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  1. Access to Health Care by Migrants with Precarious Status During a Health Crisis: Some Insights From Portugal.Vera Lúcia Raposo & Teresa Violante - forthcoming - Human Rights Review.
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  2. Reconsidering a Human Right to Democracy.Christian Barry - 2020 - Journal of Global Ethics 16 (3):305-315.
    In this brief article, I will raise some challenges to each of Pablo Gilabert’s arguments for a human right to democracy (HRD). First, I will question whether the instrumental case for affirming a HRD is as strong as Gilabert and others have suggested. I will then call into question the argument from moral risk, arguing that, for any particular country, we should not operate with a strong presumption that they should pursue further democratization as a high-priority goal. Finally, I will (...)
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  3. The Challenge of Migration. Is Liberalism the Problem?Karsten Schubert - 2021 - Archiv Für Rechts- Und Sozialphilosophie Beihefte (ARSP-B) 167:173-192.
    The challenge of developing humane migration and refugee politics in Western states is far from resolved. This ongoing failure is typically attributed to the increased influence of right-wing populism and neo-fascism in Western migration politics. In this article I discuss a more radical explanation: Christoph Menke argues that political liberalism and its framing of migration as an issue of subjective human rights is the deeper root of the problem. While the merit of Menke’s approach is its criticism of subjectification through (...)
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  4. Kohärentes Alter(n) – Von der Suche nach dem guten Leben zur Sinnfindung im Alter.Lisa Häberlein - 2021 - In Andreas Frewer, Sabine Klotz, Christoph Herrler & Heiner Bielefeldt (eds.), Senioren zwischen Selbst- und Fremdbestimmung. Menschenrechte und Ethik in der Medizin für Ältere, Band 3. Würzburg, Deutschland: Königshausen & Neumann. pp. 145-173.
    Beiträge von Heiner Bielefeldt, Andreas Frewer, Caroline Emmer De Albuquerque Green, Lisa Häberlein, Christoph Herrler, Sabine Klotz, Elisabeth Langmann, Nathalie Meyer, Harald Mosler, Michael Sellmeyer und Franziska Sonnauer sowie der Ausschreibung des Förderpreises »Menschenrechte und Ethik in der Medizin für Ältere« 2021.
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  5. A Review of Martha Nussbaum’s The Cosmopolitan Tradition: A Noble but Flawed Ideal. [REVIEW]Matt McManus - forthcoming - Human Rights Review:1-3.
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  6. Sustainable Development Goals and Human Rights Edited by Markus Kaltenborn, Markus Krajewski, and Heike Kuhn.Victoria M. Breting-Garcia - forthcoming - Human Rights Review:1-3.
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  7. When Rights Enter the CSR Field: British Firms’ Engagement with Human Rights and the UN Guiding Principles.Alvise Favotto & Kelly Kollman - forthcoming - Human Rights Review:1-20.
    The adoption of the Guiding Principles for Business and Human Rights by the United Nations in 2011 created a new governance instrument aimed at improving the promotion of human rights by business enterprises. While reaffirming states duties to uphold human rights in law, the UNGPs called on firms to promote the realization of human rights within global markets. The UNGPs thus have sought to embed human rights more firmly within the field of corporate social responsibility and to use CSR practices (...)
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  8. Citizenship in Europe: The Main Stages of Development of the Idea and Institution.Krzysztof Trzcinski - 2021 - Studia Europejskie - Studies in European Affairs 25 (1).
    This paper identifies and synthetically demonstrates the most important steps and changes in the evolution of the idea and institution of citizenship in Europe over more than two thousand years. Citizenship is one of the essential categories defining human status. From a historical perspective, the idea of citizenship in Europe is in a state of constant evolution. Therefore, the essence of the institution of citizenship and its acquisition criteria are continually being transformed. Today’s comprehension of citizenship is different from understanding (...)
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  9. Normative View of Natural Resources—Global Redistribution or Human Rights–Based Approach?Petra Gümplová - forthcoming - Human Rights Review:1-18.
    This paper contrasts conceptions of global distributive justice focused on natural resources with human rights–based approach. To emphasize the advantages of the latter, the paper analyzes three areas: the methodology of normative theorizing about natural resources, the category of natural resources, and the view of the system of sovereignty over natural resources. Concerning the first, I argue that global justice conceptions misconstrue the claims made to natural resources and offer conceptions which are practically unfeasible. Concerning the second, I show that (...)
