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  1. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).Deepa Kansra & Mallika Ramachandran - manuscript
    Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and the key provisions dealing with the (...)
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  2. The Place of Religion in Human Rights Law: Distinguishing Freedom of Religion from the Right against Religious Discrimination.Tarunabh Khaitan & Jane Norton - manuscript
    This paper argues that, while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. Religious freedom is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. The right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. Thus understood, the two rights have distinct normative rationales. Key doctrinal (...)
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  3. Climate Change and Business Ethics.Boudewijn de Bruin - forthcoming - Journal of Business Ethics.
    This article sketches ways in which business ethics should contribute to addressing the climate emergency. I consider some ways in which normative contributions to the debate on climate change and global warming have been defended, and how international thinking about environmental issues has moved from consequentialist to justice- and rights-based thinking. A recent case that came before the Hague District Court between a Dutch branch of Friends of the Earth, Milieudefensie, and Royal Dutch Shell (Milieudefensie v. Royal Dutch Shell), serves (...)
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  4. Addressing Violent Radicalisation and Extremism: A Restorative Justice & Psychosocial Approach.Theo Gavrielides - forthcoming - New York: Springer.
    This groundbreaking book revisits the current model for preventing and controlling violent radicalisation and extremism. It proposes a new, evidence-based model, using restorative justice and positive psychology. Using data collected through six international projects and pilots in several countries from 2017 to 2023, it presents the results of these pilots and recommends best practices that adopt successful and positive models for the prevention and control of extremist and hate attitudes. This book speaks to researchers, policymakers, practitioners, and human rights campaigners (...)
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  5. Children's Human Rights.Anca Gheaus - forthcoming - In Jesse Tomalty (ed.), Routledge Handbook of Philosophy of Human Rights. Routledge. Translated by Kerri Woods.
    There is wide agreement that children have human rights, and that their human rights differ from those of adults. What explains this difference which is, at least at first glance, puzzling, given that human rights are meant to be universal? The puzzle can be dispelled by identifying what unites children’s and adults’ rights as human rights. Here I seek to answer the question of children’s human rights – that is, rights they have merely in virtue of being human and of (...)
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  6. 2023 Global Religious Recognition Report.[author unknown] - 2023 - Preston: The Religious Recognition Project. Edited by Summer Moyo-Hamilton.
    The Global Religious Recognition Report (GRR Report) returns for its second edition, this year including more detail on each country and territory's registration policies and on their practices of states extending privileges to some religions and beliefs and not others. Recognition and registration issues continue to impact conditions of freedom of religion or belief throughout the world and it is the purpose of the GRR Report to highlight the extent of these issues nation by nation as part of the report's (...)
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  7. Human Rights under Emergency.Giulio Fornaroli & Cristián Rettig - 2023 - Social Theory and Practice 49 (3):437-462.
    International human rights law allows states to derogate some of their human rights obligations in times of public emergency. This essay attempts a normative assessment of the practice of derogation. We discuss, specifically, whether derogation is compatible with the logics and morality of rights. We notice that a major inconsistency between rights and derogation derives from the unilateral character of derogation: derogating parties are assigned a power-right to annul their own rights-based obligations. This contrasts with the idea, central to rights, (...)
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  8. How Abandonment Weakens Human Rights.Deepa Kansra - 2023 - Psychology Today.
    This "fear of being abandoned" challenges the working of human rights laws and institutions. Vulnerable groups, as highlighted in several studies, continue to accept situations of violence owing to the fear of being abandoned. The fear directly obstructs the full and meaningful impact that laws dealing with elder abuse, domestic violence, forced marriage, etc. can have. The fear of being abandoned, in many ways, stands as one of the greatest costs borne by human rights. As claimed, abandonment will also continue (...)
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  9. Can Human Rights Law Protect Against Humiliation?Deepa Kansra - 2023 - Psychology Today Blog.
    Humiliation, as dealt with under different legal jurisdictions, poses a question about how these systems perceive and respond to humiliation. Are the laws' definitions, approach, and punishment appropriately determined? And if there are challenges to implementation, what are they?
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  10. International Religious Rights and Standards.Brandon Reece Taylorian - 2023 - Preston: The Religious Recognition Project.
