of human rights. This is because there is no good reason to show that the punishment for riddah is the death penalty. The existence of the hadith which is considered to be the legitimacy of riddah punishment turns out to be very different from the reality of its application in the history of Islamic criminal law. This article aims to answer academic anxiety (...) about the death penalty for perpetrators of riddah as a result of the ijtihad of fuqaha as well as to confirm the construction of its historical reality in state life. This article finds that some verses of the Qur’an and the hadith which are used as legal basis by fuqaha are only understood textually and treated as absolute theological verses and hadiths, but not based on historical evidence. The history of the application of criminal punishment during the time of the Prophet shows that there is no application of the death penalty to the perpetrators of riddah, except riddah which is followed by criminal acts. So it is not solely because of the act of riddah itself, but because of a greater crime against Islam. The implementation of the death penalty for the perpetrators of riddah which is based on textual interpretation of the hadith, thus has the potential to conflict with the principles of human rights and religious freedom which have been regulated in the Qur’an. Contribution: This study enriches perspectives on the meaning of riddah as one of the strategic issues in Islam and shows that a new interpretation of riddah has become an important idea to promote a peaceful and inclusive society and provide access to justice for all. (shrink)

“It is certainly no accident that precisely here, in this region of continual threats to, and continual defence of one's own identity — whether personal, cultural or national identity — there is such a long tradition of the idea of truth, a truth for which one must pay, the truth as a moral value. One constantly runs up against this tradition, from Cyril and Methodius to Hus and Masaryk, Stefanik and Patocka”. This citation from a lecture entitled “Morality and Politics” (...) provides a brief sketch of the background to the thought of the current Czech president, Vaclav Havel.Though lacking any academic training in philosophy, Havel was strongly influenced by the ideas of the philosophy professor from Prague, and founder of Charta 77, Jan Patocka. Inspired by some of Patocka's last writings, in 1978 Havel wrote an essay on Charta 77 which was dedicated to Patocka. The title of this essay was taken from one of Patocka's central statements: Attempt to Live in the Truth. Patocka's influence is also clearly evident in `Letters to Olga', in his speeches as president and in his thinking on Europe.Havel's thought, via the thought of Patocka, must be situated within a dual tradition. On the one hand it is rooted in Czech history. Patocka had already in his early writings thematized the ideas of Thomas Masaryk. The work of Masaryk, who became the first president of the new Czech republic after the fall of the Austro-Hungarian monarchy, is characterized by an awareness of the crisis of rationality, like in the later Husserl. On the other hand Havel's thought, again by way of Patocka, is rooted in a phenomenology that is primarily oriented toward Germany. Patocka is often regarded as the interpreter par excellence of the dialogue between Husserl and Heidegger.This article is based on a speech given by President Havel during the 50th anniversary commemoration of the Universal Declaration for Human Rights, in Geneva, March 16, 1998. (shrink)

Despite its commonality rape in war has long been an invisible war crime. Gender-based violence has escaped sanction because it has been shielded into the private sphere. Although rape in war is a form of public violence committed by soldiers representing a state it continues to be conceived as a private crime, committed by individual men. If women's human rights are to be respected in war and in peace the imaginary border between the public and the (...) private has to be abandoned. In this article rape in war is studied as a case of injustice for women in violent conflict. Arguments against feminist versions of ethics of care are formulated as these theories fail to challenge the public/ private distinction due to deep and constitutive gender norms. As an alternative, a narrative, feminist ethic of justice is presented based on women's narratives of experienced injustice in war. The theoretical model is developed through the integration of values derived from the ethics of care and thereby dismisses the distinction between public and private and between reason and emotion. The conclusion is that both substance and form of human rights must be based in concrete, situated gendered people's experiences of getting their human rights violated. (shrink)

