Search results for 'Human rights' (try it on Scholar)

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  1. Committe for Human Rights & American Anthropological Association (2009). Declaration on Anthropology and Human Rights (1999). In Mark Goodale (ed.), Human Rights: An Anthropological Reader. Wiley-Blackwell.score: 1440.0
     
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  2. Chapter11 Human (2012). Human Rights as Technologies of the Self: Creating the European Governmentable Subject of Rights. In Ben Golder (ed.), Re-Reading Foucault: On Law, Power and Rights. Routledge. 229.score: 1020.0
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  3. Pablo Gilabert (forthcoming). Reflections on Human Rights and Power. In Adam Etinson (ed.), Human Rights: Moral or Political? Oxford University Press.score: 210.0
    Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This (...)
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  4. Pablo Gilabert (forthcoming). Human Rights, Human Dignity, and Power. In Rowan Cruft, Matthew Liao & Massimo Renzo (eds.), The Philosophical Foundations of Human Rights. Oxford University Press.score: 210.0
    This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to (a) a normative status of persons that makes their treatment in terms of human rights a proper response, and (b) a social condition of persons in which their human (...) are fulfilled. This paper pursues three tasks. First, it provides an analysis of the content and an interpretation of the role of the idea of human dignity in current human rights discourse. The interpretation includes a pluralist view of human interests and dignity that avoids a narrow focus on rational agency. Second, this paper characterizes the two aspects of human dignity in terms of capabilities. Certain general human capabilities are among the facts that ground status-dignity, and the presence of certain more specific capabilities constitutes condition-dignity. Finally, this paper explores how the pursuit of human rights and human dignity links to distributions and uses of power. Since capabilities are a form of power, and human rights are in part aimed at respecting and promoting capabilities, human rights involve empowerment. Exploring the connections between human rights, capabilities, and empowerment provides resources to defend controversial human rights such as the right to democratic political participation, and to respond to worries about the feasibility of their fulfillment. This paper also argues that empowerment must be coupled with solidaristic concern in order to respond to unavoidable facts of social dependency and vulnerability. (shrink)
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  5. Pablo Gilabert (2013). The Capability Approach and the Debate Between Humanist and Political Perspectives on Human Rights. A Critical Survey. Human Rights Review 14 (4):299-325.score: 210.0
    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 (...)
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  6. David Miller (2013). Border Regimes and Human Rights. Law and Ethics of Human Rights 7 (1):1-23.score: 210.0
    This article argues that there is no human right to cross borders without impediment. Receiving states, however, must recognize the procedural rights of those unable to protect their human rights in the place where they currently reside. Asylum claims must be properly investigated, and in the event that the state declines to admit them as refugees, it must ensure that the third country to which they are transferred can protect their rights. Both procedural and substantive (...)
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  7. Mark F. N. Franke (2013). A Critique of the Universalisability of Critical Human Rights Theory: The Displacement of Immanuel Kant. [REVIEW] Human Rights Review 14 (4):367-385.score: 210.0
    While the critically oriented writings of Immanuel Kant remain the key theoretical grounds from which universalists challenge reduction of international rights law and protection to the practical particularities of sovereign states, Kant’s theory can be read as also a crucial argument for a human rights regime ordered around sovereign states and citizens. Consequently, universalists may be tempted to push Kant’s thinking to greater critical examination of ‘the human’ and its properties. However, such a move to more (...)
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  8. Irene Istiningsih Hadiprayitno (2010). Defensive Enforcement: Human Rights in Indonesia. [REVIEW] Human Rights Review 11 (3):373-399.score: 210.0
    The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies of human rights enforcement. The study has the effect of highlighting some of the immense deficits in ensuring that violations are treated under judicial procedure and the protection of human (...) is available and accessible for victims. The author inevitably came into a conclusion that the openness of legal and political arenas for human rights discourses is not followed with a tangible impact on the entitlement positions of the people. The problems of the weak institutions and the unenthusiastic enforcement show that, in Indonesia, human rights are formally adopted as a political strategy to avoid substantial implementation. (shrink)
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  9. Mitch Avila (2011). Human Rights and Toleration in Rawls. Human Rights Review 12 (1):1-14.score: 210.0
    In a Society of Peoples as Rawls conceives it, human rights function as “criteria for toleration.” This paper defends the conception of human rights that appears in Rawls’ The Law of Peoples as normatively and theoretically adequate. I claim that human rights function as criteria for determining whether or not a given society or legal system can be tolerated. As such, “human rights” are not themselves basic facts or judgments or ascriptions, but (...)