    The principal finding of the doctoral research of Cometan (a.k.a. Brandon Reece Taylorian) was that the ways governments, both authoritarian and democratic, use their powers to recognise religions and beliefs and register religious or belief organisations is negatively impacting conditions of freedom of religion or belief. Cometan explored the range of recognition and registration issues plaguing religious freedom and other human rights and discovered that there lacks a definitive set of international standards to address some of the granular topics that (...)
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  11. Registration, recognition, and freedom of religion or belief.Brandon Reece Taylorian & Marco Ventura - 2023 - Oxford Journal of Law and Religion 11 (2-3):197-219.
    Violations of religious freedom resulting from how states arrange their recognition and registration policies continue to escalate around the world. States might seek to regulate the religious activities of their citizens and recognition and registration are convenient tools in this pursuit. Registration is sometimes made mandatory; groups may be barred from accessing it and what they must do to first obtain and then to maintain registered status can be onerous. Such restrictive policies serve to preserve a religious or political hegemony (...)
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  12. Sex By Deception.Berit Brogaard - 2022 - In Manuel Vargas & John M. Doris (eds.), Oxford Handbook of Moral Psychology. Oxford: Oxford University Press. pp. 683-711.
    In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...)
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  13. The Convention on the Rights of the Person in Outer Space. Cometan - 2022 - Preston, UK: Astronist Institution.
    The Convention of the Rights of the Person in Outer Space, more informally known as the Space Rights Convention, is a human rights and animal rights document that outlines basic principles, rights and freedoms bestowed to different categories of species in outer space which including on extraterrestrial bodies (both planetary and sub-planetary), synthetic bodies (e.g. space stations), as well as on spacecraft (both commissioned and uncommissioned) travelling through space itself (which is often referred to in the Convention as the interspace (...)
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  14. 2022 Global Religious Recognition Report. Cometan - 2022 - Preston, UK: The Religious Recognition Project.
    Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a new (...)
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  15. Recognition of Religion or Belief (RoRB). Cometan - 2022 - Preston, UK: Astral Publishing.
    Recognition of Religion or Belief presents a global overview of the systems, laws and mechanisms states have established to recognise religions and beliefs and to legally register their affiliated organisations. Recognition of Religion or Belief is the first book of its kind to dedicate its contents to the recognition and registration issues, especially how they intersect with religious freedom conditions around the world. The book provides an analysis of the most up-to-date data on the recognition systems and registration procedures of (...)
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  16. Is law spiritual?Deepa Kansra - 2022 - In Raman Mittal & Seema Singh (eds.), Law and Spirituality: Exploring the Bonds. Delhi: Mohan Law House. pp. 59-66.
    Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works offer (...)
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  17. Monitoring Peace and Security Mandates for Human Rights.Deepa Kansra - 2022 - Artha: The Sri Ram Economics Journal 1 (1):188-192.
    The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass violence ... (...)
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  18. Fine-Tuning Human Rights for Spiritual Well-Being.Deepa Kansra - 2022 - Psychology Today.
    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. (...)
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  19. Rethinking the Right to Freedom of Thought: A Multidisciplinary Analysis.Sjors Ligthart, Christoph Bublitz, Thomas Douglas, Lisa Forsberg & Gerben Meynen - 2022 - Human Rights Law Review 22 (4):1-14.
    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 (...)
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  20. Wyrażenie „godność” – pojęcie godności – godność. O niektórych teoretycznych aspektach ujęcia godności w Konstytucji RP [The Term “Dignity” – the Concept of Dignity – Dignity: On Some Theoretical Aspects of Recognizing Dignity in the Constitution of the Republic of Poland].Marek Piechowiak - 2022 - Przegląd Prawa Konstytucyjnego 6:17-34.
    The study aims at making explicit the three spheres or planes, essential from the point of view of semiotics, on which the discourse regarding dignity takes place, and at clarifying the relations between these planes. The analysis uses the conception of Kazimierz Ajdukiewicz. There are three principal areas in which the discourse on dignity is conducted – the plane of linguistic expressions on which the name “dignity” is used; the plane of meanings on which the notion of dignity is placed; (...)