Renate Holub provides a critical introduction to the philosophical foundations of human rights as developed by the Italian philosopher Giambattista Vico [1668-1744]. She demonstrate the profoundly innovative principles he contributed to and his contemporary relevance for a global theory of justice. Leading twentieth century transatlantic intellectuals, like Joseph Schumpeter, Arthur Nussbaum, Robert Cox who, though for quite different ultimate purposes, were variably working at the intersections between sociology, economic analysis, and international legal thought, squarely recognized the gravitas of (...) the unprecedented conceptual reach of the principles governing Vico’s social science. What is central to Vico’s international philosophy is an understanding of civilizational history not marked by permanent violence between individuals or groups of people. Rather, it is an understanding which outlines a broad historical tendency towards the reduction of violence in the internal and external organizations of social relations of peoples in all global regions. Vico’s political thought developed significant elements for a global theory of justice based not on legitimations of violence, as ‘just war’ theories, but for structuring, however minimally, the conditions of ‘permanent just global peace.’. (shrink)

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United (...) Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace. (shrink)

The paper seeks to understand India’s evolving rights framework in the backdrop of cow vigilantism. To that end it discusses the human right to food and nutrition, international discussion on minority rights issues in India and the relevant legal and constitutional discussion in India. It finds that India’s rights framework has evolved since proclamation of India as a Republic in 1950 based on the supremacy of its written constitution containing fundamental rights and directive principles (...) of state policy interpreted finally by its Supreme Court. The government took a wise step by not challenging a judicial rebalancing of the rights framework in response to certain executive measures and the Supreme Court interpreted the right to life to include not only the right to the choice of food but also the right to privacy and thereby underscored the obligation of the State to compensate the victims of cow vigilante violence. However, a constitutional polity and secular state would do all well if it did any further necessary to better guard against any recurrence of the breach of civil peace, much less violence, on purely secular issues, including by strengthening and increasing dialogue with all representative communities in all its decision-making on such matters. (shrink)

This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis (...) on freedom of choice, its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in IV.1, in its current form CAHR faces two serious objections by the defenders of the political perspective: the Gap Between Capabilities-Interests and Rights Objection and the Disconnect From Practice Objection. Answering these criticisms requires some amendments to CAHR. Section IV.2 suggests a response to the first objection based on the introduction of a contractualist framework of justification. Sections IV.3 and IV.4 tackle the second objection by introducing a re-characterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. (shrink)

In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural rights (ESC (...) Rights). They argue that at least some international human rights on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cross-Cultural Dialogue on Human Rights and the Limits of Conversation:A Reply to Stephen AngleRandall PeerenboomSteve Angle correctly notes that I do not believe that he provides a satisfactory answer to the questions of how to determine whether we are dealing with a single rights concept or discourse or multiple concepts or discourses. He also correctly notes that I believe that philosophical discussions of how to understand (...) concepts [End Page 324] (and usually even discussion of the concepts themselves) tend to divert attention from the real human-rights issues that affect people's lives.One response to my first claim is to suggest that I locate the problem in the tension between what looks like a community-based definition of concepts and his endorsement of a holistic approach to meaning according to which our individual webs of commitments always vary to some extent from one to another.1 There is a tension between a conventional view of concepts that looks to community practices and holistic approaches to meaning that focus on the webs of beliefs of individuals. But that issue, which I agree is not overly troublesome for the present purposes, is not related to the main objection I raise to his adoption of Brandom's theory of concepts. The basic point is that the switch to the more practice-oriented commitments approach to concepts (from the shared-meanings view of concepts) does not provide meaningful criteria for determining when commitments are sufficiently similar or different to decide claims that people are using the same concept or different concepts. Accordingly, it does not solve the philosophical issues that arise in assessing claims such as "Li Buyun and Joseph Raz are using the same concept of rights" or "China has a distinctive rights discourse and thus rights are contingent rather than universal" or "China has a rights discourse similar to that in the West, which supports the view that rights are universal."Angle's second response to my first criticism is to agree that there will be problems drawing lines, and that where we draw the lines will be arbitrary to some extent, in part because of the generality of concepts and in part because where we draw the lines will be affected by our normative views and our purposes for using the concepts. But he suggests that this is not problematic. However, the commitments approach is not very useful philosophically if two people can score commitments in very different ways, or include some commitments and not others in the calculus, and thus reach different conclusions on whether they are using the same concept of right. At least this failing is more than a little problematic for a philosophical account of concepts that purports to promote cross-cultural dialogue by allowing us to sort out claims about whether we are using the same concept or different concepts, whether we mean the same thing by "rights," and whether China's rights discourse is distinctive.But perhaps Angle means that the inability to state clearly whether people are using the same concept, or whether China has a distinctive rights discourse or one similar to Western rights discourse, is not problematic in the practical sense that it does not matter very much to the real human-rights issues that affect people's lives. If so, then we are in basic agreement on the second issue.Support for this view is found in the following passage from his response: "Chinese rights discourse has been, by and large, distinctive (that is, different in various ways from much of Western rights discourse), but this distinctiveness does not stand in the way of communication, dialogue, and constructive engagement. Identifying conceptual differences only leads to angry stares if one wants to manufacture an excuse for ending the conversation. Even then, anyone familiar with my argument should be able to see that the obstacle to conversation is not the conceptual difference [End Page 325] but the desire not to cooperate." This claim suggests that differences in concepts are not as important to resolving rights disputes as the desire to continue the conversation.First, neither I nor Angle claim that differences in concepts are never important to resolving... (shrink)

