Online research in philosophy

My professional interest originally focused on curriculum planning and development, but for the last 30 years I have been researching, publishing and teaching in the field of human rights education. Suddenly, I became a human rights educator. Suddenly? No, nothing in our personal and professional life is the result of an abrupt occurrence. We are subjects of a particular history, a succession of events and narratives, located in time, space and circumstances. I constructed myself, consciously (...) or unconsciously, as a human rights educator as a consequence of many personal factors. Being the son of the first Rabbi in Chile, I felt, at a very early age, that I was different and suffered from discriminatory behaviour, prejudice and intolerance. In addition, I started to learn about the Holocaust. I lived in a poor neighbourhood and poverty had a profound impact on me. During the 1960s and 1970s many political changes took place in Chile. Severe human rights violations occurred, not only in Chile but also in the different contexts of many other Latin American countries. I became much more aware of, and sensitive to, human rights and their ethical implications. I decided to make use of my educational knowledge towards recovering democracy. I became a strong supporter of human rights education as an ethical and moral imperative throughout Latin America. (shrink)

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. (shrink)

This is a review article of Charles Beitz's 2009 book on the philosophy of human rights, The Idea of Human Rights. The article provides a charitable overview of the book's main arguments, but also raises some doubts about the depth of the distinction between Beitz's 'practical' approach to humans rights and its 'naturalistic' counterparts.

This article addresses the so-called ‘claimability objection’ to human rights. Focusing specifically on the work of Onora O’Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O’Neill understands the claimability of a right to depend on the identification of its duty- bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural (...) target of her objection (Section II). After examining whether we might address this reformulated version of O’Neill’s objection by appealing to the specificity afforded to human rights in international, regional, and domestic law (in Section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (Section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (Section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)

Chapter 1 : Introduction General Argument My aim is to survey some of the most influential philosophical writers on human nature from the time that ...

As a human rights activist and lawyer who believes in the mutuality of theology and legal philosophy, the author argues that Catholic philosophy can catalyse the process of global reconciliation. This is because the Church has the ability to recognise the double burden faced by Christians around the world (especially in Asia) who are struggling to disassociate themselves from an “alien” and “western” mantle, while still trying to live and preach the Christian doctrine and find common ground with (...) other religions and cultures. Catholic philosophy, therefore, must engage itself and others meaningfully at an inter-religious, interdisciplinary, and multi-cultural level. We now live at a time in Church history when the gap in education between the clergy and the laity has been dramaticallynarrowed; as a result, it is imperative—especially now—to allow competing voices within the Church to be heard so that a healthy tension might arise andthrive. This will help to increase the transparency of discourse within the Catholic community itself, while also providing adaptive tools for dialogue with other,non-Catholic communities. (shrink)

The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history (...) and political practice of human rights for guidance in understanding the central idea. The author presents a model of human rights as matters of international concern whose violation by governments can justify international protective and restorative action ranging from intervention to assistance. He proposes a schema for justifying human rights and applies it to several controversial cases-rights against poverty, rights to democracy, and the human rights of women. Throughout, the book attends to some main reasons why people are sceptical about human rights, including the fear that human rights will be used by strong powers to advance their national interests. The book concludes by observing that contemporary human rights practice is vulnerable to several pathologies and argues the need for international collaboration to avoid them. (shrink)

An integrated overview of history The volume in this series are arranged topically to cover biography, literature, doctrines, practices, institutions, worship, missions, and daily life. Archaeology and art as well as writings are drawn on to illuminate the Christian movement in its early centuries. Ample attention is also given to the relation of Christianity to pagan thought and life, to the Roman state, to Judaism, and to doctrines and practices that came to be judged as heretical or (...) schismatic. Introductions to each volume tie the articles together for an integrated understanding of the history. Offers insights and understanding The aim of the collection is to give balanced and comprehensive coverage, selected on the basis of the following criteria: original and excellent research and writing; subject matter of use to teachers and students; groundbreaking importance for the history of research; background information for issues and opinions. Understanding the development of early Christianity and its impact on Western history and thought offers valuable insights into the modern world and the present state of Christiantiy. It also provides perspective on comparable developments in other periods of history and reveals human nature in its religious dimension. (shrink)

Does the right to life under article 2 ECHR include the right to terminate one's life? Does the right to private life under article 8 ECHR include the right to sleep at night free from airplane noise? Does the right to property under article 1 Protocol 1 ECHR entitle the former King of Greece to claim compensation for the expropriation of royal property, following a referendum? Do homosexual couples have a right to adopt under article 8 ECHR? This book looks (...) at both how the European Convention on Human Rights has, and ought to, be interpreted. Unlike a purely doctrinal approach, it aims at proposing an evaluative theory of interpretation for the European Convention on Human Rights. And, unlike a purely normative account, it seeks to locate interpretive values within the history of the ECHR by surveying and analysing all the relevant judgements of the European Court of Human Rights. Consequently, the book discusses cases as much as it discusses philosophical theories, striking an appropriate balance between the two. -/- Examining how law should be interpreted and what legal rights individuals have, this book raises important questions of political morality that are both capable - and in need of - principled justification. George Letsas argues that evolutive interpretation does not refer to how most European member States now understand their obligations under the Convention but to how they should understand them given the egalitarian values that they share. He defends the idea of an emerging consensus combined with a theory of autonomous concepts as a way to provide the appropriate authority for the Court to adopt an egalitarian theory of human rights. -/- A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights. (shrink)

This article builds upon on Crane, Matten and Moon's extended view of corporate citizenship to discuss the actual and potential role of private business with regard to specific human rights in developing countries. A set of analytical benchmarks will be proposed to assess corporate behaviour with regard to these rights. A number of empirical cases illustrate the applicability and constraints of these benchmarks and help to enhance corporate citizenship thinking and theory.

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought (...) to develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in (...) light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations. (shrink)

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 (...) suggests a way in which constructivism about human rights might be able to coherently and plausibly negotiate the tension between the scope, the depth and the strength of discursive inclusion: the justification of rights-allocating moral-political principles needs to be premised on an “ethical”, perfectionist defense of the good of constitutive discursive standing. (shrink)

With the 1948 UN Universal Declaration of Human Rights, the idea of human rights came into its own on the world stage. More than anything, the Declaration was a response to the Holocaust, to both its perpetrators and the failure of the rest of the world adequately to come to the aid of its victims. Since that year, however, we have seen many more cases of mass murder. Think of China, Bali, Cambodia, Ethiopia, Guatemala, the former (...) Yugoslavia, Rwanda, and now Darfur. Of course one could always claim that such horrors would have been even more frequent if not for the Declaration. But I want to argue otherwise. For I believe that human rights have contributed to making mass murder more, rather than less, likely. To be clear, my concern is specifically with the language of human rights, not the values it expresses, values which I certainly endorse. The problem with this language is that it is abstract. And the problem with abstraction is that it demotivates, it 'unplugs' us from the 'moral sources,' as Charles Taylor would call them, which empower us to act ethically. After showing why, I then go on to describe how the rise of human rights has constituted an ironic tragedy of sorts for those philosophers who have attempted to lend it intellectual support. On the whole, they may be divided into two groups. One, led by cosmopolitans such as Martha Nussbaum and Thomas Pogge, tries to interlock rights within systematic theories of justice, thus fixing the priorities between them. The other, led by value pluralists such as Isaiah Berlin, Stuart Hampshire, and Bernard Williams, rejects such theories as infeasible and asserts that the best we can do when rights conflict is to negotiate. Yet both approaches, I argue, are counter-productive. (shrink)

Hannah Arendt and The Phenomenology of Human Rights examines contemporary debates on the foundations of human rights through the lens of Arendt's writings, showing how Arendt’s phenomenological standpoint, unique within these debates, is able to shed new light a number of problems within human rights theory.

Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his “conclusions” without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to their (...) logical conclusions, both A Theory of Justice and The Law of Peoples have abysmally counterintuitive and immoral implications. These implications comprise, among other things, the justifiability of slavery, the denial of human rights and the permissibility of genocide. (shrink)

Their treatment of such human rights political participation, freedom of conscience, and religious toleration demonstrate, Oh says, that Islam should have a ...

Despite the prevalence of human rights talk in Western jurisprudence, there has never been less belief in or acceptance of, any genuine form of objective morality. Academics reject the reality of moral objectivity and proclaim, as an objective truth, that morality is a mere “socio-historical construct”, illusory because always outweighed by worse consequences, expressions of subjective preference or mere evidence of culturally relative predilections. If morality is not that, then it is thought to be evidence of the power (...) of the ruling elite in an essentially value-free universe. This article examines moral scepticism and moral relativism as a bedrock for human rights laws. It argues that if we are to retain any coherent and meaningful concept of human rights we will have to jettison our moral relativism. (shrink)

Curle concludes that the Universal Declaration of Human Rights, understood in a Bergsonian context, provides us with a way to affirm in the modern context that ...

Machine generated contents note: Prologue; Part I. Philosophical Foundations: 1. Defining human rights in a coherent manner; 2. Near neighbors, distant neighbors and the ethics of globalization; 3. Ethical guidelines for business in an age of globalization; Part II. Practical Applications: 4. Human rights and the ethics of investment in China; 5. Liberia and Firestone: a case study; 6. Free trade, fair trade, and coffee farmers in Ethiopia; 7. Maquiladoras: exploitation, economic opportunity or both?; Part III. (...) The Challenge of Enforcement: 8. Possibilities and problems; 9. Human rights, U.S. multinational corporations and the Alien Tort Claims Act; Epilogue. (shrink)

The subject of the book - the universal value of human rights and democracy - is highly topical in view of the "democratic imperialism" of the current US ...

The changing situation in South Africa and Eastern Europe prompts Charles Villa-Vicencio to investigate the implications of transforming liberation theology into a theology of reconstruction and nation-building. Such a transformation, he argues, requires theology to become an unambiguously interdisciplinary study. This book explores the encounter between theology, on the one hand, and constitutional writing, law-making, human rights, economics, and the freedom of conscience on the other. Placing his discussion in the context of the South African struggle, the author (...) compares this situation to that in Eastern Europe, and the challenge of what is happening in these situations is identified for contexts where "the empire has not yet crumbled.". (shrink)

In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of human (...) rights that Miller’s account generates is, however, minimal when compared to those found in human rights documents, such as the Universal Declaration of Human Rights and the European Convention on Human Rights. This article argues that contrary to what Miller claims, his account is ‘sectarian’, since it relies on reasons that some non-liberals should find objectionable given their divergent values. It goes on to question whether ‘sectarianism’, as Miller defines it, is, in any case, a problem for human rights theory. The article concludes that Miller provides us with no reason to abandon commitment to a more extensive list of human rights. (shrink)

Personal narratives have become one of the most potent vehicles for advancing human rights claims across the world. Human Rights and Narrated Lives explores what happens when autobiographical narratives are produced, received, and circulated in the field of human rights. It asks how personal narratives emerge in local settings how international rights discourse enables and constrains individual and collective subjectivities in narration how personal narratives circulate and take on new meanings in new contexts (...) and how and under what conditions they feed into, affect, and are affected by the reorganization of politics in post-cold war, postcolonial, globalizing human rights contexts. (shrink)

In the discussion of moral diversity the most influential approaches have been relativism, monism and minimum universalism. In this paper I argue, however, that this kind of general distinction is not as such very helpful. It does not show what is really decisive in those approaches and what is the crucial distinguishing feature among them. The most important issue, I think, is the relationship between rules that guide human beings in their pursuit of the good life and rules that (...) specify what people can do in relation to one another. Generally speaking, moral doctrines, or theories, can be divided into two categories on the basis of their answer to this question. Some doctrines—which may be called comprehensive—begin with a definite account of the highest good and determine the rights and duties of human beings on the basis of this account. Other theories, non-comprehensive, treat these two as separate issues that should not be mixed. Although such a distinction is seldom explicitly made, its significance is evident, for instance in the current discussion of human rights. Various religiously and culturally motivated reinterpretations of human rights quite distinctively stand for the former view. Moreover, even though the Universal Declaration of Human Rights clearly represents the latter approach, it has been claimed that it nevertheless puts forward a specifically Western life ideal. In order to make sense of the human rights discourse at all, it is of fundamental importance to distinguish between comprehensive and non-comprehensive approaches. Without such a distinction it is difficult to determine how to deal with competing claims about the origin, range and content of human rights (or common moral standards), not to speak of deciding between these claims. (shrink)

Abstract This study examined the effects of the Facing History and Ourselves (FHAO) human rights program on moral development and psychological functioning. The FHAO curriculum significantly increased 8th grade students? moral reasoning (Rest's 1979 Defining Issues Test) without adversely impacting on their psychological well?being (scores on depression, hopelessness or self?worth inventories). Girls were more empathic and had higher levels of social interest; boys had higher global self?worth scores; there were no differences between boys and girls in their (...) moral reasoning scores and no gender differences in the psychological impact of the course. This study adds to the literature which suggests that human rights education positively affects students? moral development. (shrink)

Twilight of the Idols has a main role in Nietzsche’s work, since it represents the opening writing of his project of Transvaluation of all values. The task of this essay is sounding out idols, i.e. to disclose their lack of content, their being hollow. The theme of eternal idols is in this work strictly related to the idea of a ‘true’ world and, consequently, a study on this latter notion can contribute to a better comprehension of what does that emptiness (...) mean and which is the way that Nietzsche wants to follow to set his thought free from any metaphysical heritage. The analysis of the notion of truth Nietzsche concerns with in Twilight of the Idols takes us back to the content of his early writings, when he gives the first sketches of his theory of knowledge. The perspective he exposed in the ‘70s is constructed on the basis of Schopenhauer’s philosophy, that Nietzsche merges with the main ideas of Lange, Spir and other neo-Kantians. The outcome of his reflections on this matter is an evolutionary epistemology, a view that leads Nietzsche to define the historical reconstruction as the only resource through which the fact that concepts are mere thoughts gradually evolved can be point out. These observations correspond in many ways to what the Austrian physicist Ernst Mach wrote in his works, and one can say that Nietzsche agrees with his “anti-metaphysical intent”, i.e. his criticizing a thought still depending on “concepts which we forgot how we’ve reached”. With my paper I’ll try to show that Nietzsche wage his war against metaphysics with the theoretical ‘weapons’ he prepared in the ‘70s, indeed that his last attack to western knowledge arises from some contents he exposed in Human, All Too Human. In this text Nietzsche reflected on the mechanisms of language and world’s representation, and connected human knowledge with the overall development of organic beings. Moreover, in his work from 1878 the philosopher presented a comparison between “metaphysische Philosophie” and “historische Philosophie”, an idea that cannot be found in the following writings, but that comes up again in the Twilight of the Idols. Indeed, in this work Nietzsche repeats his complaining philosopher’s “lack of historical sense” he dealt with in the opening pages of Human, All Too Human, and he reflects on the kind of inquiry western thinkers should adopt to set themselves free from the fixed forms of metaphysics. Thus, Nietzsche’s observation about the role of history in philosophy testifies the connection between this main works, and allow us to define the way he wants to follow to carry his critic to eternal idols out and, in doing so, to show the way forward to his last thoughts. (shrink)