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  21. The Institutional Dictionary of Freedom of Religion or Belief.[author unknown] - 2021 - Preston, UK: Astral Publishing.
    This Dictionary of Freedom of Religion or Belief is published by the Astronist Institution through its imprint press Astral Publishing and will stand as the third entry in the Institutional Reference Works series. This Dictionary of Freedom of Religion or Belief provides a vast selection of terms covering all areas of religious liberty advocacy, the history of freedom of religion, human rights violations effecting religious freedom, current affairs and the mechanisms that the United Nations and other key organisations have put (...)
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  22. The Promises of Standing Rock: Three Approaches to Human Rights.Benjamin Davis - 2021 - Humanity 12 (2):205-225.
    Any appeal to a right raises the question of a corresponding duty. If one bears a right, then who bears the duty to respect, protect, and enforce that right? In this essay, I contend that human rights claims need not be oriented to or reliant on the state. I start from and conclude with lessons from the 2016 protests at Standing Rock. Standing Rock, I argue, exemplifies critical theory that organizes communities through the language of human rights.
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  23. The harmonization of domestic and international human rights standards on criminalization of rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
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  24. When Human Rights and Psychology Meet.Deepa Kansra - 2021 - The Human Rights Blog.
    A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children and legal implications, the authors advance a trauma-informed approach (...)
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  25. Neuro rights, the new human rights.Deepa Kansra - 2021 - Rights Compass.
    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 (...)
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  26. Text, Context, and Human Rights-Based Interpretations by Domestic Courts.Deepa Kansra & Rabindra Pathak - 2021 - Shimla Law Review:241-256.
    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 (...)
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  27. Understanding the right to health in the context of collective rights to self‐determination.Éliot Litalien - 2021 - Bioethics 35 (8):725-733.
    The obligations set by the individual right to health are likely to conflict, at least if states are its addressee, with the obligations set by the collective rights to self‐determination that certain sub‐state communities have (or should be recognized). In this paper, I argue that conceiving of the right to health and of collective rights to self‐determination as both aiming at the promotion of individual agency might help us alleviate this particular problem. To do so, I first explain how we (...)
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  28. The impact of vertical public health initiatives on gendered familial care work: public health and ethical issues.Zahra Meghani - 2021 - Critical Public Health 2.
    Rigorous evaluations of the effects of vertical public health enterprises on the health systems of low-income countries usefully identify the public health and ethical costs of those initiatives. They reveal that such narrowly focused public health ventures undermine the efforts of those countries to establish and maintain adequately resourced and well-developed national health systems, including comprehensive primary care programs. This paper argues that the scope of assessments of vertical public health ventures should be broadened to include gender as an additional (...)
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  29. Specyfika ograniczenia wolności i praw konstytucyjnych w stanach nadzwyczajnych [Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights].Marek Piechowiak - 2021 - In Mirosław Granat (ed.), Sądownictwo konstytucyjne. Teoria i praktyka. Tom IV. Warszawa: Wydawnictwo Naukowe UKSW. pp. 217-261.
    STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...)
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  30. Is there a Human Right to Subsistence Goods?Cristián Rettig - 2021 - Journal of Philosophical Research 46:243-260.
    The much-discussed “claimability objection” holds that it is unjustified to believe that all individuals have a human right to subsistence because the bearers of the correlative duties are not sufficiently determined. This argument is based on the so-called “claimability-condition”: S has a right to P if and only if the duty-bearer is sufficiently determined. Practice-based theorists defend the human right to subsistence by arguing that if we take the existing human rights practice seriously, there is no indeterminacy about the allocation (...)
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  31. What Could Human Rights Do? A Decolonial Inquiry.Benjamin Davis - 2020 - Transmodernity 5 (9):1-22.
    It is one thing to consider what human rights have been and another to inquire into what they could be. In this essay, I present a history of human rights vis-à-vis decolonization. I follow the scholarship of Samuel Moyn to suggest that human rights presented a “moral alternative” to political utopias. The question remains how to politicize the moral energy around human rights today. I argue that defending what Édouard Glissant calls a “right to opacity” could politicize the ethical energy (...)
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  32. Advancing the Human Right to Science under the International Covenant on Economic, Social and Cultural Rights.Deepa Kansra - 2020 - RMLNLU Law Review.
