ABSTRACTSome people might argue that there are already too many different documents, guidelines, and regulations in bioethics. Some overlap with one another, some are advisory and lack legal force, others are legally binding in countries, and still others are directed at narrow topics within bioethics, such as HIV/AIDS and human genetics. As the latest document to enter the fray, the UNESCO Declaration has the widest scope of any previous document. It embraces not only research involving human beings, but addresses broader (...) concerns in medicine and healthcare. The UNESCO draft declaration has some minor weaknesses, but on the whole, the strengths outweigh the weaknesses. One weakness is that some items in the draft are stated in a way that is too restrictive, thereby appearing to rule out legitimate activities. A strength of the Declaration is that it is relatively brief, yet at the same time contains sufficient detail to make it something more than a rehearsal of mere pieties. As the most recent of the numerous bioethics and human rights documents, the UNESCO draft draws on many of the earlier documents and also includes some of the most recent thinking about ethical norms and obligations. Perhaps its greatest strength lies not in details of the principles or their implementation, but rather in its stature as an international declaration issued by a United Nations organization. (shrink)

The cerebral cortex is a rich and diverse structure that is the basis of intelligent behavior. One of the deepest mysteries of the function of cortex is that neural processing times are only about one hundred times as fast as the fastest response times for complex behavior. At the very least, this would seem to indicate that the cortex does massive amounts of parallel computation.This paper explores the hypothesis that an important part of the cortex can be modeled as a (...) connectionist computer that is especially suited for parallel problem solving. The connectionist computer uses a special representation, termed value unit encoding, that represents small subsets of parameters in a way that allows parallel access to many different parameter values. This computer can be thought of as computing hierarchies of sensorimotor invariants. The neural substrate can be interpreted as a commitment to data structures and algorithms that compute invariants fast enough to explain the behavioral response times. A detailed consideration of this model has several implications for the underlying anatomy and physiology. (shrink)

This article was developed as part of the forthcoming special issue on "Reparations" for the Journal of Social Philosophy and was accepted (with minor revisions) by the guest editors Christina Nick and Susan Stark in November 2021. The special issue article is available online open access for early view. -/- Abstract: The United Nations Commission on Human Rights acknowledges the Right to Know as part of state obligations to combat impunity and thereby protect and promote human rights in the (...) aftermath of “serious crimes under international law”. In light of such an institutionally acknowledged epistemic right of victims, this paper explores the normative foundations of the idea of epistemic reparation in the aftermath of genocide. I argue that such epistemic reparation requires not only fulfilment of the informational needs of victims, survivors and descendants, including access to knowledge about the violations. By taking into account epistemic injuries, which are part and parcel of genocide, it ought to also re-establish victims’ epistemic standing. This is because genocide is enabled, justified and even prescribed through a genocidal epistemology involving the propagation of falsehoods and misinformation about social reality as well as abuses of epistemic authority and epistemic authoritarianism. Hence, epistemic reparation ought to correct the dysfunctional epistemic practices that underlie and sustain a genocidal epistemology. It thereby provides victims, survivors and descendants with epistemic recognition that has been systematically withdrawn from them, making epistemic reparation a crucial element of restorative justice. (shrink)

This chapter contains section titled: The Criteria of State Conduct Against Realism and Natural Law The Kantian Inheritance Rawls's Debt to Rousseau ‐ the Third Criterion Conclusion Notes.

The United Nations Convention on the Rights of the Child (UNCRC) is presented and understood as the primary reference point regarding questions of children’s rights. However, the UNCRC is not a neutral instrument deployed to meet the rights of children: it embodies a specific perception of the child, childhood and citizenship. The interpretation of the UNCRC from the point of view of children’s legal status emphasises the autonomy of children; the focus is on the rights that children possess. Conversely, the (...) social-political interpretation of the UNCRC addresses the question of how the rights of children can be realised. It is suggested that distinguishing between these interpretations is essential with regard to questions of pedagogy and education. (shrink)