Beginning with the support given by religious groups to humanitarian intervention for the protection of basic human rights in the debates of the 1990s, this essay examines the use of the human rights idea in relation to international law on armed conflict, the “Responsibility To Protect” doctrine, and the development of the idea of sovereignty associated with the “Westphalian system” of international order, identifying a dilemma: that the idea of human rights undergirds both the (...) principle of non-intervention in the internal affairs of states and the idea of an international responsibility for humanitarian intervention in cases of oppression. The pre-Westphalian conception of sovereignty as moral responsibility for the common good is then examined as an alternative that avoids this dilemma, and the essay concludes by suggesting that religious ethics also has other resources that, if used, may shed useful light on resolving this problem. (shrink)

This article explores the traditional basis of modern human rights doctrines and exposes some of the systemic shortcomings. It then posits that a number of these problems are advanced via integrating some developments in the philosophy of science and substantive scientific research into legal philosophy. This article argues that supervening holism grounded in quantum mechanics provides an alternative basis to human rights by positing an ontological construct that is congruous with many of the wisdom traditions (...) practiced around the world. Such a foundation exposes a rational imperative for universal human rights and hence appeals to legal pragmatists. (shrink)

Some Contemporary Views Claudio Corradetti ... A more complete history of the relation between modern humanitarianism and human rights remains to be written, and would have to identify the points at which each arose, when they ...

Abstract Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness (...) and greed—such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water and food security. Less well explored in this context, however, is the ethics that should underpin global use of emerging technologies such as nanotechnology as forms of planetary therapeutics. Nanotechnology may be particularly important, for instance, as a mechanism for improving upon photosynthesis and engineering it into human structures for localised production of carbon-neutral hydrogen based-fuel and carbohydrate-based food and fertilizer. Artificial photosynthesis, because of its unique and widespread public and environmental benefits in this period of human history, may even be termed the moral culmination of nanotechnology, assisting this planet to move beyond the Anthropocene epoch to that of the Sustainocene. This paper explores practical steps towards planetary nanomedicine involving governance of artificial photosynthesis, including a UNESCO Universal Declaration on the Bioethics and Human Rights of Natural and Artificial Photosynthesis (Global Solar Fuels and Foods ). Content Type Journal Article Category Original Paper Pages 1-13 DOI 10.1007/s11569-012-0144-4 Authors Thomas Faunce, College of Medicine, Biology and the Environment and College of Law (joint Appointment), Australian National University, Acton, Australia Journal NanoEthics Online ISSN 1871-4765 Print ISSN 1871-4757. (shrink)

The historical problem about the origins of the language of rights derives its importance from the conceptual problem: of "two fundamentally different ways of thinking about justice," which is basic? Is justice unitary or plural? This in turn opens up a problem about the moral status of human nature. A narrative of the origins of "rights" is an account of how and when a plural concept of justice comes to the fore, and will be based on the (...) occurrence of definite speech-forms—the occurrence of the plural noun in the sense of "legal properties." The history of this development is currently held to begin with the twelfth-century canonists. Later significant thresholds may be found in the fourteenth, sixteenth, and eighteenth centuries. Wolterstorff's attempt to find the implicit recognition of rights in the Scriptures depends very heavily on what he takes to be implied rather than on what is stated, and at best can establish a pre-history of rights-language. (shrink)

I seek to advance enquiry into the philosophical question of in virtue of what human beings have a dignity of the sort that grounds human rights. I first draw on values salient in sub-Saharan African moral thought to construct two theoretically promising conceptions of human dignity, one grounded on vitality, or liveliness, and the other on our communal nature. I then argue that the vitality conception cannot account for several human rights that we intuitively (...) have, while the community conception can do so. I conclude that, of plausible theories of human dignity with an African pedigree, the field ought to favour a community-based view and critically compare it in future work with the Kantian, autonomy-based view that dominates Western thinking about dignity. (shrink)

A. Belden Fields invites people to think more deeply about human rights in this book in an attempt to overcome many of the traditional arguments in the human rights literature. He argues that human rights should be reconceptualized in a holistic way to combine philosophical, historical, and empirical-practical dimensions. Human rights are viewed not as a set of universal abstractions but rather as a set of past and ongoing social practices rooted in (...) the claims and struggles of peoples against what they consider to be political, economic, or social domination. By aptly showing how a people’s fight for recognition is often closely tied to rights claims, Fields argues that these connections to identity can help bridge the gulf between universalistic and cultural relativistic arguments in the human rights debate. (shrink)

This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the evolution and ...

Abstract Popular education stands in the background of the majority of efforts in human rights education in Latin America. Both kinds of education have contributed to the education of people as producers, citizens and people. As producers, people are located in the common world of labour and the corresponding culture, as citizens in a sphere of rights and obligations, as people in their life?histories. All these dimensions provide challenges of a different kind to education; they are approached (...) on the background of liberation theology and Peruvian experiences. (shrink)

This paper is a sketch of the politically pluralistic conception of human rights. The conception will be illustrated by a basic characteristic of human rights under the constraint of the fact in the political. It is pluralistic because it is compatible with different moral values and cultures with qualification. It is also political because it considers political actions in practice and it does not follow from any moral doctrine which may be more generally or intrinsically related (...) to human rights. I attempt to propose that the politically pluralistic conception of human rights can response to a challenge from the fact of reasonable pluralism in international discourse and practice. The steps of my argument will be constructed as follows: first, I will propose that the point in the political is to solve the first political question (Q) whether we consider the situation of a state or of international societies; secondly, I will identify that the most important characteristic of human rights is that individuals should be treated equally in certain proper ways (C), and will argue that C can make a contribution to solve Q; thirdly, I suppose human rights can be accepted by different political arrangements or cultures with C qualification if they do not become part of the problem while solving Q; finally, I will propose that political arrangements or cultures with C qualification do not have to limit to liberalism. If these four steps are successful, then there is a politically pluralistic conception of human rights which is constructed without a moral doctrine and is compatible with reasonable pluralism in human rights practice. (shrink)

One of the most high-profile debates in Chinese philosophy concerns the compatibility of human and individual rights with basic Confucian doctrines and practices. Defenders of the incompatibilist view argue that rights are inconsistent with Confucianism because rights are (necessarily) role-independent obligations and entitlements, whereas Confucians think that all obligations and entitlements are role-dependent. Two other arguments have to do with the practice of claiming one's own rights, holding (a) that claiming one's rights undercuts (...) family-like community bonds and (b) that giving everyone license to claim her own rights is incompatible with certain hierarchical social structures that Confucians value. In this essay, I show that these arguments are too crudely formulated to identify the real points of contention with rights compatibilism, and then develop versions of two of the arguments which, when properly qualified, pose a more serious challenge for those who think rights and a license to claim one's own rights are consistent with core Confucian views. (shrink)

So You Think You're Human? confronts these problems from a historical perspective, showing how our current understanding of what it means to be human has been ...