    At this juncture, the relevance of the human right to science is undeniable. The right, for a long time, has been a subject matter of deliberation under Article 15 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR). Most of these deliberations emphasised the need for a concise meaning and scope of the right to science. In the year 2020, the Committee on Economic, Social and Cultural Rights (CESCR) under the ICESCR made two interventions with the objective (...)
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  33. Umkämpfte Kunstfreiheit - ein Differenzierungsvorschlag.Karsten Schubert - 2020 - Zeitschrift Für Menschenrechte 14 (2):195–204.
    „Political Correctness“, „Identitätspolitik“ und „Cancel Culture“ werden heutzutage überwiegend als Waffen von Konservativen eingesetzt, um ihre Privilegien gegen emanzipative Neuregelungen zu verteidigen. Solche Neuregelungen als Einschränkung der Kunst- und Meinungsfreiheit zu kritisieren ist deshalb meist falsch. Tatsächlich tragen „Political Correctness“, „Identitätspolitik“ und „Cancel Culture“ zur inklusiveren Verwirklichung der Demokratie bei. Im Artikel zeige ich, dass es darauf ankommt, auf welcher Ebene politische Regulierungen der Kunst stattfinden: nicht-staatlich im allgemeinen Kunstbetrieb, para-staatlich im öffentlich-rechtlichen Rundfunk, oder staatlich. Nur wenn der Staat mit (...)
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  34. Routledge International Handbook of Restorative Justice.Theo Gavrielides (ed.) - 2019 - London: Routledge.
    This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and (...)
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  35. Metaphysics of Human Rights. 1948-2018. On the Occasion of the 70th Anniversary of the UDHR.Elisa Grimi & Luca Di Donato (eds.) - 2019 - Vernon Press.
    The 1948 Declaration of Human Rights demanded a collaboration among exponents from around the world. Embodying many different cultural perspectives, it was driven by a like-minded belief in the importance of finding common principles that would be essential for the very survival of civilization. Although an arduous and extensive process, the result was a much sought-after and collective endeavor that would be referenced for decades to come. Motivated by the seventieth anniversary of the 1948 Universal Declaration of Human Rights and (...)
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  36. Have Reforms Reconciled Health Rights Litigation and Priority Setting in Costa Rica?Alessandro Luciano & Alex Voorhoeve - 2019 - Health and Human Rights 21 (2):283-293.
    The experience of Costa Rica highlights the potential for conflicts between the right to health and fair priority setting. For example, one study found that most favorable rulings by the Costa Rican constitutional court concerning claims for medications under the right to health were either for experimental treatments or for medicines that should have low priority based on health gain per unit of expenditure and severity of disease. In order to better align rulings with priority setting criteria, in 2014, the (...)
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  37. Economic Liberties and Human Rights.Jahel Queralt & Bas van der Vossen (eds.) - 2019 - New York, USA: Routledge Press.
    The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and particularly the poor. Like (...)
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  38. Human Rights and Restorative Justice.Theo Gavrielides (ed.) - 2018 - London: RJ4All Publications.
    Human rights and restorative justice are rarely brought under the same spotlight despite their normative similarities. In fact, this gap becomes even more apparent when put in the context of policy and practice internationally. Firstly, there is a developing gap between public perception and evidence-based depiction of crime. Secondly, scholarly debates are rarely reflected in criminal justice policy and legislation. This failure has an impact on recidivism, the spiralling costs of penal interventions, but most importantly on how we view our (...)
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  39. Political Conceptions of Human Rights and Corporate Responsibility.Daniel P. Corrigan - 2017 - In Reidar Maliks & Johan Karlsson Schaffer (eds.), Moral and Political Conceptions of Human Rights: Implications for Theory and Practice. Cambridge, UK: Cambridge University Press. pp. 229-257.
    Does a political conception of human rights dictate a particular view of corporate human rights obligations? The U.N. “Protect, Respect, and Remedy” Framework and Guiding Principles on Business and Human Rights hold that corporations have only a responsibility to respect human rights. Some critics have argued that corporations should be responsible for a wider range of human rights obligations, beyond merely an obligation to respect such rights. Furthermore, it has been argued that the Framework relied on a political conception of (...)
