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- Christian Bay (1980). Peace and Critical Political Knowledge as Human Rights. Political Theory 8 (3):293-318.
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Abstract Human rights education is an essential part of preparation for participation in a pluralistic democracy. As Europe aspires to be a continent of democratic states accepting human rights as their basic principles, a human rights ethic should be a feature of all schools within Europe. Human rights education provides an ethical and moral framework for living in community. Moreover, this ethical position is backed in Europe by the powerful legal framework of the European Convention on Human Rights. This paper describes the features of two teachers? human rights education courses based on a structure proposed by Richardson. Both explore the relationship between moral and legal aspects of human rights teaching. The Council of Europe Recommendation on ?Teaching and Learning about Human Rights in Schools? identifies three broad dimensions of human rights education, namely: skills, knowledge and feelings. The latter affective dimension, as well as facts and pedagogy, is critical to successful teacher education in human rights.
This is a brief summary of human rights conditions in former East Germany. The author examines how Marxist thinking during the Cold War shaped the DDR's human rights regime, how human rights fit into the DDR's constitutional framework, and the realities of human rights abuses in the DDR. Human rights practices are described with reference to the principles of the International Covenant on Civil and Political Rights (ICCPR). The author concludes with the assertion that human rights must not be trumped by ends-based agendas, even those that purport to eventually offer a better future. Rather, the continuous respect of human rights should prove an end unto itself, a stance proven by the heavy migrations of East Germans across the border into the West.This paper was first presented at a seminar in human rights law at Indiana University School of Law - Bloomington.
Although the voices of "women of all colors" have furthered the goals and norms of feminist human rights scholarship, the voices of women of color and Third World women have often been rejected, ignored, or otherwise made invisible. Critical Race Feminist and other multicultural approaches to legal scholarship attempt to unite such voices and reveal their experiences and perspectives in feminist human rights discourse. This Article hypothesizes that Critical Race Feminist will make important contributions to the overall international human rights agenda. It identifies four common themes in a feminist multicultural approach to human rights scholarship: (1) the recognition that complex individual and group identities can be both a source of discrimination and a source of sustenance; (2) the tension between universal and culturally relative approaches to the human rights of women; (3) a focus on the interdependence of economic, social, and cultural rights and civil and political rights; and (4) an interrogation of the role of non-state actors in the global oppression of women. This Article further suggests that feminist human rights activists and scholars must be willing to engage the full participation of marginalized groups in redefining and elaborating human rights standards.
The concept of jus post bellum deals with moral considerations in the aftermath of conflict and is concerned with how a just peace should look like. This paper analyses the concept of jus post bellum as developed by contemporary Just War theorists. Its aim is to provide a critical perspective on the proposed substantial scope of this concept. In other words, it will consider the question: in restoring peace after war, is it justified for just combatants to change the political structure of a defeated aggressor? The piece will be divided into two main parts. First, through a review of the literature, I define the current state of the art on jus post bellum thinking in relation to a number of key aspects of this concept. What does241 it entail? Which principles is it made of? What sort of activities do just war theorists speak about when they speak of creating a just peace? Second, I focus on the principle of ?political rehabilitation? of the defeated state: is it permissible? Under what circumstances? While considering these questions and authors' views on this matter, the paper will provide a critical reappraisal of the current debate on the justifiability of political reconstruction in post-conflict states.
The Challenge of Human Rights traces the history of human rights theory from classical antiquity through the enlightenment to the modern human rights movement, and analyses the significance of human rights in today’s increasingly globalized world. Provides an engaging study of the origin and the philosophical and political development of human rights discourse. Offers an original defence of human rights. Explores the significance of human rights in the context of increasing globalisation. Confronts the major objections to human rights, including the charge of western ethical imperialism and cultural relativism. Argues that human rights logically culminate in an ethical cosmopolitanism to reflect the moral unity of the human race.
The orthodox conception of human rights holds that human rights are moral rights possessed by all human beings simply in virtue of their humanity. In recent years, advocates of a 'political' conception of human rights have criticized this view on the grounds that it overlooks the distinctive political function performed by human rights. This article evaluates the arguments of two such critics, John Rawls and Joseph Raz, who characterize the political function of human rights as that of potential triggers for intervention by one society against another.
Charles Beitz has presented us with a new and novel theory of human rights, one that is motivated by a concern for the enforcement of human rights in modern international practice. However, the focus on states in his human rights project generates a tension between the universal aspirations of individual human rights and the vulnerable individuals who through rendition or state failure find themselves outside the international state system. This paper argues that Beitz and other theorists of human rights make a mistake when they define human rights in statist terms. The scope of a theory of human rights must include all human beings, even if not simply in virtue of their humanity. The aspiration for human rights to be political and not metaphysical is interesting and admirable, but the human scope of human rights must be retained in order for human rights to retain their critical force.
Discussion of Christian Bay, Peace and critical political knowledge as human rights
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