What is our nature? What is this enigma that we call human? Who are we? Since the dawn of human history, people have exhibited wildly contradictory qualities: good and evil, love and hate, strength and weakness, kindness and cruelty, aggressiveness and pacifism, generosity and greed, courage and cowardice. Experiencing a sense of eternity in our hearts--but at the same time confined to temporal and spatial constraints--we seek to understand ourselves, both individually and as a species. In Who (...) Are We? Theories of Human Nature, esteemed author Louis P. Pojman seeks to find answers to these questions by exploring major theories in Western philosophy and religion, along with several traditions in Eastern thought. The most comprehensive work of its kind, the volume opens with chapters on the Hebrew/Christian view of human nature and the contrasting classical Greek theories, outlining a dichotomy between faith and reason that loosely frames the rest of the book. The following chapters cover the medieval view, Hindu and Buddhist perspectives, conservative and liberal theories, Kant's Copernican revolution, Schopenhauer's pessimistic idealism, and Karl Marx's theory. Freud's psychoanalytic view, the existentialist perspective, the Darwinian view, and scientific materialism are also discussed. Pojman concludes with a discussion of the question of free will, ultimately asserting that each one of us must decide for ourselves who and what we are, and, based on that answer, how we shall live. (shrink)

I show the sense in which the concept of history as a human science affects our theory of the natural sciences and, therefore, our theory of the unity of the physical and human sciences. The argument proceeds by way of reviewing the effect of the Darwinian contribution regarding teleologism and of post-Darwinian paleonanthropology on the transformation of the primate members of Homo sapiens into societies of historied selves. The strategy provides a novel way of recovering the unity (...) of the sciences: by construing the physical sciences themselves as human sciences - and, therefore, as themselves historied. (shrink)

World poverty represents a failure of the international community to see half of the global population secure their basic socio-economic rights. Yet international law establishes that cooperation is essential to the realisation of these human rights. In an era of considerable interdependence and marked economic and political advantage, the particular features of contemporary world poverty give rise to pressing questions about the scope, evolution, and application of the international law of human rights, and the attribution (...) of global responsibility. -/- This book considers the evolving nature of human rights and international cooperation in international law as a basis for addressing the role and responsibility of the international community in the creation of an environment conducive to a human-centred globalization. It offers a detailed examination of the historically controversial right to development and, through a careful consideration of its current significance and application, reflects the importance of the rationale of the right to development onto the critical challenge of poverty in the 21st century. -/- Through doctrine and jurisprudence this timely publication provides a systematic exposition of the legal responsibility of the powerful members of the international community to cooperate in addressing the structural obstacles that impact on the ability of states to develop and to fulfil their human rights obligations. (shrink)

In this popular text, Joel Spring provocatively analyzes the ideas of traditional and non-traditional philosophers, from Plato to Paulo Freire, regarding the contribution of education to the creation of a democratic society. Each section focuses on an important theme: “Autocratic and Democratic Forms of Education;” “Dissenting Traditions in Education;” “The Politics of Culture;” “The Politics of Gender;” and “Education and Human Rights.” This edition features a special emphasis on human rights education. Spring advocates a legally binding (...) right to an education that includes an education in human rights. His argument is that until schools are required to fulfill a duty to protect human rights and teach others to protect human rights, government-operated schools will remain authoritarian rather than democratic institutions. Wheels in the Head: Educational Philosophies of Authority, Freedom, and Culture From Socrates to Human Rights, Second Edition , a critically original work, is widely used as a text for courses across the fields of philosophical, social, political, and historical foundations of education, and critical issues in education. Reflecting its global relevance, a Chinese translation was published by the University of Peking Press in 2005. (shrink)

Although access to medicines is a vital feature of the right to the highest attainable standard of health (“right to health”), almost two billion people lack access to essential medicines, leading to immense avoidable suffering. While the human rights responsibility to provide access to medicines lies mainly with States, pharmaceutical companies also have human rights responsibilities in relation to access to medicines. This article provides an introduction to these responsibilities. It briefly outlines the new UN Guiding (...) Principles on Business and Human Rights and places the human rights responsibilities of pharmaceutical companies in this context. The authors draw from the work of the first UN Special Rapporteur on the right to the highest attainable standard of health, in particular the Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines that he presented to the UN General Assembly in 2008, and his UN report on GlaxoSmithKline (GSK). While the Guiding Principles on Business and Human Rights are general human rights standards applicable to all business entities, the Human Rights Guidelines for Pharmaceutical Companies consider the specific human rights responsibilities of one sector (pharmaceutical companies) in relation to one area of activity (access to medicines). The article signals the human rights responsibilities of all pharmaceutical companies, with particular attention to patent-holding pharmaceutical companies. Adopting a right-to-health “lens,” the article discusses GSK and accountability. The authors argue that human rights should shape pharmaceutical companies' policies, and provide standards in relation to which pharmaceutical companies could, and should, be held accountable. They conclude that it is now crucial to devise independent, accessible, transparent, and effective mechanisms to monitor pharmaceutical companies and hold them publicly accountable for their human rights responsibilities. (shrink)

Smith believe that granting "rights" to animals would inevitably diminish human dignity.

We live in a world in which the idea of human rights is persistently invoked. However, despite the tremendous appeal of the idea of human rights, it is also seen by many as lacking in foundation. I have argued, particularly in my book The Idea of Justice, that human rights are best seen as articulations of commitments in social ethics, comparable to — but very different from — accepting utilitarian reasoning. Like other ethical tenets, (...) human rights can, of course, be disputed, but the claim is that they will survive open and informed scrutiny.This view contrasts with seeing human rights in primarily legal terms, either as consequences of humane legislation, or as precursors of legal rights, or as pointing towards what should ideally be legal rights. Human rights may well be reflected in legislation, may inspire legislation, and may even serve, in many circumstances, as ideals that demand legislative attention. However, these are ‘further facts’— not the defining characteristics of human rights. (shrink)

Recent arbitration and human rights boards of inquiry cases involving discrimination against pregnant employees are reviewed. A comparison is made between remedies available under each procedure. It is suggested that the human resource managers review their policies and procedures relevant to this issue to ensure that they do not have the effect or intent of discriminating against pregnant employees.