The United Nations Convention on the Rights of the Child (UNCRC) is presented and understood as the primary reference point regarding questions of children’s rights. However, the UNCRC is not a neutral instrument deployed to meet the rights of children: it embodies a specific perception of the child, childhood and citizenship. The interpretation of the UNCRC from the point of view of children’s legal status emphasises the autonomy of children; the focus is on the rights that children possess. Conversely, the (...) social-political interpretation of the UNCRC addresses the question of how the rights of children can be realised. It is suggested that distinguishing between these interpretations is essential with regard to questions of pedagogy and education. (shrink)

Justice is not only about punishing the perpetrators but also protecting the rights of their victims. Corruption is not a victimless crime! Therefore, the main intention of this paper is to enlighten that protecting the rights of the victims of corruption is one of the crucial battles in the war against corruption. Wining this battle during the pandemic Covid-19 is grinding but of vital importance at the same time! Corruption has already been a remaining concern in the Republic of Kosovo. (...) Notwithstanding, the situation with the pandemic Covid-19 has made the justice system, and not only, more fragile. Consequently, we are currently living in a perfect environment for corruption acts where the victims of corruption are not acknowledged and sometimes even “garbled” with the victims of Covid-19! It is important more than ever to ensure effective remedies for persons who have suffered from corruption acts including the possibility of compensation for their damage. Indeed, the Republic of Kosovo is not a state party of the Civil Law Convention on Corruption. Yet this convention shall be the guide for establishing such legal avenues while the good practices of the United Kingdom and the French Republic shall be the aim and motivation for this. (shrink)

This article highlights the lack of human rights recognition for arguably one of the most vulnerable groups in our society, children and young people in the care of the state. Currently under New Zealand legislation and policy frameworks these children do not have their rights upheld, as per New Zealand’s obligations under the United Nations Convention on the Rights of the Child. This is particularly important for the care and protection of children needing state care as the government has the (...) responsibility as a state body to ensure their rights are upheld, alongside their direct responsibilities as the ‘corporate parent’. This article explores the vulnerability of this group and the ways in which their rights under UNCRC are not being met by current legislation and policy. It goes on to recommend changes to the way in which we approach legislative and policy development. (shrink)

Roughly three years after the creation of his mandate, United Nations Special Rapporteur Maina Kiai reflects on the global state of assembly and association rights. Although the mandate was created against the backdrop of shrinking space for civil society, a massive and growing global protest movement has grabbed most of the headlines since 2011. Kiai argues that the mandate has made a measurable impact – it has helped raise awareness of repressive NGO laws, provided technical assistance to governments to strengthen (...) assembly and association rights and developed soft law. But perhaps, the most important work of the mandate has been its contribution to a better understanding of just how important the rights to freedom of peaceful assembly and association are. Assembly and association rights are a powerful tool to promote dialog, pluralism, broadmindedness, tolerance and civic participation; they satisfy people's fundamental desire to take control of their own destinies. And if anything, the past few years have taught us that the worst turmoil comes when this desire is suppressed. When people are denied something so fundamental, rage inevitably follows. When people have no outlet for that rage, it can ultimately manifest itself as something much more chaotic than a street protest. (shrink)

The United Nations' (UN) adoption of a Declaration on the Rights of Indigenous Peoples is intended to mark a fundamental ethical turn in the relationships between indigenous peoples and the community of sovereign states. This moment is the result of decades of discussion and negotiation, largely revolving around states' discomfort with notion of indigenous self-determination. Member states of the UN have feared that an ethic of indigenous self-determination would undermine the principles of state sovereignty on which the UN is itself (...) grounded. However, such fears are the result of very poor understandings of the ethical principles under which the relations between indigenous peoples and nation-states already have been formed under centuries of European colonialism. The principle of self-determination embraced in this Declaration does not diverge from colonial norms; it entrenches these norms as international policy. Without doubt, indigenous peoples are more likely to benefit than suffer from states' observance of the Articles within this Declaration. Reducing the challenge of indigenous peoples' rights to the notion of self-determination set out in this document, though, misses an extraordinarily important opportunity to critically investigate the ethic of rights that has produced an opposition between nation-states and indigenous peoples to begin with. A true turn in the ethics of this relationship would see not simply the institution of a right to self-determination but, rather, indigenous peoples' right to first determine the nature of self for themselves. (shrink)