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  10. Brooke Ackerly (2011). Human Rights Enjoyment in Theory and Activism. Human Rights Review 12 (2):221-239.score: 210.0
    Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity), human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,” the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning (...)
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  11. Courtney Hillebrecht (2012). Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights. Human Rights Review 13 (3):279-301.score: 210.0
    The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR’s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court’s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR’s judgments. Using case studies from the UK and Russia, this (...)
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  12. Deryck Beyleveld (2012). The Principle of Generic Consistency as the Supreme Principle of Human Rights. Human Rights Review 13 (1):1-18.score: 210.0
    Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in (...)
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  13. Elena Pariotti (2009). International Soft Law, Human Rights and Non-State Actors: Towards the Accountability of Transnational Corporations? [REVIEW] Human Rights Review 10 (2):139-155.score: 210.0
    During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this (...)
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  14. Nicolas Rost (2011). Human Rights Violations, Weak States, and Civil War. Human Rights Review 12 (4):417-440.score: 210.0
    This study examines the role of human rights violations as a harbinger of civil wars to come, as well as the links between repression, state weakness, and conflict. Human rights violations are both part of the escalating process that may end in civil war and can contribute to an escalation of conflict to civil war, particularly in weak states. The role of government repression and state weakness in leading to civil war is tested empirically. The results (...)
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  15. Desh Raj Sirswal (2012). Casteism, Social Security and Violation of Human Rights. In Manoj Kumar (ed.), Human Rights for All.score: 210.0
    The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, (...)
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  16. John Dietrich & Caitlyn Witkowski (2012). Obama's Human Rights Policy: Déjà Vu with a Twist. Human Rights Review 13 (1):39-64.score: 210.0
    In US history, much human rights policy developed in four waves during the twentieth century. These waves were triggered by similar circumstances, but all proved short-lived as structural constraints such as limited US power over other countries’ domestic actions, competing US policy priorities, a US hesitance to join multilateral institutions, and the continued domestic political weakness of human rights advocates led to setbacks. As Barack Obama took office, his campaign comments and the past patterns led to (...)
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  17. Amitai Etzioni (2011). Obama's Implicit Human Rights Doctrine. Human Rights Review 12 (1):93-107.score: 210.0
    During his first year in office, President Barack Obama has outlined a human rights doctrine. The essence of Obama’s position is that the foreign policy of the USA is dedicated to the promotion of the most basic human right—the right to life—above and beyond all others and that the USA will systematically refrain from actively promoting other rights, even if this merely entails sanctions or raising a moral voice. This article details and examines Obama’s position and (...)
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  18. James C. Franklin (2013). Human Rights Contention in Latin America: A Comparative Study. [REVIEW] Human Rights Review:1-20.score: 210.0
    This paper reports original data on contentious challenges, especially protests, focused on human rights in seven Latin American countries from 1981 to 1995. An analysis reveals that human rights contentious challenges are most prevalent where human rights abuses are worse and authoritarianism is present and in countries that are more urbanized. However, the incidence of such human rights contentious challenges is not related to the number of human rights organizations (HROs) (...)
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  19. Veronika Haász (2013). The Role of National Human Rights Institutions in the Implementation of the UN Guiding Principles. Human Rights Review 14 (3):165-187.score: 210.0
    National human rights institutions (NHRIs) are key domestic mechanisms for promotion and protection of human rights. The institutions' broad mandate, competencies, and special status between state and nonstate actors on the one hand, and special status between the national and international levels on the other hand enable them to engage effectively in the field of business and human rights. Since 2009, NHRIs have been engaging with the international human rights system in order (...)
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  20. Barbara Ann Hocking & Scott Guy (2010). Constitutional and Human Rights Disturbances: Australia's Privative Clauses Created Both in an Immigration Context. [REVIEW] Human Rights Review 11 (3):401-431.score: 210.0
    With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative (...)
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  21. Laura K. Landolt (2013). Externalizing Human Rights: From Commission to Council, the Universal Periodic Review and Egypt. [REVIEW] Human Rights Review 14 (2):107-129.score: 210.0
    Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper offers (...)
