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

1000+ found
Sort by:
  1. Committe for Human Rights & American Anthropological Association (2009). Declaration on Anthropology and Human Rights (1999). In Mark Goodale (ed.), Human Rights: An Anthropological Reader. Wiley-Blackwell.score: 210.0
     
    My bibliography  
     
    Export citation  
  2. Pablo Gilabert (forthcoming). Reflections on Human Rights and Power. In Adam Etinson (ed.), Human Rights: Moral or Political? Oxford University Press.score: 27.0
    Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  3. Pablo Gilabert (forthcoming). Human Rights, Human Dignity, and Power. In Rowan Cruft, Matthew Liao & Massimo Renzo (eds.), The Philosophical Foundations of Human Rights. Oxford University Press.score: 27.0
    This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to (a) a normative status of persons that makes their treatment in terms of human rights a proper response, and (b) a social condition of persons in which their human rights are fulfilled. This paper pursues (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  4. Pablo Gilabert (2013). The Capability Approach and the Debate Between Humanist and Political Perspectives on Human Rights. A Critical Survey. Human Rights Review 14 (4):299-325.score: 27.0
    This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  5. Irene Istiningsih Hadiprayitno (2010). Defensive Enforcement: Human Rights in Indonesia. [REVIEW] Human Rights Review 11 (3):373-399.score: 27.0
    The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies of human rights enforcement. The study has the effect of highlighting some of the immense deficits in ensuring that violations are treated under judicial procedure and the protection of human rights is available and accessible (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  6. Justin Tiwald (2011). Confucianism and Human Rights. In Thomas Cushman (ed.), Routledge Handbook of Human Rights. Routledge. 244.score: 27.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  7. David Miller (2013). Border Regimes and Human Rights. Law and Ethics of Human Rights 7 (1):1-23.score: 27.0
    This article argues that there is no human right to cross borders without impediment. Receiving states, however, must recognize the procedural rights of those unable to protect their human rights in the place where they currently reside. Asylum claims must be properly investigated, and in the event that the state declines to admit them as refugees, it must ensure that the third country to which they are transferred can protect their rights. Both procedural and substantive rights (...)
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  8. Mark F. N. Franke (2013). A Critique of the Universalisability of Critical Human Rights Theory: The Displacement of Immanuel Kant. [REVIEW] Human Rights Review 14 (4):367-385.score: 27.0
    While the critically oriented writings of Immanuel Kant remain the key theoretical grounds from which universalists challenge reduction of international rights law and protection to the practical particularities of sovereign states, Kant’s theory can be read as also a crucial argument for a human rights regime ordered around sovereign states and citizens. Consequently, universalists may be tempted to push Kant’s thinking to greater critical examination of ‘the human’ and its properties. However, such a move to more theoretical rigour (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  9. Theresa W. Tobin (2009). Using Rights to Counter “Gender-Specific” Wrongs. Human Rights Review 10 (4):521-530.score: 27.0
    One popular strategy of opposition to practices of female genital cutting (FCG) is rooted in the global feminist movement. Arguing that women’s rights are human rights, global feminists contend that practices of FGC are a culturally specific manifestation of gender-based oppression that violates a number of rights. Many African feminists resist a women’s rights approach. They argue that by focusing on gender as the primary axis of oppression affecting the African communities where FGC occurs, a women’s (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  10. Mitch Avila (2011). Human Rights and Toleration in Rawls. Human Rights Review 12 (1):1-14.score: 27.0
    In a Society of Peoples as Rawls conceives it, human rights function as “criteria for toleration.” This paper defends the conception of human rights that appears in Rawls’ The Law of Peoples as normatively and theoretically adequate. I claim that human rights function as criteria for determining whether or not a given society or legal system can be tolerated. As such, “human rights” are not themselves basic facts or judgments or ascriptions, but rather the means by (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  11. S. Matthew Liao (forthcoming). Human Rights as Fundamental Conditions for a Good Life. In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), The Philosophical Foundations of Human Rights. Oxford University Press.score: 27.0
    What grounds human rights? How do we determine that something is a genuine human right? In this paper, I offer a new answer: human beings have human rights to what I call the fundamental conditions for pursuing a good life. These are certain goods, capacities and options that human beings qua human beings need whatever else they (qua individuals) might need in order to pursue a characteristically good human life. I call this the Fundamental Conditions Approach. Among other (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  12. Brooke Ackerly (2011). Human Rights Enjoyment in Theory and Activism. Human Rights Review 12 (2):221-239.score: 27.0
    Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity), human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,” the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning of “human (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  13. Lantz Fleming Miller (2013). Rights of Self-Delimiting Peoples: Protecting Those Who Want No Part of Us. [REVIEW] Human Rights Review 14 (1):31-51.score: 27.0
    While in recent years new charters and government actions have boosted the collective and individual rights enjoyed by “Fourth-World” indigenous peoples such as the Inuit, another set of indigenous peoples has not experienced such protection: “self-delimiting” peoples. Their rights go largely unprotected because of deliberate ambiguities in the word “indigenous”; because these peoples generally avoid all contact with the larger society, and so are unknown by it and have no voice in it; and because charters and institutions generally (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  14. Caroline Walsh (2010). Compliance and Non-Compliance with International Human Rights Standards: Overplaying the Cultural. [REVIEW] Human Rights Review 11 (1):45-64.score: 27.0
    This paper interrogates a ‘positive’ view of culture’s (potential) role in widening compliance with international human rights standards, which (1) concentrates on the ‘cultural’ bases of conflict over rights and, in consequence, (2) focuses primarily on cultural interpretation as a means of achieving greater respect for rights norms. The thrust of the paper is that the relationship between culture and human rights norms is much more complex than this positive perspective implies and, this being so, that (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  15. Deryck Beyleveld (2012). The Principle of Generic Consistency as the Supreme Principle of Human Rights. Human Rights Review 13 (1):1-18.score: 27.0
    Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  16. Tameshnie Deane (2010). Cross-Border Trafficking in Nepal and India—Violating Women's Rights. Human Rights Review 11 (4):491-513.score: 27.0
    Human trafficking is both a human rights violation and the fastest growing criminal industry in the world. This article examines cross-border trafficking of girls and women in Nepal to India. It gives a brief explanation of what is meant by trafficking and then looks at the reasons behind trafficking. In Nepal, women and children are trafficked internally and to India and the Middle East for commercial sexual exploitation or forced marriage, as well as to India and within the country (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  17. Courtney Hillebrecht (2012). Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights. Human Rights Review 13 (3):279-301.score: 27.0
    The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR’s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court’s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR’s judgments. Using case studies from the UK and Russia, this article identifies (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  18. Lantz Fleming Miller (2013). Is Species Integrity a Human Right? A Rights Issue Emerging From Individual Liberties with New Technologies. Human Rights Review:1-23.score: 27.0
    Currently, some philosophers and technicians propose to change the fundamental constitution of Homo sapiens, as by significantly altering the genome, implanting microchips in the brain, and pursuing related techniques. Among these proposals are aspirations to guide humanity’s evolution into new species. Some philosophers have countered that such species alteration is unethical and have proposed international policies to protect species integrity; yet, it remains unclear on what basis such right to species integrity would rest. An answer may come from an unexpected (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  19. Elena Pariotti (2009). International Soft Law, Human Rights and Non-State Actors: Towards the Accountability of Transnational Corporations? [REVIEW] Human Rights Review 10 (2):139-155.score: 27.0
    During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  20. John Dietrich & Caitlyn Witkowski (2012). Obama's Human Rights Policy: Déjà Vu with a Twist. Human Rights Review 13 (1):39-64.score: 27.0
    In US history, much human rights policy developed in four waves during the twentieth century. These waves were triggered by similar circumstances, but all proved short-lived as structural constraints such as limited US power over other countries’ domestic actions, competing US policy priorities, a US hesitance to join multilateral institutions, and the continued domestic political weakness of human rights advocates led to setbacks. As Barack Obama took office, his campaign comments and the past patterns led to widespread expectations (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  21. Joseph Hoover & Marta Iñiguez De Heredia (2011). Philosophers, Activists, and Radicals: A Story of Human Rights and Other Scandals. [REVIEW] Human Rights Review 12 (2):191-220.score: 27.0
    Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is an attempt to understand (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  22. Anthony Luyirika Kafumbe (2010). Women's Rights to Property in Marriage, Divorce, and Widowhood in Uganda: The Problematic Aspects. [REVIEW] Human Rights Review 11 (2):199-221.score: 27.0
    This article examines women’s rights to property in marriage, upon divorce, and upon the death of a spouse in Uganda, highlighting the problematic aspects in both the state-made (statutory) and non-state-made (customary and religious) laws. It argues that, with the exception of the 1995 Constitution, the subordinate laws that regulate the distribution, management, and ownership of property during marriage, upon divorce, and death of a spouse are discriminatory of women. It is shown that even where the relevant statutory laws (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  23. Federico Merke & Gino Pauselli (2013). Foreign Policy and Human Rights Advocacy: An Exercise in Measurement and Explanation. [REVIEW] Human Rights Review 14 (2):131-155.score: 27.0