The ratification of the United Nations Convention on the Rights of the Child (UNCRC) demands that those participating nations, adopt the aims of the convention as state responsibilities toward their child citizens. The central premise of the convention is clear: that it is the right of all children to develop to their full potential. The authors propose six basic interdependent developmental requirements if the child is to reach ‘full potential’. Without prioritising any one need, but instead concentrating on the (...) facilitation of complete care of the child, the paper aims to examine how the UNCRC may finally be realised. This is achieved by highlighting several key situations and associated factors, which contribute to deficient care. Whilst the factors leading to the creation of such situations are often culturally specific, the consequences for the child, and the implications for care providers (parents, aid agencies, and policy makers), are often very similar within and between continents. (shrink)

Against a backdrop of non-ideal political and legal conditions, this article examines the health capability paradigm and how its principles can help determine what aspects of health care might legitimately constitute positive health care rights—and if indeed human rights are even the best approach to equitable health care provision. This article addresses the long American preoccupation with negative rights rather than positive rights in health care. Positive health care rights are an exception to the overall moral range and general thrust (...) of U.S. legal doctrine. Some positive rights to health care have arisen from U.S. Constitutional Eighth Amendment cases and federal and state laws like Medicare, Medicaid, the State Children’s Health Insurance Program, the Emergency Medical Treatment and Active Labor Act, and the Patient Protection and Affordable Care Act. Finally, this article discusses some of the difficulties inherent in implementing a positive right to health care in the U.S. (shrink)

Using the right to die and the United States Supreme Court case of Cruzan v. Director, Missouri Department of Health as exemplars, this article explores the notion of third-order decisionmaking. If first order decisionmaking is about what should happen, and second-order decisionmaking is about who should decide what should happen, then third-order decisionmaking is about who should decide who decides. This turns out to be an apt characterization of constitutionalism, which is centrally concerned with the allocation of responsibility for (...) making decisions about the allocation of responsibility. Deference to erroneous second-order decisions, as in the Cruzan case itself, may merely be an example of this central feature of constitutionalism. Keywords: constitutionalism, Cruzan case, right-to-die, rules CiteULike Connotea Del.icio.us What's this? (shrink)

This paper provide the first extended discussion in the philosophical literature of the epistemic significance of the phenomenon of “being known” and the relationship it has to reparations that are distinctively epistemic. Drawing on a framework provided by the United Nations of the “right to know,” it is argued that victims of gross violations and injustices not only have the right to know what happened, but also the right to be known—to be a giver of knowledge to (...) others about their own experiences. It is shown that such victims can suffer epistemic wrongs by being rendered invisible, vilified or demonized, or systematically distorted, and that these ways of not being known demand epistemic reparations. While there are traditional reparations that are epistemic in nature, such as memorialization and education, it is argued that there is a prior and arguably more important epistemic reparation—knowing victims of gross violations and injustices in the sense of bearing witness. The paper concludes with a sketch of an epistemological picture to underwrite this notion of epistemic reparations, one that significantly expands the traditional picture by including epistemic duties that are imperfect in nature and concern actions in addition to beliefs. (shrink)

The “right to belong” is a human right in two ways. First, there is the right to belong in a limited sense, i.e., to the extent necessary for individuals to secure all other human rights, such as those recognized by the United Nations Universal Declaration of Human Rights. Second, there is a deeper aspect of the right to belong, that which is necessary to flourish as a human being. To establish, first, that the right to (...) belong in a limited sense should be a human right, I draw upon Hannah Arendt’s claim that stateless persons are without rights, as only communities can grant them. I argue that this limited level of belonging is a necessary but insufficient condition for human flourishing. Full human flourishing requires belonging on a deeper level. To articulate the nature of this deeper level of belonging I draw on Simone Weil’s definition of the “need for roots” and John Dewey and Jane Addams’ constructions of the self as social. I then show how “belonging” in a deeper sense necessarily connects with how a person is perceived and received by individuals and institutions in a community and argue that full perception by and participation in a community is necessary for humans to flourish. Thus, the right to belong imposes an ethical obligation on other members of the community to perceive undocumented immigrants as full human persons with the potential to lead flourishing lives. (shrink)