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  40. Dignity: A History.Remy Debes (ed.) - 2017 - New York: Oxford University Press.
    In everything from philosophical ethics to legal argument to public activism, it has become commonplace to appeal to the idea of human dignity. In such contexts, the concept of dignity typically signifies something like the fundamental moral status belonging to all humans. Remarkably, however, it is only in the last century that this meaning of the term has become standardized. Before this, dignity was instead a concept associated with social status. Unfortunately, this transformation remains something of a mystery in existing (...)
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  41. The Right to Healthcare under European Law.André den Exter - 2017 - Diametros 51:173-195.
    Too often, the right to healthcare has been considered an illusory right that is not even a legal right, but merely an aspirational norm that cannot be adjudicated before the court. In modern human rights law, considering individual and social rights as interdependent and indivisible, such an approach is untenable. Both legal doctrine and recent case law from domestic and international courts have elaborated and confirmed the specific obligations under the right to healthcare, countering the general complaint of “shrouded vagueness”. (...)
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  42. Guest Editor’s Introduction to Symposium on Allen Buchanan, The Heart of Human Rights.Lister Matthew - 2017 - Law and Philosophy 36 (2):115-120.
    For many years now Allen Buchanan has been one of the most important theorists working on the philosophy of human rights, producing a large number of papers and two books significantly devoted to the topic. In the work under consideration in this symposium, Buchanan breaks new ground by examining what he claims to be the “heart” of international human rights practice – the international legal human rights (“ILHR”) system, subjecting it to moral and philosophical analysis and criticism. Buchanan's book was (...)
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  43. Questioning Human Dignity: The Dimensions of Dignity Model as a Bridge Between Cosmopolitanism and the Particular.David G. Kirchhoffer - 2016 - In Religion and Culture in Dialogue. Springer Verlag. pp. 167--179.
    The claim that human dignity is universal is challenged by the particular experience of the horrible things people do to others. If dignity is just a ‘vacuous concept’ then the notion of universal human rights and the claim of cosmopolitism that all human beings for a single moral community are also called into question. A close reading of the Universal Declaration of Human Rights and an analysis the historical development of the text reveals a complex conception of human dignity expressed (...)
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  44. Weighing Words: On the Governmentality of Free Speech.Muhammad Ali Nasir - 2016 - Social and Legal Studies 25 (1).
    The article explores the regulatory aspect of the right to freedom of expression. It focuses on human rights case law to see how the guarantee of this right considers subjects, who are required to be free in specific ways in order to exercise their freedoms aptly.
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  45. Justifying International Legal Human Rights.Jesse Tomalty - 2016 - Ethics and International Affairs 30 (4):483-490.
    In The Heart of Human Rights, Allen Buchanan emphasizes the distinction between moral human rights (MHRs) on the one hand and international legal human rights (ILHRs) on the other. MHRs are the moral rights held universally by all humans simply in virtue of being human. ILHRs are the legal rights of international practice, which are articulated in the United Nations’ International Bill of Rights and related legal documents. One of the most controversial aspects of Buchanan’s account of human rights is (...)
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  46. Philosophical Foundations of Human Rights.Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.) - 2015 - Oxford, United Kingdom: Oxford University Press UK.
    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives (...)
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  47. Human Rights: India and the West.Ashwani Kumar Peetush & Jay Drydyk (eds.) - 2015 - Oxford University Press.
    The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations’ Declaration of Human Rights developed with little or no consultation from (...)
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  48. Problem aksjologicznej legitymizacji uniwersalnego systemu ochrony praw człowieka [Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights].Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne Problemy Ochrony Praw Człowieka. Katedra Ochrony Praw Człowieka I Prawa Międzynarodowego Uksw. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. Realisation (...)
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  49. Problem aksjologicznej legitymizacji uniwersalnego systemu ochrony praw człowieka.Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne problemy ochrony praw człowieka. Katedra Ochrony Praw Człowieka i Prawa Międzynarodowego UKSW. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system (UN-system) of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. (...)
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  50. The Thin Justice of International Law: A Moral Reckoning of the Law of Nations.Steven R. Ratner - 2015 - Oxford University Press.
    Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
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