    This article addresses three questions: How can we define and measure what constitutes a foreign policy in human rights? How is it possible to explain both the activism of a state and its ideological orientation in the international promotion of human rights? What is the empirical evidence found when we try to answer these questions in intermediate states? Research done on four cases (Argentina, Australia, Brazil and South Africa) suggests a correlation between domestic efforts in the promotion of (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  24. Elise Muir (2013). Fundamental Rights: An Unsettling EU Competence. Human Rights Review:1-13.score: 27.0
    For many years, fundamental rights were primarily protected in the European Union (EU) legal order in a negative way; EU institutions and Member States should not infringe fundamental rights when acting within the scope of EU law. However, since the Treaties of Amsterdam and Lisbon, the EU has gained greater competences to develop fundamental rights standards, and new mechanisms for the protection of these standards have emerged. Although these new instruments enhance the mandate of the EU regarding (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  25. Nicolas Rost (2011). Human Rights Violations, Weak States, and Civil War. Human Rights Review 12 (4):417-440.score: 27.0
    This study examines the role of human rights violations as a harbinger of civil wars to come, as well as the links between repression, state weakness, and conflict. Human rights violations are both part of the escalating process that may end in civil war and can contribute to an escalation of conflict to civil war, particularly in weak states. The role of government repression and state weakness in leading to civil war is tested empirically. The results show that (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  26. Desh Raj Sirswal (2012). Casteism, Social Security and Violation of Human Rights. In Manoj Kumar (ed.), Human Rights for All.score: 27.0
    The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  27. Kurt Beurmann (2008). Human Rights in Kosovo. Human Rights Review 9 (1):41-54.score: 27.0
    The emotions surrounding the question of Kosovo’s future owe their intensity to the long history of human rights abuses in the province. The years 1945–1966 and 1987–1999, in particular, saw harsh repression of local Albanians and a systematic favoring of local Serbs. Since June 1999, the province has been under international supervision, and, in this period, Serbs complain that they have been the victims of repeated acts of violence at the hands of Albanians. This article provides an overview of (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  28. Daniel P. L. Chong (2009). Five Challenges to Legalizing Economic and Social Rights. Human Rights Review 10 (2):183-204.score: 27.0
    In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  29. Maartje de Visser (2013). National Constitutional Courts, the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape. Human Rights Review 15 (1):1-13.score: 27.0
    This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union (CJEU) and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several reasons (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  30. Susan Dicklitch & Aditi Malik (2010). Justice, Human Rights, and Reconciliation in Postconflict Cambodia. Human Rights Review 11 (4):515-530.score: 27.0
    Retribution? Restitution? Reconciliation? “Justice” comes in many forms as witnessed by the spike in war crimes tribunals, Truth & Reconciliation Commissions, hybrid tribunals and genocide trials. Which, if any form is appropriate should be influenced by the culture of the people affected. It took Cambodia over three decades to finally address the ghosts of its Khmer Rouge past with the creation of a hybrid Khmer Rouge Tribunal. But how meaningful is justice to the majority of survivors of the Khmer Rouge (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  31. Amitai Etzioni (2011). Obama's Implicit Human Rights Doctrine. Human Rights Review 12 (1):93-107.score: 27.0
    During his first year in office, President Barack Obama has outlined a human rights doctrine. The essence of Obama’s position is that the foreign policy of the USA is dedicated to the promotion of the most basic human right—the right to life—above and beyond all others and that the USA will systematically refrain from actively promoting other rights, even if this merely entails sanctions or raising a moral voice. This article details and examines Obama’s position and assesses its (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  32. James C. Franklin (2013). Human Rights Contention in Latin America: A Comparative Study. [REVIEW] Human Rights Review:1-20.score: 27.0
    This paper reports original data on contentious challenges, especially protests, focused on human rights in seven Latin American countries from 1981 to 1995. An analysis reveals that human rights contentious challenges are most prevalent where human rights abuses are worse and authoritarianism is present and in countries that are more urbanized. However, the incidence of such human rights contentious challenges is not related to the number of human rights organizations (HROs) in the country. Results also (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  33. Jemima García-Godos (2013). Victims' Rights and Distributive Justice: In Search of Actors. Human Rights Review 14 (3):241-255.score: 27.0