While universal healthcare provisions are the global norm rather than the exception, the United States exists in the latter category. The paradox remains that while the right to health is both increasingly implemented and recognized on a global scale, the United States seems to run farther away from the arguments and global examples that might pave its way. I suggest that an understanding of the imposition of healthcare as “coercive,” and hence as an impingement on individual agency, activates its (...) criticism as an inhibition of freedom that in turn motivates the libertarianism at the heart of the dominant, market‐based approach to health insurance provisions. At least one of the underlying assumptions of this view is that universal healthcare would impose or impinge on individual rights, and that such an impingement is a violation of autonomy. In this article, I aim to challenge this assumption by suggesting that the pitting of individual health rights against collective burdens stems in part from a related assumption of general health or welfare on the part of the collective: that disability and debility alike are anomalies or anomalous to the general health of the population. In other words, it will be my contention that individual health rights are only at odds with “collective rights” when the collective is perceived to be able‐bodied. (shrink)

This study examines how individual members of the public make moral sense of the potentially conflicting “economic problem” or “public health problem” representations of the COVID-19 crisis when judging responsible business behavior. The data are based on a qualitative survey involving a thought experiment with 119 participants in the United States conducted at the initial stage of the pandemic. This article proposes a typology matrix using the theories of cognitive polyphasia and cognitive dissonance to understand better individual moral sensemaking of (...) responsible business behavior in the context of a societal paradox in which there are contradictory and interdependent demands between important social objectives. The typology, referred to as the 4R Model of Moral Sensemaking of Competing Social Problems, provides insights for how companies may be perceived when responding to competing social problems, expanding the micro-CSR (corporate social responsibility) and paradox literatures. (shrink)

DECLARATION CONCERNING THE RIGHTS OF PERSONS RELATED TO NATIONAL OR ETHNIC, RELIGIOUS OR LEGAL MINORITIES Resolution 47/135 of the General Assembly of the United Nations of 18.12.1992.

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

ABSTRACTExpertise has come under attack not least since the Brexit vote in the UK and Donald Trump’s election as President of the United States. In this contribution, I will provide some conceptual clarification and suggest a new topology of expertise. I will also examine the historical roots of this challenge to expertise and its social context using a comparative lens. I will ask what it could mean to speak of the rightful place of expertise. I will try to provide an (...) answer by looking more closely at different types of expertise. Expertise, it seems, has been used as an umbrella term for a variety of different knowledge-related activities. I will show that the role of the expert has to be differentiated from the role of the scientist, but also from the role of the specialist. Specialists have different tasks in comparison to experts which need to be emphasized. My argument will draw on the social and historical context of the critique of expertise, and discuss the challenge to the social sciences, espec... (shrink)

The Fifth Amendment to the Constitution of the United States contains the following words: “No person… shall be compelled in any criminal case to be a witness against himself.” In laying down this restriction on what government may do, the Constitution creates a legal right: the right to be free from coercion by any organ of government to testify against oneself – to incriminate oneself.

The argument has been made that future generations of human beings are being harmed unjustifiably by the actions individuals commit today. This paper addresses what it might mean to harm future generations, whether we might harm them, and what our duties toward future generations might be. After introducing the Global Health Impact (GHI) concept as a unit of measurement that evaluates the effects of human actions on the health of all organisms, an incomplete theory of human justice is proposed. Having (...) shown that the negative GHIs of our current generation cause unfair harm to future generations, I argue that each human being must be allocated a fair threshold of negative GHIs that should not be exceeded. By emphasising the need to consider all the GHIs of human actions, the theory of human justice developed here is highly relevant to evaluate human actions that might affect future generations, for example those related to climate change. (shrink)

This article uses narrative accounts of women who are intended parents to show the health and financial implications of infertility treatments, underregulation, and lack of funding in the United States and abroad. It argues that providing access to infertility treatment and regulating for safety are necessary means of protecting the health of women diagnosed with infertility and women who, through the sale of their reproductive goods and services, are the catalysts to conception. Many moral ambiguities arise from the utilization of (...) assistive reproductive technologies to treat infertility, requiring careful scrutiny of market and nonmarket values. (shrink)

While in this paper I focus on adoptees, my argument is applicable to donor-conceived children and children of misattributed paternity. I address some of the noted risks of closed adopted and the benefits of open adoption, which is more in keeping with Article 7 of the United Nations Convention on the Rights of the Child (CRC), which provides all children with a right to know about their genetic parents and which the Australian government ratified in 1980.