Background and Objectives People living with dementia have historically been excluded from qualitative research and their voices ignored due to the perception that a person with dementia is not able to express their opinions, preferences and feelings. Research institutions and organizations have contributed by adopting a paternalistic posture of overprotection. Furthermore, traditional research methods have proven to be exclusionary towards this group. The objective of this paper is to address the issue of inclusion of people with dementia in research and (...) provide an evidence-based framework for dementia researchers based on the five principles of human rights: Participation, Accountability, Non-discrimination and equality, Empowerment and Legality (PANEL). Design This paper adapts the PANEL principles to the research context, and uses evidence from the literature to create a framework for qualitative research in people with dementia. This new framework aims to guide dementia researchers in designing studies around the needs of people with dementia, to improve involvement and participation, facilitate research development and maximize research outcomes. Results A checklist is presented with questions related to the five PANEL principles. These questions cover ethical, methodological and legal issues that researchers may need to consider while developing qualitative research for people with dementia. Conclusions The proposed checklist offers a series of questions and considerations to facilitate the development of qualitative research in patients with dementia. It is inspired by current human rights work of recognized dementia researchers and organizations who have been directly involved in policy development. Future studies need to explore its utility in improving participation, facilitating ethics approvals and ensuring that outcomes are relevant to people with dementia. (shrink)