    The aim of this article is to discuss the role that victim groups and organizations may have in framing and supporting an accountability agenda, as well as their potential for endorsing a distributive justice agenda. The article explores two empirical cases where victims' rights have been introduced and applied by victim organizations to promote accountability—Colombia and Peru. It will be argued that if transitional justice in general and victim reparations in particular are to embark in a quest for distributive (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  34. Veronika Haász (2013). The Role of National Human Rights Institutions in the Implementation of the UN Guiding Principles. Human Rights Review 14 (3):165-187.score: 27.0
    National human rights institutions (NHRIs) are key domestic mechanisms for promotion and protection of human rights. The institutions' broad mandate, competencies, and special status between state and nonstate actors on the one hand, and special status between the national and international levels on the other hand enable them to engage effectively in the field of business and human rights. Since 2009, NHRIs have been engaging with the international human rights system in order to increase understanding and (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  35. Barbara Ann Hocking & Scott Guy (2010). Constitutional and Human Rights Disturbances: Australia's Privative Clauses Created Both in an Immigration Context. [REVIEW] Human Rights Review 11 (3):401-431.score: 27.0
    With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  36. Miodrag A. Jovanović (2010). Are There Universal Collective Rights? Human Rights Review 11 (1):17-44.score: 27.0
    The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  37. Ivar Kolstad (2009). Human Rights and Assigned Duties: Implications for Corporations. [REVIEW] Human Rights Review 10 (4):569-582.score: 27.0
    Human rights imply duties. The question is, duties for whom? Without a well-defined scheme for assigning duties correlative to human rights, these rights remain illusory. This paper develops core elements of a general scheme of duty assignment and studies the implications for corporations. A key distinction in such an assignment is between unconditional and conditional duties. Unconditional duties apply to every agent regardless of the conduct of others. Conditional duties reflect a division of moral labour where different (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  38. Laura K. Landolt (2013). Externalizing Human Rights: From Commission to Council, the Universal Periodic Review and Egypt. [REVIEW] Human Rights Review 14 (2):107-129.score: 27.0
    Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper offers an institutional account of (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  39. Cécile Leconte (2013). The EU Fundamental Rights Policy as a Source of Euroscepticism. Human Rights Review:1-14.score: 27.0
    This article analyzes how the development of the European Union (EU) fundamental rights policy feeds Euroscepticism—and notably political Euroscepticism—within segments of national political elites in EU Member States. More specifically, it argues that this relatively new policy also gives rise to a new form of political Euroscepticism, which has been defined as “value-based Euroscepticism,” e.g., the perception that the EU via its fundamental rights policy, unduly interferes in matters where value systems and core domestic preferences on ethical issues (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  40. Claudia Messina & Liliana Jacott (2013). An Exploratory Study of Human Rights Knowledge: A Sample of Kindergarten and Elementary School Pre-Service Teachers in Spain. [REVIEW] Human Rights Review 14 (3):213-230.score: 27.0
    This study aims to explore the level of information and knowledge 150 Spanish kindergarten and elementary school teachers in pre-service training have about human rights. We compared two groups of students: students with no specific training and students with specific training (the students with specific training study with the new training teaching programme that includes a compulsory subject related to citizenship education). The contents are organized around three thematic areas. Human rights are included in the first area ‘Basic (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  41. William H. Meyer (2012). Indigenous Rights, Global Governance, and State Sovereignty. Human Rights Review 13 (3):327-347.score: 27.0
    This article discusses indigenous rights within the context of global governance. I begin by defining the terms “global governance” and “indigenous peoples” and summarizing the rights that are most important to indigenous peoples. The bulk of this article studies the global governance of indigenous rights in three areas. The first example is the creation of the 2007 UN Declaration on the Rights of Indigenous Peoples. A second example involves violations of indigenous rights brought before the (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  42. Susan Randolph, Michelle Prairie & John Stewart (2012). Monitoring State Fulfillment of Economic and Social Rights Obligations in the United States. Human Rights Review 13 (2):139-165.score: 27.0
    This article adapts the economic and social rights fulfillment index (SERF Index) developed by Fukuda-Parr, Lawson-Remer, and Randolph to assess the extent to which each of the 50 US states fulfills the economic and social rights obligations set forth in the International Covenant on Economic, Social and Cultural Rights. It then extends the index to incorporate discrimination and examines differences in economic and social rights fulfillment by race and sex within each of the states. The overall (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  43. Robin Redhead & Nick Turnbull (2011). Towards a Study of Human Rights Practitioners. Human Rights Review 12 (2):173-189.score: 27.0