At the UN, important projects laying down transnational corporations' (TNCs) human rights responsibilities have been launched without ever clarifying the relevant theoretical foundations. One of the consequences is that the human rights principles in projects like the 2000 UN Global Compact and the 2003 Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights can be understood in different ways, which should not cause surprise given that their authors (...) come from diverse backgrounds, including economics and public policy. An examination of these projects and the views of their authors reveals that, although they are superficially linked to international human rights law, they go well beyond it and attempt to deal with corporate social responsibility issues in ways that elude neat classification as fitting neatly in either legal or non-legal categories. Too little attention has been paid to how in the course of developing these projects the legal and ethical dimensions have become entwined and how lines have gotten blurred. Meanwhile, there has been recognition that these UN projects have emerged simply as ad hoc responses to practical concerns about the sustainability of globalization. The lack of any foundational theory or normative framework should be addressed; it is time to bring together specialists from different fields concerned with the human rights responsibilities of corporations to see if it is possible to define a coherent overarching theory for these UN projects. (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

In 2011 it emerged that to induce the death penalty, United States authorities had begun giving injections of pentobarbital, a substance provided by Danish pharmaceutical company Lundbeck. Lundbeck's product pentobarbital is licensed for treatment of refractory forms of epilepsy and for usage as an anaesthetic, thus for a very different purpose. The Lundbeck case offers a difficult, but also interesting Corporate Social Responsibility (CSR) dilemma between choices facing a pharmaceutical company to stop the distribution of a medical substance in order (...) to avoid complicity in human rights violations, or to retain distribution of the substance in order not to impede access to the medicine for those patients who need it. The dilemma arose at a time when the United Nations (UN) Secretary General's Special Representative on Business and Human Rights, Professor John Ruggie, was finalizing a set of Guiding Principles to operationalize recommendations on business and human rights that he had presented to the UN Human Rights Council in 2008. The article discusses the dilemma in which Lundbeck was placed in from the perspective of the Guiding Principles on business and human rights and the 2008 Protect, Respect, Remedy UN Framework. The analysis seeks to assess what guidance may be gauged from the Guiding Principles in relation to the dilemma at hand and discusses the adequacy the Guiding Principles for dealing with acute human rights dilemmas of conflicting requirements in which a decision to avoid one type of violation risks causing violation of another human right. The article concludes by drawing up perspectives for further development of guidance on implementation of the UN Framework that could be considered by the newly established Working Group on Business and Human Rights and related UN bodies. (shrink)

The nihilists are right, admits philosopher Loyal Rue. The universe is blind and aimless, indifferent to us and void of meaning. There are no absolute truths and no objective values. There is no right or wrong way to live, only alternative ways. There is no correct reading of a text or a picture or a dance. God is dead, nihilism reigns. But, Rue adds, nihilism is a truth inconsistent with personal happiness and social coherence. What we need instead is a (...) new myth, a noble lie. Only a noble lie can save us from the psychological and social chaos now threatened by the spread of skepticism about the meaning of life and the universe. In By the Grace of Guile, Loyal Rue offers a wide ranging look at the importance of deception in nature and in human society, concluding with an argument for a noble lie to replace the religious beliefs rejected by modern thought. Most of the book is a provocative apology for deception, illuminating its role in the shaping of history, evolution, personality, and society. Ranging from the Bible and Greek philosophy, to Saint Augustine and Montaigne, to Galileo, Kirkegaard, and Freud, Rue shows that it may be more accurate to describe the history of our culture as a flight from deception than as a quest for truth. He turns then to the natural world to reveal how deception works at every level of life, ranging from plants that mimic dung, carrion, or prey to lure insects that then spread pollen, to a remarkable African insect (Acanthaspis petax) that bedecks itself with dead ants and enters the ant colony undetected to binge at will. Moreover, he points out that psychological research has shown that strategies of deception and self-deception are essential to our personal well-being, that we sometimes shore up our self-esteem by deceptive means, by leaving others in a state of ignorance, by manipulating others into a state of false belief, by suppressing information from consciousness, and by fabricating or distorting our own sense of reality. And he argues that social coherence is achievable only within certain optimal limits of deception--the social fabric would be threatened by an overabundance of lies and false promises, of course, but it would also collapse if everyone were perfectly honest all the time. Finally, he argues that society is caught up in a Kulturkampf with nihilists promoting intellectual and moral relativism and realists defending objective and universal truths. The noble lie, says Rue, would introduce a third voice, one which first agrees with the nihilists that universal myths are pretentious lies, but then insists, against the nihilists, that without such lies humanity cannot survive. The challenge, he concludes, is ultimately an aesthetic one: it remains for the artists, poets, novelists, musicians, filmmakers, and other masters of illusion to seduce us into an embrace with a noble lie. We need a new myth that tells us where we have come from, what our nature is, and how we should live together--a story with the courage and presumption to say how things really are and what really matters. (shrink)

A comparative examination of four alternative ways of understandingwhat human rights are supports an institutional understanding assuggested by Article 28 of the Universal Declaration: Human rightsare weighty moral claims on any coercively imposed institutionalorder, national or international (as Article 28 confirms). Any suchorder must afford the persons on whom it is imposed secure accessto the objects of their human rights. This understanding of humanrights is broadly sharable across cultures and narrows the philosophical and practical differences (...) between the friends ofcivil and political and the champions of social, economic, andcultural human rights. When applied to the global institutionalorder, it provides a new argument for conceiving human rights asuniversal – and a new basis for criticizing this order as tooencouraging of oppression, corruption, and poverty in the developing countries: We have a negative duty not to cooperatein the imposition of this global order if feasible reforms ofit would significantly improve the realization of human rights. (shrink)

This essay examines the function of the concept of human dignity (both as an inherent feature of human existence and as an ideal achievement) in the United Nations's 1948 Universal Declaration of Human Rights. It explains why the key framers of the document affirmed an inherent human dignity in order to provide an explanatory basis for the validity of universal human rights while eschewing any religious or metaphysical justification for this affirmation. It argues (...) that the key framers, while aware of the Christian anthropology informing the modern Western concept of the dignity of the person, grasped (1) that the Declaration, to be ratifiable, would need to be free of religious reference, and also (2) that the notion of inherency suffices to suggest heuristically not only a universal human nature but also, crucially, a transcendent reality in which all persons participate. (shrink)

The argument of this article is that what I term generic globalization has created unprecedented opportunities for advances in human rights universally, but that the dominant actually existing historical form of globalization - capitalist globalization - undermines these opportunities. Substantively, I argue that taking the globalization of human rights seriously means eliminating the ideological distinction that exists between civil and political rights on the one hand, and economic and social rights on the other. Doing (...) this systematically undermines the three central claims of capitalist globalization - namely, that globalizing corporations are the most efficient and equitable form of production, distribution and exchange; that the transnational capitalist class organizes communities and the global order in the best interests of everyone; and that the culture-ideology of consumerism will satisfy our real needs. (shrink)

The best philosophical account of human rights regards them as protections of the values we attach to human agency. The international law of human rights is embodied in a large number of declarations, conventions, covenants, charters, and judicial decisions. There are many discrepancies between the lists of human rights that emerge from these two authoritative sources. This lecture explores the significance of these discrepancies.

There is no denying that international human rights norms are enforced selectively. Some oppressive governments become the targets of military intervention, while the political sovereignty of other, equally oppressive regimes is left intact. My aim in this paper is to determine whether a military operation to defend human rights can possibly be made morally illegitimate by the fact that the state prosecuting it has failed, is failing or will fail to defend human rights under (...) relevantly similar circumstances elsewhere. (shrink)

Dialogue with three major Muslim authors shows that Islam can take a positive stance toward human rights while also presenting differing interpretations of the meaning and scope of rights. Because of their subordination of norms reached through reason to those drawn from faith, as well as negative experiences of the impact of Western colonization of parts of the Muslim world, Abul A‘la Maududi and Sayyid Qutb place significant restrictions on rights of conscience. 'Abdolkarim Soroush's positive support (...) for the role of reason in Islamic faith and his less-negative assessment of the West lead him to more vigorous support for the human rights agenda. This study raises the question of whether the humility needed in comparative ethics and the respect for others at the root of human rights are necessarily linked. (shrink)