한반도에서 여성 인권 상황은 어떠한가? 한반도는 잠재적 무력 분쟁 지역이기 때문에, 전쟁과 관련하여 여성 인권 문제를 논하지 않을 수 없는 곳이다. 전쟁과 여성 인권의 관계는 단지 한국 사회의 관심사에 그치지 않고, 국제평화 내지 세계평화의 실현과 관련된다. 이런 발상은 무력 분쟁에서 여성과 여아에 대한 성폭력 및 인권 유린이 국제평화 실현에 방해가 된다는 맥락에서 접근하는 유엔 안전보장이사회의 결의안 내용과도 맞물려 있다. 그래서 이 글은 유엔 1325호 결의안 및 후속 결의안을 토대로 하여 여성 인권을 논하려고 한다. 20세기 후반에 발생한 전쟁을 살펴보면, 사망자는 대부분 (...) 민간인이고, 그 중 여성과 여아가 80-90%를 차지한다. 그리고 무력 분쟁이 일어나는 곳에서 여성과 여아 및 아동에 대한 성폭력과 기타 형태의 폭력이 심각한 수위에 이르렀다. 국제적 여성 NGO들과 여성단체들이 이 부분에 주목하면서 유엔 안전보장이사회에 문제의 심각성을 전달했고, 그래서 여성과 평화와 안보에 대한 결의안이 만들어진다. 2000년에 1325호 결의안을 만들고, 문제점을 보완해 나가기 위해 후속 결의안들을 자꾸 내놓고 있다. 여성과 평화와 안보에 대한 결의안들은, 전쟁을 포함한 무력 분쟁이 여성 인권에 어떤 영향을 미치는지를 진단한다. 그리고 무력 분쟁에서 지속적으로 발생하는 여성과 여아에 대한 폭력은 여성 인권을 저하시킬 뿐만 아니라, 궁극적으로 국제평화의 걸림돌이 된다고 결론내린다. 세계 평화를 실현하려면, 무력 분쟁에서 여성과 여아에 대한 성폭력을 자행해서는 안 되고, 궁극적으로 근절하지 않으면 안 된다고 할 수 있다. 근절을 이루기 위해서는 사회의 모든 부분에서 여성의 지위가 달라져야 한다. 지위 변화를 위해 여성 참여와 대표성을 높이는 성 주류화가 요구된다. 그러나 성 주류화 이전에 강조해야 할 점은 무력 분쟁이 일어나는 곳에서 여성과 여아에 대한 폭력이 발생해서는 안 된다는 점이다. 그러려면 무력 분쟁 당사자들 및 유엔 파견 평화유지군 모두가 ‘성 인지적 관점’을 지녀야 한다. 성 인지적 관점과 성 주류화는 무력 분쟁 시 발생하는 여권 유린을 최소화할 수 있다. 무력 분쟁 내지 전쟁 시 여성 인권을 유린하는 사람들은 유린 행위에 그치지 않고, 왜곡된 여성관을 형성하게 되고 일상으로 돌아와서도 성폭력에 접근하기가 쉬워진다. 일상에서 만나는 여성의 존엄성과 지위를 하락시키는 가치관을 자연스럽게 배태하게 된다. 이것은 결과적으로 세계 평화를 저해하는 요소가 된다. 그러므로 무력 분쟁 관련자들이 성 인지적 관점을 지니도록 교육시키고, 교육을 위한 정치적, 법적 장치를 각 국가들이 만들도록 해야 한다. 이렇게 변화를 이루어 내려면 여성의 대표성을 늘리고, 여성의 지위를 향상시키는 장치들이 필요하다. 이 글은 이러한 주장을 뒷받침하기 위해 칸트와 헤겔의 전쟁론을 살펴보고, 그들의 전쟁론에서 세계평화와 국제평화를 실현하기 위한 법적 장치, 인간성 및 도덕성에 관한 논의가 어떻게 나타나는지를 살펴본다. 여기에서 도출되는 세계시민사상, 법과 도덕의 상호 보완적 측면이 여성의 인권 실현과도 관련이 있으며, 궁극적으로 무력 분쟁에서 여성과 여아에 대한 성폭력 및 기타 폭력은 국제평화 실현에 걸림돌이 된다는 데로 나아가려고 한다. 여성의 인권을 실현하는 일은 여성의 사회적 지위와 연관된다. 여성의 사회적 지위 향상은 여권 유린을 막는 기반이며, 무력 분쟁을 줄이는 근간이 된다. 무력 분쟁을 줄이거나 막는 것은 무력 분쟁 시의 성폭력 및 여권 유린을 최소화하여 국제평화를 실현하는데 이바지한다. (shrink)

Immanuel Kant is the author of the project of “perpetual peace” as a concept for a global federation of states remaining in peaceful relations towards each other. According to the philosopher, in order for such a federation to be possible at some time in the future, individual states need to be institutions which respect their citizens’ right of self-determination. An additional necessary condition for the future implementation of “perpetual peace” is the appearance of at least one state with (...) a republican system of government. The German thinker saw that as the first step towards realising “perpetual peace”. According to Kant, “perpetual peace” is not only limited to the existence of a certain set of institutions, appropriate laws, or external relations among states and individual people. “Perpetual peace” chiefly demands that people internalise the following obligations: 1. peaceful conduct towards others; 2. hospitality; 3. fairness; 4. respect towards the self-determination of others; 5. self-sufficiency; 6. respecting the freedom of others; 7. refraining from actions which might raise distrust in others. Based on those requirements, the philosopher suggests that the fundamental condition for a future existence of “perpetual peace” is the proper moral education of people. (shrink)