    The expansion of human rights provisions has produced an increasing number of human rights practitioners and delineated human rights as a field of its own. Questions of who is practicing human rights and how they practice it have become important. This paper considers the question of human rights practice and the agency of practitioners, arguing that practice should not be conceived as the application of philosophy, but instead approached from a sociological point of view. Whatever (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  44. Freek van der Vet (2012). Seeking Life, Finding Justice: Russian NGO Litigation and Chechen Disappearances Before the European Court of Human Rights. Human Rights Review 13 (3):303-325.score: 27.0
    This article presents findings from an interview study of human rights practitioners who assist relatives of the disappeared from Chechnya with their complaints before the European Court of Human Rights (ECtHR). These practitioners work for nongovernmental organizations (NGOs). The study contributes to the scant literature on NGO litigation before the ECtHR and to the social scientific literature on how human rights are actively practiced. It investigates the NGOs’ intermediary position between the ECtHR and the relatives of the (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  45. Jodi Finkel (2012). Explaining the Failure of Mexico's National Commission of Human Rights (Ombudsman's Office) After Democratization: Elections, Incentives, and Unaccountability in the Mexican Senate. [REVIEW] Human Rights Review 13 (4):473-495.score: 27.0
    Mexico’s ombudsman’s office (the Comision Nacional de Derechos Humanos (CNDH)), established in 1990 by a nondemocratic government, posed no threat to the then ruling party. Counter to expectations, even after Mexico democratized in 2000, the CNDH remained unwilling to challenge officials for human rights violations. I argue that this is because the ombudsman (the head of the CNDH) is chosen by Mexican Senators who are not accountable—due to secret voting and a prohibition on reelection—to the Mexican public. While civil (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  46. Volker Heins, Aditya Badami & Andrei S. Markovits (2010). The West Divided? A Snapshot of Human Rights and Transatlantic Relations at the United Nations. Human Rights Review 11 (1):1-16.score: 27.0
    Based mostly on extensive interviews with diplomats and human rights activists, this article questions the claim advanced by the German philosopher Jürgen Habermas that current transatlantic relations can be described in terms of a “Divided West.” We examine the scope and depth of shared understandings between key actors in the United States, Germany, and Canada with regard to the definition, monitoring, and implementation of international human rights and to the reform of human rights-related mechanisms within the broader (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  47. Navish Jheelan (2011). Judicial Use of Foreign Law in Human Rights Cases: Illegitimate and Unacceptable Practice? [REVIEW] Human Rights Review 12 (1):15-25.score: 27.0
    The use of foreign law by national courts when deciding cases that concern fundamental rights has provoked a debate on the legitimacy of the judiciary to resort to this practice. Indeed, many arguments have been made by legal scholars to support the proposition that judges should not take account of unincorporated international human rights instruments or the decisions of foreign courts when they decide cases that concern fundamental rights. This article puts these arguments to scrutiny, and discusses (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  48. Jordan Kiper (2011). Henry Shue on Basic Rights: A Defense. [REVIEW] Human Rights Review 12 (4):505-514.score: 27.0
    In light of the many recent criticisms of Henry Shue's philosophy, this article provides a defense of Shue's philosophical argument for basic rights. The author demonstrates that the latest criticisms made by Thomas Pogge, Michael Payne, and Andrew Cohen misconstrue Shue's position, and therefore fail to overturn the soundness of Shue's argument. Against those who contend that basic rights demand too much, both logically and morally, the author argues that basic rights serve as the minimal threshold for (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  49. Thaddeus Metz (2014). African Values and Human Rights as Two Sides of the Same Coin: Reply to Oyowe. African Human Rights Law Journal 14 (2).score: 27.0
    In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil (...)
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  50. Caroline L. Payne (2009). Bringing Home the Bacon or Not? Globalization and Government Respect for Economic and Social Rights. Human Rights Review 10 (3):413-429.score: 27.0
    The impact of globalization on human rights has generated substantial debate. On the one hand, those making liberal, free-market arguments assert that globalization has a positive impact on developing countries through the increased generation of wealth (e.g., Garrett 1998; Richards et al. in International Studies Quarterly 45:219–239, 2001; Rodrik in Challenge 41:81–94, 1997). On the other hand, the critical perspective claims that globalization negatively impacts respect for human rights because trading arrangements, while open, are detrimentally uneven (e.g., Carleton (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
1 — 50 / 1000