This paper examines the position of international human rights law towards missionary or proselytizing activities with a special focus on the American context. By evaluating UN legal acts such as the 1948 Universal Declaration of Human Rights, the 1960 Arcot Krishnaswami Study and the 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief and the American Convention of Human Rights, it investigates the extent to which such activities fall within the scope of (...) the right to free speech and to freedom of religion for religious organizations. This is exemplified by looking at two Evangelical religious organizations founded for the purpose of luring away groups of believers from their original religious communities: “Mission to Amish People”, targeting the Amish People, and “Jews for Jesus”, aimed at the Jewish community. The clash of one religious community which considers mission a fundamental element of its religion with a religious community who is highly skeptical about mission constitute the extreme test case of the right to free speech and to corporate freedom of religion. Given the highly various importance which mission can play in different religions, the article suggests to solve each case individually by carefully examining the content of each religious doctrine. (shrink)

Retractions solicited by authors following the discovery of an unintentional error—what we henceforth call a “self-retraction”—are a new phenomenon of growing importance, about which very little is known. Here we present results of a small qualitative study aimed at gaining preliminary insights about circumstances, motivations and beliefs that accompanied the experience of a self-retraction. We identified retraction notes that unambiguously reported an honest error and that had been published between the years 2010 and 2015. We limited our sample to retractions (...) with at least one co-author based in the Netherlands, Belgium, United Kingdom, Germany or a Scandinavian country, and we invited these authors to a semi-structured interview. Fourteen authors accepted our invitation. Contrary to our initial assumptions, most of our interviewees had not originally intended to retract their paper. They had contacted the journal to request a correction and the decision to retract had been made by journal editors. All interviewees reported that having to retract their own publication made them concerned for their scientific reputation and career, often causing considerable stress and anxiety. Interviewees also encountered difficulties in communicating with the journal and recalled other procedural issues that had unnecessarily slowed down the process of self-retraction. Intriguingly, however, all interviewees reported how, contrary to their own expectations, the self-retraction had brought no damage to their reputation and in some cases had actually improved it. We also examined the ethical motivations that interviewees ascribed, retrospectively, to their actions and found that such motivations included a combination of moral and prudential considerations. These preliminary results suggest that scientists would welcome innovations to facilitate the process of self-retraction. (shrink)

In recent years, there has been increased academic interest in the human right to freedom of thought (RFoT). Scholars from various disciplines are currently debating the content and scope of this right. In his annual thematic report of 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief paid explicit and comprehensive attention to the RFoT, encouraging further clarification of the content and scope of the right. This paper aims to contribute to this end, setting (...) the stage for further research, by offering a multidisciplinary analysis of the RFoT’s scope, relation to other rights, practical significance and moral foundations. (shrink)

Under the first-past-the-post electoral system that is still deeply entrenched in such democracies as Canada and the United States, it is not at all uncommon in a provincial, state, or federal election for there to be a striking lack of correspondence between the share of the seats a political party is able to win and its share of the popular vote. From the standpoint of the democratic ideal what is morally unacceptable about this system is that the right to (...) vote it confers on members of the electorate is not a defensible instantiation of the fundamental right citizens have to participate on terms of equality in the collective decision-making processes that help to determine their options in life. Three common attempts by defenders of the system to shield it from this objection are considered and rejected. (shrink)