The term 'culture' has more than one meaning in different contexts. The paper attempts to show certain consequences, resulting from the ambiguous use of the term 'culture', for the protection of human rights, by comparing the use of the term in the Declaration of the Principles of International Cultural Cooperation (UNESCO 1966), with its use in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. It examines the meanings (...) of the term 'culture' used in the UNESCO Declaration and the impact of this understanding on the protection of the relevant right or rights. (shrink)

This article argues that the extension of the international regime of human rights to companies has not changed the essentially state-centric nature of the regime. The analysis focuses on three recent United Nations initiatives: (1) 'Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights', (2) the Global Compact, and (3) the work of the UN special representative on business and human rights. The analysis shows that, despite these (...) initiatives, states are the primary holders of human rights obligations and have a key role in the decision making and enforcement of the regime. Companies have participated to the regime, but they have done so mainly through lobbying governments and thus enforcing the role of states. The analysis also shows that the engagement of new actors to decision-making about the extension of regime norms is essential for norm adoption. Finally, the issue of non-compliant companies needs to be resolved before the regime can be considered established. (shrink)

An illustrative comparison of human rights in 1948 and the contemporary period, attempting to gauge the impact of globalization on changes in the content of human rights (e.g., collective rights, women's rights, right to a healthy environment), major abusers and guarantors of human rights (e.g., state actors, transnational corporations, social movements), and alternative justifications of human rights (e.g., pragmatic agreement, moral intuitionism, overlapping consensus, cross-cultural dialogue).

Abstract Liberation Theology has played an important role in the development of the human rights movement in Latin America. This paper gives an outline of its basic perspective on human rights and refers to its historical basis. The Latin American Catholic liberation?theological perspective is described as one important voice in the emergence of a new global ethic centred on human rights. It is profoundly connected with the defence of the rights of the poor (...) to a better life and of indigenous peoples in the Americas who have been profoundly hurt by several centuries of colonisation. (shrink)

The paper critically discusses the proposal of identifying the subject of human rights by means of the concept of moral person, reflecting on the inherent connection between the concept of person and that of human rights in their moral dimension, that is, in the light of an ethics of human rights, an ethics in which human rights represent fundamental moral values. The thesis defended is that the concept of moral person lends itself (...) more than any other to the role of subject of human rights, if conceived as a relational, communicative and representative social value, that is as “the concept of an individual human being whose features enable him to join some segments of his life with others”. (shrink)

The authors analyze deficiencies and perils of the European Convention on Human Rights and Biomedicine , in particular the concept of human rights as given by natural law and the Conventions stand on germline therapy and its refutation of therapeutic enhancement.

An emerging body of literature has highlighted a gap in our understanding of the extent to which the salience attached to human rights is likely to influence the extent to which an individual takes account of Corporate Social Responsibility (CSR) in decision making. The primary aim of this study is to begin to address this gap by understanding how individuals attribute different emphasis on specific aspects of human rights when making decisions to purchase, work, invest or (...) support the community operations for socially responsible organisations. In order to achieve this objective, a survey instrument was administered to professionals in Russia and Bulgaria. Our data indicate that there is a significant correlation between individuals’ sensitivity towards different components of human rights and their perceptions of the importance of CSR in decision making. Specifically, the recognition of political rights was strongly associated with the willingness to purchase, invest, seek employment and support socially responsible firms. Our analysis also outlines significant differences between the Russian and the Bulgarian samples with regard to the manners in which individuals rate the importance of civil, political and economic human rights. (shrink)

In this article, the author traces the response of liberation theologians to human rights initiatives through three distinct stages over the past thirty years: from an initial avoidance of the concept, to an early critique, and then to a nuanced theological appropriation. He contends that liberation theology brings a thoroughgoing concern for the poor and an innovative methodology of historicization to the discussion of human rights. In clarifying the treatment of human rights within a (...) specific religious movement, the author also addresses larger questions about the specific role of human rights language. To this end, the article shows how liberation theologians have grappled concretely with the divisions among different "generations" of rights, various rights discourses, and diverse options for rights advocacy. (shrink)

This paper argues that the independence from intercultural disagreement, that Peter Jones attributes to human rights, implies that those rights are best understood as modelled on the Will Theory of rights and are derived from each person?s foundational right to equal (negative) freedom.

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially (...) important principles of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

If Augustine's view of human sexuality is to be understood properly, it must be represented across the history of creation, fall and redemption. His notion of sexuality prior to the fall, although defective in its understanding of personal bodily presence, does integrate sexuality into the essentially human. His account of fallen sexuality expresses not a body-soul dualism but a disordering of the self which finds a partial and redemptive remedy in the "goods of marriage." His treatment of (...) sexuality in relation to redemption-in-course has a distinctively historical dimension that must be respected if sexuality is not to be left merely to the endless rhythms of nature, but drawn into the human story in its Christian telling. (shrink)

The purpose of the present article is to analyse South African listed companies' public reporting in order to contribute to our understanding of how and why companies consider human rights. The empirical analysis is placed in the context of the increasing prominence of human rights as a business issue, premised in part on the activities of the United Nations (UN) Special Representative of the Secretary General (SRSG) on human rights and business. On the basis (...) of a content analysis of the public reports of the top 100 companies listed on the Johannesburg Stock Exchange (JSE), we test hypotheses focused on the antecedents of companies' demonstrated human rights due diligence, with particular reference to assumptions or findings of the SRSG and institutional theory. Some of our results are unexpected: there is little influence exerted by the sector and size of companies in our sample, and there is also an unexpectedly insignificant impact of company participation in the UN Global Compact and the JSE Socially Responsible Investment Index. On the other hand, a key predictor of human rights due diligence is an explicit leadership commitment, and important roles are also played by government regulations and stock exchange listing rules. (shrink)

In an article entitled, “Imagining Human Rights” Professor Ian Ward considers the fate of human rights at the beginning of the twenty-first century. While, as he argues, human rights have been seen as an epitome of liberalism’s triumph, this perception has come to be regarded as a delusion amid the acts of genocide and inhumanity that have characterized the past decade. Ward argues for a re-evaluation of the idea of human rights through (...) an accommodation of “sense and sensibility” that allows for a vision of a pluralistic conception of human rights. This paper seeks to refute this view. In this respect, it examines Kant’s views on human freedom as well as the relevance of Dworkin’s notion of “integrity” in terms of achieving a workable framework for the achievement of human rights despite diverse and competing notions of justice. (shrink)

The hermeneutic anthropology of human rights is a possible anthropology before human rights. It does not aim at a deductive demonstration of the validity of human rights, but it delivers a hermeneutic justification of them by taking into account the a priori link of self-understanding with living body. Three aspects are most relevant in this case: a) The human person not only exists, but also has a value which is recognized within the shared (...) world of persons. The embodied presence of persons is affirmed beyond pure facticity through the meta-grammatical terms " I " , "you" and "we". This mutual affirmation as an act of freedom indicates the primordial value of dignity, b) The human person has to arrange its uncertainty as a living being. It has to prevail over nature, in order to create an order of life. This consciousness of being able to act is the source of power. Nevertheless, power is produced as a kind of surplus through social interaction. The tension between power and recognition is always renewed and remains an open question for society, c) Human rights introduce moral demands on power. They define the political order of the society in such a way that the citizens can carry out their plan of life. Furthermore, they preserve the awareness of the limits, since human dignity indicates that the embodied presence of the human person and its world-character should not be defined apart from freedom and recognition. (shrink)