Immanuel Kant is the author of the project of “perpetual peace” as a concept for a global federation of states remaining in peaceful relations towards each other. According to the philosopher, in order for such a federation to be possible at some time in the future, individual states need to be institutions which respect their citizens’ right of self-determination. An additional necessary condition for the future implementation of “perpetual peace” is the appearance of at least one state with (...) a republican system of government. The German thinker saw that as the first step towards realising “perpetual peace”. According to Kant, “perpetual peace” is not only limited to the existence of a certain set of institutions, appropriate laws, or external relations among states and individual people. “Perpetual peace” chiefly demands that people internalise the following obligations: 1. peaceful conduct towards others; 2. hospitality; 3. fairness; 4. respect towards the self-determination of others; 5. self-sufficiency; 6. respecting the freedom of others; 7. refraining from actions which might raise distrust in others. Based on those requirements, the philosopher suggests that the fundamental condition for a future existence of “perpetual peace” is the proper moral education of people. (shrink)

Recent years have seen increased debate about the contributions that human rights make to the creation of conditions of peace. However, less attention has been paid to the claim that peace itself is a genuine human right. Whereas some critics argue that a focus on rights results in an overly formal juridical account of peace at the expense of a more robust notion of positive peace, others contend that a legal framework of (...) rights is all that is needed to eliminate violent conflict. In this paper I strike a position between these two arguments and articulate a normative defense of the human right to peace embedded within a broader discourse of social justice. I do so by demonstrating that a right to peace is a genuine human right because it satisfies appropriate justificatory tests, including those concerning its scope, the duties it generates, and its economic feasibility. S. Afr. J. Philos. Vol.21(3) 2002: 147-162. (shrink)

This article proposes a systematic approach to designing and assessing participatory processes, built from principles in the field of human rights. It argues that participatory processes should be organised around human rights principles which provide detailed but flexible guidance on participatory processes. Drawing from well-established human rights principles and the commentary of human rights bodies on participation, the article outlines a framework that can be used to advocate for, establish, implement, and evaluate (...) participatory processes. It addresses four normative questions relating to participation: what decisions require participation, who should participate, how should participation be implemented, and what consequences should it have on subsequent decisions with human rights norms informing each of these questions. (shrink)

Remarkably, there have been three decisions by the Court of Appeal and one decision by the Supreme Court (including notably R(G) v Governors of X School) in the space of three years on the same question as to whether the procedural guarantees of Article 6 European Convention on Human Rights (ECHR) can apply to disciplinary proceedings in the workplace. The earlier recent domestic decisions held that Article 6(1) could apply or did apply to workplace disciplinary procedures and could (...) imply or did imply a right to legal representation. More recently, employees have used Article 6 to argue for a right to independent disciplinary panels. In comparison, the more recent domestic decisions have held that Article 6(1) did not apply to workplace disciplinary procedures. This article explores the scope for Article 6(1) to apply to workplace disciplinary procedures by looking at the Strasbourg case law and explores the additional possibility that Article 6 could be engaged in workplace disciplinary procedures based on the alternative civil rights not to be wrongfully dismissed or unfairly dismissed. The benefit of these alternative civil rights would be that they would open up the protection of Article 6 to more employees than just professionals. This article also discusses the apparent conflict between the aims of employees in the cases on Article 6 ECHR and recent broader policy developments in favour of early and informal resolution of employment disputes. It is concluded that these cases reinforce objections to the Coalition Government’s broader ‘rebalancing’ agenda, as dismissal laws require strengthening and not further weakening. (shrink)

Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 was passed by the Philippine Congress in order to address the concerns of the indigenous communities which had received marginal attention through the past decades. Indigenous communities have also been displaced from their lands due to armed conflicts between government soldiers and secessionist groups, particularly the Moro rebels and the communist-led New Peoples’ Army. The Philippines has been privy to peace initiatives with these two groups for some (...) time now. Political circumstances, however, and legal impediments have periodically stalled the peace processes. It is the author’s intention to focus on the predicament of indigenous communities as they seek a strategic role in shaping the content of peace agreements being negotiated by the Philippine government with the rebel groups. How have the indigenous communities made an impression on the two peace processes through the years? And, have the indigenous peoples’ rights been sufficiently protected in the context of the peace agreements? The author will draw from his own insights on the peace processes and agreements which have been negotiated and even tested before the Supreme Court of the Philippines. (shrink)

Buddhism has long been recognized as a religion of peace and non-violence. In today’s world, various conflicts take place between nations, religions, and ethnic groups. Buddha saw that people can live together freely as individuals, equal in principle, and therefore responsible for each other. Buddha explains that every member of the human family, man and woman alike, has an equal right to liberty. He recognized that each of us is just a human being like everyone else. The (...) Buddha has given this example in his own monasteries. The monks who belonged to different castes were given the opportunity to spend time together in the same monastery, which included holding meetings altogether, irrespective of ethnicity, caste, or religion, walking together in the Pindapātha, and holding Dhamma discussions together in the one Dhamma hall. The objective of this study is to identify Buddha’s teaching on social and ethnic harmony throughout the Buddhist scriptures (Pāli Canon) and consider its application in conflict resolution. Special attention will be paid to the doctrine preached by the Buddha which can be applied to build mutual understanding, relationships, and peace. The study method in this study is historical texts (Sutta Pitaka) content analysis and is carried out using the library survey methodology. (shrink)

Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain benefits, (...) yet war is part of the human condition. James G. Murphy’s insightful analysis of the jus ad bellum criteria—competent authority, just cause, right intention, probability of success, last resort, and proportionality—is grounded in a variety of contemporary examples from World War I through Vietnam, the "soccer war" between Honduras and El Salvador, Afghanistan, and the Middle East conflict. Murphy argues persuasively that understanding jus ad bellum requires a primary focus on the international common good and the good of peace. Only secondarily should the argument about going to war hinge on the right of self-defense; in fact, pursuing the common good requires political action, given that peace is not simply the absence of violence. He moves on to demonstrate the interconnectedness of the jus ad bellum criteria, contending that some criteria depend logically on others—and that competent authority, not just cause, is ultimately the most significant criterion in an analysis of going to war. This timely study will be of special interest to scholars and students in ethics, war and peace, and international affairs. (shrink)

Purpose. The article is aimed to study the anthropological, socio-philosophical and philosophical-legal dimensions of the ontological sphere of human life within the discourse of restricting human rights during pandemic threats. To do this, one should solve a number of tasks, among which are the following: 1) to explore the anthropological and praxeological understanding of fear as a primary component of human existence in a pandemic, which prevents people from changing their lives for the better and healthier, (...) having fun and happiness; 2) to put a focus on the habituation of fear as a two-dimensional adaptation to risks and threats from pandemics; 3) to reflect the anthropological features of changes in human life experience under the influence of the COVID-19 pandemic in the discourse of human rights and public health measures. Theoretical basis. Today, international guiding principles on human rights response to global natural threats have been updated. However, there are still no specific legal recommendations concerning measures on human rights protection during outbreaks of various infectious diseases. However, the influence of unexpected global challenges causes a change in the anthropological component of society and the state, so it requires immediate comprehensive research. Originality. It was substantiated a systematic approach to the implementation of modern healthcare policy towards the recognition of human life as the highest value, increasing the level of psychological preparedness for pandemic challenges and approximation of statutory provisions of human rights protection to modern challenges and threats to the health of the individual, society and state. The study of anthropological, socio-philosophical and philosophical-legal dimensions of human existence in the discourse of pandemic threats made it possible to reveal the profound influence of fear on human life, social justice and, consequently, identify the moral and legal dependence of the development level of society and the state on the level of axiological and anthropological concept of human dignity. Conclusions. Based on the study of statistical reports, international analysis and the use of personal authorial methods, the following can be stated: the methods of combating the modern pandemic have directly affected everyone on national and international level. Their influence is significant because it changes the rules of coexistence and life of people in all spheres. However, the influence on the consciousness and other intentions of the individual has mostly temporally insignificant limits. (shrink)