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  22. Federico Merke & Gino Pauselli (2013). Foreign Policy and Human Rights Advocacy: An Exercise in Measurement and Explanation. [REVIEW] Human Rights Review 14 (2):131-155.score: 210.0
    This article addresses three questions: How can we define and measure what constitutes a foreign policy in human rights? How is it possible to explain both the activism of a state and its ideological orientation in the international promotion of human rights? What is the empirical evidence found when we try to answer these questions in intermediate states? Research done on four cases (Argentina, Australia, Brazil and South Africa) suggests a correlation between domestic efforts in the (...)
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  23. Robin Redhead & Nick Turnbull (2011). Towards a Study of Human Rights Practitioners. Human Rights Review 12 (2):173-189.score: 210.0
    The expansion of human rights provisions has produced an increasing number of human rights practitioners and delineated human rights as a field of its own. Questions of who is practicing human rights and how they practice it have become important. This paper considers the question of human rights practice and the agency of practitioners, arguing that practice should not be conceived as the application of philosophy, but instead approached from a (...)
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  24. Freek van der Vet (2012). Seeking Life, Finding Justice: Russian NGO Litigation and Chechen Disappearances Before the European Court of Human Rights. Human Rights Review 13 (3):303-325.score: 210.0
    This article presents findings from an interview study of human rights practitioners who assist relatives of the disappeared from Chechnya with their complaints before the European Court of Human Rights (ECtHR). These practitioners work for nongovernmental organizations (NGOs). The study contributes to the scant literature on NGO litigation before the ECtHR and to the social scientific literature on how human rights are actively practiced. It investigates the NGOs’ intermediary position between the ECtHR and the (...)
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  25. Kurt Beurmann (2008). Human Rights in Kosovo. Human Rights Review 9 (1):41-54.score: 210.0
    The emotions surrounding the question of Kosovo’s future owe their intensity to the long history of human rights abuses in the province. The years 1945–1966 and 1987–1999, in particular, saw harsh repression of local Albanians and a systematic favoring of local Serbs. Since June 1999, the province has been under international supervision, and, in this period, Serbs complain that they have been the victims of repeated acts of violence at the hands of Albanians. This article provides an overview (...)
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  26. Jodi Finkel (2012). Explaining the Failure of Mexico's National Commission of Human Rights (Ombudsman's Office) After Democratization: Elections, Incentives, and Unaccountability in the Mexican Senate. [REVIEW] Human Rights Review 13 (4):473-495.score: 210.0
    Mexico’s ombudsman’s office (the Comision Nacional de Derechos Humanos (CNDH)), established in 1990 by a nondemocratic government, posed no threat to the then ruling party. Counter to expectations, even after Mexico democratized in 2000, the CNDH remained unwilling to challenge officials for human rights violations. I argue that this is because the ombudsman (the head of the CNDH) is chosen by Mexican Senators who are not accountable—due to secret voting and a prohibition on reelection—to the Mexican public. While (...)
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  27. Volker Heins, Aditya Badami & Andrei S. Markovits (2010). The West Divided? A Snapshot of Human Rights and Transatlantic Relations at the United Nations. Human Rights Review 11 (1):1-16.score: 210.0
    Based mostly on extensive interviews with diplomats and human rights activists, this article questions the claim advanced by the German philosopher Jürgen Habermas that current transatlantic relations can be described in terms of a “Divided West.” We examine the scope and depth of shared understandings between key actors in the United States, Germany, and Canada with regard to the definition, monitoring, and implementation of international human rights and to the reform of human rights-related mechanisms (...)
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  28. Joseph Hoover & Marta Iñiguez De Heredia (2011). Philosophers, Activists, and Radicals: A Story of Human Rights and Other Scandals. [REVIEW] Human Rights Review 12 (2):191-220.score: 210.0
    Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is an (...)
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  29. Ivar Kolstad (2009). Human Rights and Assigned Duties: Implications for Corporations. [REVIEW] Human Rights Review 10 (4):569-582.score: 210.0
    Human rights imply duties. The question is, duties for whom? Without a well-defined scheme for assigning duties correlative to human rights, these rights remain illusory. This paper develops core elements of a general scheme of duty assignment and studies the implications for corporations. A key distinction in such an assignment is between unconditional and conditional duties. Unconditional duties apply to every agent regardless of the conduct of others. Conditional duties reflect a division of moral labour (...)