Translators at the European Court of Human Rights, as at other international courts, have to deal with two different types of legal terminology in judgments and decisions: on the one hand, terms that would be used by a national practitioner in the relevant language, and on the other, the supranational language that has evolved in general international law or that is specific to the Court itself, being enshrined in its basic texts or case-law. The choice of translation will (...) often be imposed by the source text, which may be a constraint; extensive knowledge of the Court’s autonomous terms and other “linguistic precedent” is vital if they are to be used accurately and consistently. The task of devising and using supranational terms to encompass domestic realities in as many as 47 States is not only that of the drafter; the linguist also has a crucial role to play in conveying the Court’s message in a culture-neutral manner. (shrink)

: The Convention on Human Rights and Biomedicine developed by the Council of Europe, now undergoing ratification, is the first international treaty focused on bioethics. This article describes the background of the Convention's development and its general provisions and provides a comparison of its requirements with those of federal regulations governing research with human subjects. Although most provisions are comparable, there are significant differences in scope and applicability, for example, in the areas of compensation for injury, research (...) participation by persons with limited capacity to consent, assisted reproduction, organ transplantation, and research in emergency situations. The Convention represents a milestone in international bioethics and protection of human rights that will probably be referred to with increasing frequency. (shrink)

Two opposite tendencies characterize the intellectual and political developments in our world as a whole at the end of the twentieth century: on the one hand, we promote respect for human rights, i.e., for certain “universal” norms; on the other, we promote equal respect for all cultures, i.e., respect also for sets of parochial, “relative” norms, which are not only often discrepant among themselves, but often discrepant vis-à-vis human rights as well. In light of this, I (...) argue that we need paideia for a sagacious implementation of human rights in the twenty-first century. (shrink)

This article explores the effectiveness of the decision of the Committee on the Elimination of Discrimination against Women in the case of Alyne da Silva Pimentel Teixeira (deceased) v. Brazil, concerning a poor, Afro-Brazilian woman. This is the first decision of an international human rights treaty body to hold a state accountable for its failure to prevent an avoidable death in childbirth. Assessing the future effectiveness of this decision might be undertaken concretely by determining the degree of Brazil's (...) actual compliance with the Committee's recommendations, and how this decision influences pending domestic litigation arising from the maternal death. Alternative approaches include: determining whether, over time, the decision leads to the elimination of discrimination against women of poor, minority racial status in the health sector, and if it narrows the wide gap between rates of maternal mortality of poor, Afro-Brazilian women and the country's general female population. Determining the effectiveness of this decision will guide whether to pursue a more general strategy of judicializing maternal mortality. (shrink)

Abstract This paper describes a qualitative research project into the motivations and self?concepts of human rights advocates. Conclusions suggest that human rights advocacy is related to a sense?of?self defined through its connection, similarity and interdependency with others, particularly oppressed people outside one's own group. The educational implications of this premise are that human rights education must be expanded to (a) include overall classroom structures, (b) counteract the objectification of the oppressed by valuing the subjective (...) experiences of students through the curricula and (c) transform the isolated nature of most United States classrooms. (shrink)

This paper critically explores the growing assertiveness with which liberalism has approached questions of the just use of force since 9/11. The liberal position rests upon broad claims about the centrality of human rights concerns to considerations of the justice of war. The claim is that a liberal-cosmopolitan respect for human rights forces us to reconsider the conservative, generally prohibitive, position on the use of force defended by traditional just war theory and enshrined in international law. (...) This argument is has been most fully developed by Allen Buchanan in several important books and papers and it is Buchanan’s position that forms the basis for the critique of the assertive cosmopolitan attitude to the use of force that is offered in this article. The paper shows that both the just war tradition and those who theorize the ethics of the law of armed conflict have taken the moral and political reality of human rights seriously (in a manner that directly addresses Buchanan’s core argument) but that there remain compelling reasons to defend a conservative approach to the use of force. (shrink)

As a member of the UNESCO International Bioethics Committee (IBC) in 2005, I was privileged to serve on the small drafting group of the Universal Declaration on Bioethics and Human Rights, which was expertly chaired by the Australian Justice Michael Kirby. That draft matured over two years and was adopted by acclamation at the General Assembly of UNESCO in 2005. The project was conceived out of dissatisfaction with the generally perceived preoccupation of bioethics with the professional clinical encounter (...) and related matters that tended to ignore larger issues related to human rights. As the only global bioethics body representing 193 member states in the world, the IBC was well placed to attempt the achievement .. (shrink)

At first blush, debt-for-nature swaps seem to provide win-win solutions to the looming problems of environmental degradation and extreme poverty. So, one might naturally assume that they are morally permissible, if not obligatory. This article will argue, however, that debt-for-nature swaps are sometimes morally questionable, if not morally impermissible. It suggests that some criticisms of traditional (economic) conditions placed on loans to poor countries also apply to the (environmental) conditionality implicit in such swaps. The article's main theoretical contribution is to (...) suggest a general argumentative strategy for posing a challenge to the moral acceptability of many seemingly innocuous, or even apparently good, policies in the real world. Its discussion of how we should respond to seemingly tragic dilemmas (e.g. between protecting nature and respecting human rights) may also be of general interest. (shrink)

International Human Rights Law is clear in holding only states or state-like entities responsible for human rights abuses, yet activists and philosophers alike do not see any rational basis for this restriction in responsibility. Multi-national corporations, individuals and a whole array of other 'non‐state actors' are capable of harming vital human interests just as much as states, so why single-out the latter as human rights-responsible agents? In this paper I distinguish two ways of (...) looking at human rights responsibility. One is simply in terms of the outcomes that are deemed desirable to avoid (or secure), and the other is in terms of the relationships one sees these moral standards as governing. I argue that the peculiar form of responsibility and responsiveness (the way of 'holding to account')inherent to human rights principles is directed at establishing a particular type of relationship: one in which individuals are empowered in the face of a very special form of communal power. Other kinds of relationship and potential transgression are more appropriately governed by different kinds of moral principles, such as those relating to criminality. The outcomes view fails to incorporate this insight and for that reason fails to see the distinct role played by human rights standards in our moral reasoning: they are precisely valuable because they provide a way to judge the relationship of individuals to the peculiar kind of power exercised by the state. Part of this project is a re-assessment of the methodology employed by philosophers in establishing moral principles and concepts, such as those relating to human rights standards. (shrink)

The new millennium has witnessed a growing concern over the impact of multinational enterprises (MNEs) on human rights. Hence, this article explores (1) how wide-spread corporate policies on human rights are amongst large corporations, specifically the FTSE 100 constituent firms, (2) whether any sectors are particularly active in designing human rights policies and (3) where corporations have adopted such policies what their content is. In terms of adoption rates of human rights policies, (...) evidence of exemplary approaches in individual companies contrasts with a less satisfactory engagement pattern across the sample, as 42.8% of firms do not seem to address human rights at all. With regard to the content of corporate human rights policies, the study found shallow commitments to dominate, where companies focus on a narrow range of negative rights, i.e. on respecting human rights, rather than positive ones, i.e. initiatives to protect or fulfil human rights. (shrink)