Under the first-past-the-post electoral system that is still deeply entrenched in such democracies as Canada and the United States, it is not at all uncommon in a provincial, state, or federal election for there to be a striking lack of correspondence between the share of the seats a political party is able to win and its share of the popular vote. From the standpoint of the democratic ideal what is morally unacceptable about this system is that the right to (...) vote it confers on members of the electorate is not a defensible instantiation of the fundamental right citizens have to participate on terms of equality in the collective decision-making processes that help to determine their options in life. Three common attempts by defenders of the system to shield it from this objection are considered and rejected. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justifying the Right to Music EducationMarja HeimonenIn this study I will explore legal philosophical questions related to music education.1 I will begin by asking, "Is there a right to music education?" and move on to consider what constitutes a right and what kind of music education is at issue. My argument is that there is a right to music education and to a certain kind (...) of music education in terms of content.In the Nordic countries, Finland, Sweden, Denmark, Iceland, and Norway, the right to general music education is based on law. All these countries belong to the Nordic legal culture. They are part of the Continental civil-law system consisting of enacted statutes with abstract norms. Case- and judge-centered common law that develops from decision to decision is used in Anglo-American societies such as the United States and England.2 The law usually leaves the contents of education more or less open.This study explores music education in the light of the ideas of Aristotle and some of his modern followers.3 Philosophers of music education significantly influenced this study, in which I argue that the principal aims of education are connected not only to musical skills, but also to virtues, moral philosophy, and the education of the human being as a whole. My objective is to make the differences [End Page 119] between the aims and content of music education in various societies more explicit and understandable.The right to music education is closely connected to its justification. In practice, music education is justified in terms of internal goods (in other words, by self-justifying values emphasizing personal well-being and self-expression) and external goods (favoring the effective training of future professionals, for instance). I will suggest that external goods should be subordinate to internal goods, and that an optional balance between the two is needed. This balance is achieved through continuous debate in a living tradition that focuses on the holistic view of the aims in music education.However, deeper arguments are needed in justifying the right to music education. According to Estelle Jorgensen, a dynamic and dialectic process characterizes music and education, both of which are part of the changing society and the culture that surrounds them: transformation is ongoing all the time.4 I will argue that music education has an important role not only for the individual, but also for society as a whole, since music could be regarded as an instrument in the teaching of virtues.The question that follows is: what kind of virtues? This essay explores the role of music education in developing one of the fundamental virtues in society, the sense of justice. The role of the music teacher could be compared with that of the judge: to build cases in real practical situations in the framework of general principles, which may be both written (such as law and curricula) and unwritten (tradition). Theory and practice have to go hand in hand—general principles always have to be adapted to individual situations (and not vice versa)—when music educators are acting in the present society.The ApproachThe right to music education includes not only the question of the right of every child and adolescent to receive a certain number of music lessons or to attend a music school. It also involves aspects related to values, aims, and contents. To clarify the complexity of rights in this context, we might think of several levels. The first level of ideological options comprises training for a professional career for which the notion of legal philosophy leans on analytical legal positivism. The second level of ideological options refers to artistic self-expression and the notion of law for this is outlined in terms of "law as culture" and natural law philosophy. The third level consists of the maintenance of societal or cultural values through music education and its notion of legal philosophy is given in terms of the historical school of law and natural law philosophy. A child's rights to music might be regarded as a negative freedom right, with protection against illegal interference on the part of the state, a positive welfare right (an [End... (shrink)

Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on Human Rights, (...) specially the article 6. Magna Carat demonstrated the limitations from the arbitrarily. Magna Carat is a foundation of the powers of Parliament and the legal principles, as the rule of law, the rule that everybody has equality before the law. It promised the access to justice. In that respect Magna Carta is still a challenge for many states and officials. The myth of Magna Carta is the protection of the personal rights and is held in great respect by the legal communities against the arbitrary of the authority In respect of the aim of this international conference to see the way how these principles have found their implementation in contemporary legislations as well as to identify the problems that occur regarding these rights, an overview of the Albanian right to appeal for the social insurance rights. The right to appeal to higher authorities against any decisions and the judicial review against the unfavorably resolved appeals. (shrink)

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the (...) U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right. (shrink)