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  30. Claudia Messina & Liliana Jacott (2013). An Exploratory Study of Human Rights Knowledge: A Sample of Kindergarten and Elementary School Pre-Service Teachers in Spain. [REVIEW] Human Rights Review 14 (3):213-230.score: 210.0
    This study aims to explore the level of information and knowledge 150 Spanish kindergarten and elementary school teachers in pre-service training have about human rights. We compared two groups of students: students with no specific training and students with specific training (the students with specific training study with the new training teaching programme that includes a compulsory subject related to citizenship education). The contents are organized around three thematic areas. Human rights are included in the first (...)
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  31. Thaddeus Metz (forthcoming). African Values and Human Rights as Two Sides of the Same Coin: Reply to Oyowe. African Human Rights Law Journal 14 (2).score: 210.0
    In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights (...)
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  32. David L. Richards & K. Chad Clay (2012). An Umbrella With Holes: Respect for Non-Derogable Human Rights During Declared States of Emergency, 1996–2004. [REVIEW] Human Rights Review 13 (4):443-471.score: 210.0
    This paper examines the effects of non-derogability status for seven human rights during declared states of emergency from 1996 to 2004 in 195 countries. For this purpose, we create several original measures of countries’ state of emergency status. Our analysis finds the intended protections from the special legal status of non-derogable rights to be anemic, at best, during declared emergencies. This finding begs a reconsideration of both the utility of the “non-derogable” categorization in both international and municipal (...)
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  33. Steven D. Roper & Lilian A. Barria (2009). Political Science Perspectives on Human Rights. Human Rights Review 10 (3):305-308.score: 210.0
    This special issue of Human Rights Review is devoted to an exploration of the current human rights research agendas within the political science discipline. Research on human rights is truly an interdisciplinary quest in which various epistemologies can contribute to each other and form a larger dialogue concerning rights and wrongs. This special issue is devoted to an expansive understanding of the state of research on human rights in the political science (...)
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  34. Sidney Tarrow (2010). Outsiders Inside and Insiders Outside: Linking Transnational and Domestic Public Action for Human Rights. [REVIEW] Human Rights Review 11 (2):171-182.score: 210.0
    “Is the traditional divide between domestic and international politics breaking down?” and, if so, with what effects on transnational human rights activism? This paper argues that small and focused transnational campaigns can have dramatic short-term results that its large-scale and bureaucratic cousins are too slow-moving to effect; it illustrates the importance of often-fleeting political opportunities in opening windows for non-state public action; and using four different transnational campaigns, it shows how loosely coupled mechanisms and processes link domestic and (...)
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  35. Joyce Apsel (2011). Educating a New Generation: The Model of the “Genocide and Human Rights University Program”. [REVIEW] Human Rights Review 12 (4):465-486.score: 210.0
    This paper examines the design and teaching of "Genocide and Human Rights," an innovative, higher education course introduced in 2002 to provide training for a new generation of scholars and teachers. The course was developed and funded by a small non-profit organization, the Zoryan Institute, in Toronto, Canada. One purpose of the course is to teach about the Armenian genocide within a comparative genocide and human rights framework. Another goal is to fill a gap in the (...)
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  36. Alisa Clarke (2012). The Potential of the Human Rights-Based Approach for the Evolution of the United Nations as a System. Human Rights Review 13 (2):225-248.score: 210.0
    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 (...)
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  37. Brian Grodsky (2009). On the Other Side of the Curtain: A Reassessment of Non-Elite Human Rights Experiences and Values in Poland. [REVIEW] Human Rights Review 10 (2):219-238.score: 210.0
    In this paper, I explore the formation of human rights attitudes among what I call the “silent majority” in the post-communist countries of Central Europe and the former Soviet Union. This is the large, diverse group of people never directly confronted with harsh methods of repression under communism. I argue here that the foundations for conceptualizing human rights are based on the degree and saliency of exposure to rights violations and that, for many citizens of (...)
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  38. Julie Harrelson-Stephens & Rhonda L. Callaway (2009). “The Empire Strikes Back”: The US Assault on the International Human Rights Regime. [REVIEW] Human Rights Review 10 (3):431-452.score: 210.0
    We argue that the post-9/11 environment has amounted to a substantive change in the longstanding United States relationship with the international human rights regime. We identify three distinct phases of that relationship, noting that in the most recent phase, since 9/11, the US has moved from passive support of the international human rights regime to a direct attack of that regime. Realist and liberal regime theories suggest that the human rights regime is relatively weak, (...)