In this paper an attempt is made to draw out an outline of present social evils generated from Caste-Discrimination and this system is the misinterpreted conception of Varynavyavastha where the four varnas are divided on the basis of division of labour and since history it converted to caste system. With these Human Rights issues are directly related and human rights are an important concept in civilized and democratic society. But from the part of Government and (...) judiciary the above said both are separated and cannot be treated equally and it can be see in the latest examples of inhuman acts with Dalits in Haryana. First this paper also highlights the schemes and policies of the government to eliminate this system and their failure in part of unavailability to socially deprived persons. These policies are only in the paper form and cannot become part of practical concerns. Secondly these problems related to caste- discrimination can be solved only by social awareness and social interaction among different communities but not only by policies and schemes. Since independence there is not a single case of social awareness programme conducted by political parties and government and this become the root cause of social inequality till now. The present examples of violation and injustice with poor and deprived persons show the failure of our judiciary system and so-called democratic & secular society. With this background some recommendations will be discussed in the last of the paper so that a humane society can be modeled according to our constitutional commitment of social equality, freedom and brotherhood. (shrink)

When Did I Begin? investigates the theoretical, moral, and biological issues surrounding the debate over the beginning of human life. With the continuing controversy over the use of in vitro fertilization techniques and experimentation with human embryos, these issues have been forced into the arena of public debate. Following a detailed analysis of the history of the question, Reverend Ford argues that a human individual could not begin before definitive individuation occurs with the appearance of the (...) primitive streak about two weeks after fertilization. This, he argues, is when it becomes finally known whether one or more human individuals are to form from a single egg. Thus, he questions the idea that the fertilized egg itself could be regarded as the beginning of the development of the human individual. The author also differs sharply, however, from those who would delay the beginning of the human person until the brain is formed, or until birth or the onset of conscious states. (shrink)

Rather than to focus upon a particular ‘right to life’, we should consider what rights there are pertaining to our lives and to our living. There are different sorts. There are, for instance, rights that constitute absences of particular duties and rights that correspond to the duties of other agents or agencies. There are also natural and non-natural rights and duties. Different people in different contexts can have different moral duties and different moral rights including (...) rights to life. The question of the moral rights there are to and pertaining to life is considered with reference to James Griffin’s account of human rights. Also considered is the question of who or what can be a bearer of them. (shrink)

To counter possibilities for human rights as cultural imperialism, (1) I develop a notion of human rights as culturally particular and valid only locally. But they are an increasingly generalizable particularism. (2) Because the incommensurability of different cultures does not entail an uncritical tolerance of just about anything, but rather allows for an objectivating stance toward other communities or cultures, locally valid human rights have a critical capacity. (3) Locally valid human rights (...) promote a community's self-representation and thus allow for diversity, rejecting the coercive (mis)representation of a community or culture as incapable of representing itself. (shrink)

The World Bank is no stranger to criticism of its projects, especially in respect of its privatization and private sector development projects. Critics point to the environmental, social and cultural damage that certain projects have caused, which for some appears not just to be a product of the individual projects themselves, but symptomatic of a broader policy failure within the Bank to engage with the social consequences of its actions. In fact, and somewhat surprisingly, both the Bank's critics and its (...) defenders seldom employ human rights language in their reasoning and rhetoric, and where they do, it is only fleetingly and often lacking in any real substance. This is surprising because of so much of what the Bank does can be, and is, supportive of the objects of international human rights standards, especially in respect of economic, social and cultural rights. It is a central theme of this Discussion Paper that for the Bank to embrace this fact alone would be a very significant step towards it being better able not only to respond to its critics, but also, crucially, to deliver upon its own objectives as most recently expressed in the Millennium Development Goals. This Discussion Paper was commissioned by the World Bank. The brief was to provide an account of the major criticisms directed at the World Bank's private sector-oriented projects, and to determine what, if any, consequences for the protection of human rights are revealed by those criticisms. The approach adopted in this paper is first to identify key criticisms through empirical research and then to subject them to human rights analysis. This provides the basis for a clear account of the legal and programmatic implications for the Bank, today and in the future, of those human rights obligations and duties raised, directly or indirectly, by the critics of the Bank. (shrink)

On the sixtieth anniversary of the Universal Declaration of Human Rights, Laing contends that the practice of eugenics has not disappeared. Conceptually related to the utilitarian and Social Darwinist worldview and historically evolving out of the practice of slavery, it led to some of the most spectacular human rights abuses in human history. The compulsory sterilization of and experimentation on those deemed “undesirable” and “unfit” in many technologically developed states like the US, Scandinavia, and (...) Japan, led inexorably and most systematically to Nazi Germany with the elimination of countless millions of people for their race, class, political views, sexuality, religion or disability. She argues that the new eugenics collapses into the old variety because of its fixation on producing “the better” or even more implausibly, “the best”. It was this very idea that drove much of the injustice of the twentieth century. Ethically questionable strategies were at the time viewed as progressive and socially evolutionary. The new eugenics, she thinks, fares no better and spells disaster for people regarded as deficient in some way. She rejects the idea that autonomous efforts to choose “better” or the “best” children are less problematic for being freely chosen. The fact that one freely chooses to give one’s children away into slavery or medical experimentation or to end one’s life, is no bar to the action’s being part of a eugenic agenda and independently at odds with intergenerational justice and the common good. She points out that misinformation, propaganda and behaviour modification techniques, subliminal or otherwise, are celebrated ways of getting people to act in a way that destroys their own interests. Laing regards eugenics as an ongoing threat to the defenceless in particular, but the ‘deficient’ classes more generally. (shrink)

Erudite and timely, this book is a key contribution to the renewal of radical theory and politics.

Abstract: The criticism that voluntary codes of conduct are ineffective can be met by giving greater centrality to human rights in such codes. Provided the human rights obligations of multinational corporations are interpreted as moral obligations specifically tailored to the situation of multinational corporations, this could serve to bring powerful moral force to bear on MNCs and could provide a legitimating basis for NGO monitoring and persuasion. Approached in this way the human rights obligations (...) of MNCs can be taken to include support for political as well as economic rights. This will go some way towards filling the regulatory gap created by the difficulty of controlling the activities of corporations operating globally. However, such a proposal will require a measure of ‘meta-regulation’ whereby the operations of MNCs are legally required to be sufficiently transparent to create the conditions for effective external moral scrutiny. (shrink)

Recent developments in empirical fields such as developmental psychology and neuroscience have led to a re-evaluation of empathy as a natural human faculty and the fundament of altruism and morality. This essay examines the inherent relations between empathy and human rights conceived of as moral norms. Taking into account the importance of empathy gives us a better understanding and thus reconstruction of the (evolution of) human rights protection, particularly their motivational basis. This may remedy some (...) descriptive shortcomings of traditional human rights theories regarding the relevance of emotion, altruism and human nature. However, human rights are highly complex phenomena with an important normative dimension and as such they neither can nor should be reduced to mere feelings like compassion or empathy. (shrink)

Multinational companies (MNCs) can have positive and negative impacts on the human rights situation of a country. More and more MNCs have made a commitment to respect human rights. So far, little research has been done on how MNCs can embed their commitment and which factors determine its success. This paper therefore aims to describe and learn from the process of embedding human rights in six subsidiaries of the multinational oil company Royal Dutch Shell (...) (in short, Shell), operating in different parts of the world. It develops an approach based on the model of Tatiana Kostova. Using a specific tool called the Human Rights Compliance Assessment, the paper concludes that, despite differences in local context, the process requirements of embedding global standardscan be the same. (shrink)

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 (...) rights through the mediating role of the concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those "dignities" that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, "human dignity" still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights (...) are among the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)