There was no dialogue between Simone Weil and Emmanuel Levinas. In many regards, however, their philosophies have much in common. Both defend a conception of human rights as rights of others and as an obligation for the self. Both understand this obligation as an obligation of attention and action for others, based on their needs and their vulnerability. Both find the source of this obligation in the transcendence of the other, and both connect it with a (...) radical passivity of the self, who is subjected to this obligation in spite of itself. At the same time, this proximity between the two philosophers entails and reveals profound differences between them, partially due to the difference between Weil’s metaphysics of light and Levinas’s metaphysics of language. These differences concern the status of subjectivity and of its duty toward the other, as well as the idea of an acceptation of sufferance, especially of the sufferance of others. (shrink)

The ideal of the United Nations was first put forward by Immanuel Kant in his 1795 essay Perpetual Peace. Kant, in the tradition of Locke and Rousseau is a liberal who believes that relations between individuals can either be based upon law and consent or upon force and violence. One way that such the ideal of world peace could be achieved would be through the creation of a single world state, of which every human being was (...) a citizen. Such an ideal was advocated by a number of eighteenth century liberals. Kant, however, rejects this ideal and instead argues that the universal rule of law can be achieved through the establishment a federation of independent states. I examine the relevance of Kant’s arguments today, focusing on two questions: Firstly, as advocates of the rule of law, why advocate a federation of independent nations rather than a single world state. Secondly, is this ideal realizable? Is Kant right to think that republics are natural and are likely to live peacefully with one another? Kant’s arguments on this issue have been taken up again in recent decades by defenders of the theory of the “democratic peace”, the theory that democracies are more likely to live at peace with one another. (shrink)

The Islamic Republic of Iran is unsecular and follows religious interpretations from Shia Islam in deciding the laws of the land. In recent decades, the strengthening of civil society in the country has shaped various political debates on human rights among secular intellectuals and reflected in the discourse of some religious figures as well. While the regime has officially adopted the Cairo Declaration on Human Rights in Islam (CDHRI) since 1990, different views on the Islamic (...) class='Hi'>human rights and its social implications still exist among the conservative and reformist Shia clergy within the country. This paper examines the view of an influential conservative pro-regime clergy, Ayatollah Mesbah Yazdi, who has been concerned about the Western interpretation of human rights and engaged in its theorization based on his interpretation of Shia Islam. He has criticized the theoretical and philosophical foundations of the Universal Declaration of Human Rights (UDHR) and its each single item and has also proposed his own version of the Islamic Declaration of Human Rights and Obligations. While Islamic fundamentalists have no concrete theoretical support for their negative view of the Western conceptions regarding human rights, Mesbah Yazdi’s approach is based on a reading of Shia theology and Sadraean ontology. He engages in a dialogue with the Western ideologies and rejects UDHR after philosophical and theological reasoning. His stance can be viewed as a reflection of the unsecular political Shia Islam as the main characteristic of the conservative faction within the Islamic Republic of Iran which results in serious policy and social implications on the rights of the people living in the country. (shrink)