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  39. Dana Zartner & Jennifer Ramos (2011). Human Rights as Reputation Builder: Compliance with the Convention Against Torture. [REVIEW] Human Rights Review 12 (1):71-92.score: 210.0
    A strong record of human rights protections is an important factor for a state to maintain a positive international reputation. In this article, we suggest that states will use compliance with human rights treaties as a mechanism by which to improve their reputations to help achieve their foreign policy goals. We hypothesize that international human rights compliance is a means to improve a state’s reputation in three specific situations: when the state is facing regional (...)
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  40. Susan Dicklitch & Aditi Malik (2010). Justice, Human Rights, and Reconciliation in Postconflict Cambodia. Human Rights Review 11 (4):515-530.score: 186.0
    Retribution? Restitution? Reconciliation? “Justice” comes in many forms as witnessed by the spike in war crimes tribunals, Truth & Reconciliation Commissions, hybrid tribunals and genocide trials. Which, if any form is appropriate should be influenced by the culture of the people affected. It took Cambodia over three decades to finally address the ghosts of its Khmer Rouge past with the creation of a hybrid Khmer Rouge Tribunal. But how meaningful is justice to the majority of survivors of the Khmer Rouge (...)
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  41. Diana Tietjens Meyers (2014). &Quot;recovering the Human in Human Rights&Quot;. Law, Culture, and Humanities:1-30.score: 182.0
    It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which (...) discourse ascribes variable humanity to certain categories of people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)
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  42. Joseph Raz (2010). Human Rights Without Foundations. In J. Tasioulas & S. Besson (eds.), The Philosphy of International Law. Oxford University Press.score: 180.0
    Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like (...)
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  43. Christian Barry & Nicholas Southwood (2011). What Is Special About Human Rights? Ethics and International Affairs 25 (3):369-83.score: 180.0
    Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look (...)
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  44. Jürgen Habermas (2010). The Concept of Human Dignity and the Realistic Utopia of Human Rights. Metaphilosophy 41 (4):464-480.score: 180.0
    Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral-legal Janus face of human (...)
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  45. Thomas M. Besch, Reflections on the Foundations of Human Rights.score: 180.0
    Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This (...)
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  46. Jennifer Szende, Beitz and the Problem with a State-Focused Approach to Human Rights.score: 180.0
    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 (...)
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  47. Pablo Gilabert (2011). Humanist and Political Perspectives on Human Rights. Political Theory 39 (4):439-467.score: 180.0
    This essay explores the relation between two perspectives on the nature of human rights. According to the "political" or "practical" perspective, human rights are claims that individuals have against certain institutional structures, in particular modern states, in virtue of interests they have in contexts that include them. According to the more traditional "humanist" or "naturalistic" perspective, human rights are pre-institutional claims that individuals have against all other individuals in virtue of interests characteristic of their (...)
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  48. Robert Fine (2009). Cosmopolitanism and Human Rights: Radicalism in a Global Age. Metaphilosophy 40 (1):8-23.score: 180.0
    Abstract: The cosmopolitan imagination constructs a world order in which the idea of human rights is an operative principle of justice. Does it also construct an idealisation of human rights? The radicality of Enlightenment cosmopolitanism, as developed by Kant, lay in its analysis of the roots of organised violence in the modern world and its visionary programme for changing the world. Today, the temptation that faces the cosmopolitan imagination is to turn itself into an endorsement of (...)
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  49. Marcus Arvan (2012). Reconceptualizing Human Rights. Journal of Global Ethics 8 (1):91-105.score: 180.0
    This paper defends several highly revisionary theses about human rights. §1 shows that the phrase “human rights” refers to two distinct types of moral claims. §§2-3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a “human right” is replaced by two more exact concepts: (A) International human rights: moral claims sufficient to warrant coercive domestic and international social protection; (...)
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  50. James W. Nickel (2002). Is Today's International Human Rights System a Global Governance Regime? Journal of Ethics 6 (4):353-371.score: 180.0
    Enthusiasts of the idea of globalization often view international human rights institutions as part of an emerging global governance regime. They claim that these institutions illustrate how state sovereignty is being diminished. This paper looks at the international system for thepromotion and protection of human rights aspart of normative globalization. It arguesthat this system does not constitute a systemof global governance, although in some areas itcomes close.
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