Within the last decade or so several philosophers have argued against handgun prohibition on the ground that it violates the right to self-defense. However, even these philosophers grant that the right to own handguns is not absolute and could be overridden if doing so would bring about an enormous social good. Analysis of intra-United States empirical data cited by gun rights advocates indicates that guns do not make us safer, while international data lends powerful support to the thesis (...) that guns do indeed increase homicide. If handguns do not make us safer, then appealing to the right to self-defense as an objection to prohibition is moot. Prohibition neither violates the right to self-defense nor sacrifices anyone’s interests for the common good, since it makes each person less likely to be murderedthan the current permissive handgun laws. Moreover, we also must take into account the right to life of victims of handgun crimes made possible by liberal handgun laws. Consequently, invoking the right to self-defense does not provide any sound reason against handgun prohibition over and above familiar utilitarian objections, which are themselves refuted by the empirical evidence. (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)

Do past state actions, such as the American conquest of northern Mexico, the British colonization of South Asia, and the Spanish expulsion of the Sephardim and Moriscos, grant contemporary Mexicans, South Asians, and the descendants of the Sephardim and Moriscos a particular right to immigrate to the United States, the United Kingdom, and Spain respectively? In this paper I examine three theoretical models for addressing this question: retrospective responsibility for historic injustice; the principle of coercively constituted identities; and the (...) theory of remedial responsibility. I argue that remedial responsibility best justifies a particular right to immigrate through responsibility for the past for three reasons. First, it relieves us of the epistemological task of establishing causal responsibility. Second, it lessens the normative task of identifying a theory of unjust harm to establish moral responsibility. Finally, it facilitates the normative task of ranking the claims to immigrate of different individuals. (shrink)

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. This (...) update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

We argue for the existence of a state constitutional legal right to language. Our purpose here is to develop a legal framework for protecting the civil rights of the deaf child, with the ultimate goal of calling for legislation that requires all levels of government to fund programs for deaf children and their families to learn a fully accessible language: a sign language. While our discussion regards the United States, the argument we make is based on human rights and (...) the nature of law itself, and can likely be adapted to any country.We begin with an introduction to the biological facts surrounding language acquisition and how these facts impact the deaf child, where lack of language has devastating effects on individuals and negative effects on society in general. (shrink)

In United Nations (UN) human rights reporting and analysis, ‘honour’ has been systematically conflated with ‘honour-related violence’ (HRV). However, honour and HRV are not the same thing. In this article I examine contemporary UN human rights discourses around honour. I argue that these discourses are underpinned by racialised and orientalist-colonial imaginaries which falsely categorise people and places as either having or not having honour. This conflation presents honour as a cultural problem attributed to racialised communities mostly associated with the Muslim (...) World. Adopting a critical post- and de-colonial perspective, I undertake a discourse analysis of UN human rights documents to expose orientalist tropes that reproduce epistemic and material violence against honour. There are three strategies employed to commit this violence: first, through the reduction of honour to physical and emotional HRV—a violence predicated upon the logic of coloniality and the orientalist division of the world into modern and pre-modern states; second, by associating honour as violence with Muslims and migrant communities, the discourse furthers structural Islamophobia; third, by reproducing colonial saviour narratives that designate honour as control over women’s sexuality. The human rights discourse on honour forecloses upon alternative ways of understanding what honour is and means for those who live with it. As such, the international human rights discourse on honour extends the coloniality of power and the geopolitics of knowledge. (shrink)

This commentary examines the incursion on the neutrality of medical personnel now taking place as part of the human rights crises in Bahrain and Syria, and the ethical dilemmas which these incursions place not only in front of physicians practicing in those nations, but in front of the international community as a whole.In Bahrain, physicians have recently received harsh prison terms, apparently for treating demonstrators who clashed with government forces. In Syria, physicians are under the same political pressure to avoid (...) treating political demonstrators or to act as informants against their own patients, turning them in to government authorities. This pressure has been severe, to the point that some physicians have become complicit in the abuse of patients who were also political demonstrators.This paper posits that physicians in certain countries in the Middle East during the “Arab Spring,” specifically Syria and Bahrain, are being used as both political pawns and political weapons in clear violation of Geneva Convention and World Medical Association guidelines, and that this puts them into the most extreme sort of “dual loyalty” dilemma. They are being forced to choose between their own safety and well-being and that of their patients – a negative sum scenario wherein there is no optimal choice. As such, an international call for a United Nations inquiry must be made in order to protect the neutrality of medical care and personnel during times of armed conflict. (shrink)