Many will readily acknowledge there being rights of humans which trump the rights of states. Thus, these rights are aptly labeled ‘Human Rights,’ by which we may measure and admonish state-conduct. However, in contemporary Human Rights discourse, there is an emerging strand of thought in the academy that is Anti-Human Rights. To understand the foundations of Anti-Human Rights discourse, and to address the arguments that have been put forth, I (...) analyze and incorporate the works of John O. Nelson, Raymond Geuss, Wendy Brown, and Slavoj Žižek. Based on the same, I argue that the core arguments to these assertions are unpersuasive. I attempt at viewing Human Rights justification in different terms, and, to argue for the legitimacy of Human Rights while abandoning the search for justifications in nature, U.S. Foreign Policy, or Neo-Marxist views. (shrink)

In order to raise the question of a potential compatibility between the awareness of Otherness on the one hand, and a form of universality on the other, some hypotheses should first be formulated and defined. 1) How does moral relativism equate to the rejection of universal discourses? 2) Consequently, how can this rejection be understood as a result of Modernity? 3) How can Modernity be understood as recognition of Otherness? The current paper will attempt to outline some answers to these (...) questions based on a comparative reading between Kelsen and Lefort. Firstly, in order to explicate the main lines of the Kelsenian relativistic axiology it seems crucial to consider his second edition of the Pure Theory of Law, since one can find within it the grounds for a limitation of human cognition. His Farewell Lecture, “What is justice?”, is also relevant to this theme since in it he claims that the human world is a world of relative and conflicting values. The combination of these two ideas leads to the rejection of Universalist discourses – identified with the ones of Natural Law theories – in the name of science. Secondly, three of Lefort’s articles seem to be relevant. The first, “The Image of the Body and Totalitarianism”, enables us to understand his symbolic political philosophy, and more importantly, to introduce his definition of Modernity. “Dissolution of Marks and Democratic Challenge” focuses more on the concept of moral relativism, whilst interpreting it as a consistent reaction to modern indeterminacy. Finally, “Politics and Human Rights” offers a restricted concept of Human Rights, reminiscent of Hannah Arendt’s views, namely that human rights mean the rights to have rights. (shrink)

In their discussion paper of November 2020, Cooket alpresent a draft protocol for navigating circumstances in which emergency services are overwhelmed. Their paper suggests that COVID-related triage decisions should be based on clinical assessment, patient and family consultation, and a range of ethical considerations. In this response, we note that the protocol exhibits an ambiguity that is likely to result in irresolvable dilemmas when put into practice. This ambiguity is exemplified in the paper’s prime ethical imperative (to ‘save more (...) lives and more years of life’), which takes the form of an undefined conjunction whose practical implications are left unspecified. We see this ambiguity in the prime imperative as one manifestation of a broader set of tensions in the protocol. We show that the discipline of human rights provides an essential supplement to the ethical framework on which Cook and colleagues rely, providing a framework for understanding and working through triage dilemmas involving age, discrimination and equality. (shrink)

Immanuel Kant’s essay on Perpetual Peace contains a rejection of the idea of a world government. In connexion with a substantial argument for cosmopolitan rights based on the human body and its need for a space on the surface of the Earth, Kant presents the most rigorous philosophical formulation ever given of the limitations of the cosmopolitan law. In this contribution, Kant’s essay is analysed and the reasons he gives for these restrictions discussed in relation to (...) his main focus: to project a realistic path to perpetual peace. (shrink)

The United Nations (UN), facing increasingly intense challenges in the fulfillment of its mission, also harbors the potential for enhanced effectiveness, relevance, and legitimacy in the form of the human rights-based approach. The human rights-based approach (HRBA) is one model for translating the organization’s values into a more adaptive, inclusive, dynamic, and responsive system of processes and outcomes. In the arena of politics, its meeting with a meaningful degree of receptiveness could signal a growing (...) acceptance of the validity of structural approaches to development and other issues despite traditional defensive positions on human rights. Application of the HRBA in programming is leading to greater appreciation for addressing core disparities and promoting empowerment for sustainable outcomes. It is also cultivating new qualities in development practitioners, advancing creativity, openness and responsiveness in organizational culture. In feeding its evolution in this way, the UN as a system has the potential for deeper, longer-term mission fulfillment and thus ensuring its viability. (shrink)