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  10. The Possibility of a Correctional Ethic.Derek R. Brookes - 2001 - In J. Kleinig and M. L. Smith (ed.), Discretion, Community, and Correctional Ethics. Lanham, MD 20706, USA: pp. 39-68.
    In this article, I argue that the kind of suffering that prisons impose upon prisoners both (a) disregards their uniqueness and (b) fails to meet their basic needs in a manner which violates their dignity and worth as human beings. Hence, it cannot be morally justified. But since the imposition of suffering is an integral element of a prison’s central function, it follows that no ‘institutional ethics’ could, logically, be used to adjudicate between its institutional decisions. Hence, a ‘Correctional Ethics’ (...)
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  11. Intervening on Behalf of the Human Right to Health: Who, When, and How?Kathryn Muyskens - forthcoming - Human Rights Review:1-19.
    A common understanding of the political function of human rights is as a trigger for international intervention, with states typically understood to be duty bound by these rights claims. The unique character of the human right to health raises some complications for these conventional views. In this paper, I will argue that because of the unique character of the human right to health, intervention on its behalf can be justified not only in response to outright violation, but also due to (...)
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  12. Aiding and Abetting: U.S. Foreign Assistance and State Violence by Jessica Trisko Darden.Evan W. Sandlin - 2021 - Human Rights Review 22 (1):129-131.
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  13. Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty.Nadia Bernaz - 2021 - Human Rights Review 22 (1):45-64.
    This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options (...)
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  14. Justifying Limitations on the Freedom of Expression.Gehan Gunatilleke - 2021 - Human Rights Review 22 (1):91-108.
    The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This (...)
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  15. Cosmopolitan Democratic and Communicative Rights: The Danish Cartoons Controversy and the Right to Be Heard, Even Across Borders.Alexander Brown & Sune Lægaard - 2021 - Human Rights Review 22 (1):23-43.
    During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of (...)
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  16. The Future of International Solidarity in Global Refugee Protection.Obiora Chinedu Okafor - 2021 - Human Rights Review 22 (1):1-22.
    The main focus of the paper is to reflect analytically on the likely place/role of international solidarity in global refugee protection context in the coming years. Following a short introduction, the paper begins with brief discussions of certain preliminary questions related to the nature of the concept of international solidarity. These discussions are followed by a consideration of some discrete issues related to the “norm/practice chasm” in the operation of international solidarity in global refugee protection. Thereafter, the future of international (...)
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  17. Putting the French Duty of Vigilance Law in Context: Towards Corporate Accountability for Human Rights Violations in the Global South?Almut Schilling-Vacaflor - 2021 - Human Rights Review 22 (1):109-127.
    The adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the “separation principle” of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that connects processes in home and host (...)
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  18. Hume’s Dynamic Coordination and International Law.Carmen E. Pavel - 2021 - Political Theory 49 (2):215-242.
    At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regulated by the same principles. Drawing on his model of dynamic coordination, I (...)
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  19. Policing, Brutality, and the Demands of Justice.Luke William Hunt - 2021 - Criminal Justice Ethics 40 (1):1-16.
    Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...)
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  20. The morals of the market: Human rights and the rise of neoliberalism.Ben Golder - 2021 - Contemporary Political Theory 20 (1):32-35.
  21. Rights as weapons: Instruments of conflict, tools of power.Nicola Perugini - 2021 - Contemporary Political Theory 20 (1):41-44.
  22. Correction to: Laïcité Unveiled: A Case Study in Human Rights, Religion, and Culture in France.Melanie Adrian - forthcoming - Human Rights Review:1-1.
    A Correction to this paper has been published: https://doi.org/10.1007/s12142-021-00616-2.
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  23. UN Human Rights Shaming and Foreign Aid Allocation.Bimal Adhikari - forthcoming - Human Rights Review:1-22.
    Does public condemnation or shaming of human rights abuses by the United Nations influence foreign aid delivery calculus across Western donor states? I argue that countries shamed in the United Nations Human Rights Council encourage donor states to channel more aid via international and local non-governmental organizations. Furthermore, I find this effect to be more pronounced with increased media coverage. The findings of this paper suggest that international organizations do influence advanced democracies’ foreign policy. Moreover, the paper also finds that (...)
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  24. The Global Compact for Migration (GCM), International Solidarity and Civil Society Participation: a Stakeholder’s Perspective.Carolina Gottardo & Nishadh Rego - forthcoming - Human Rights Review:1-32.
    A distinguishing feature of the Global Compact for Safe, Orderly and Regular Migration is its “whole-of-society” approach, which includes states, but also engages a “broad multi-stakeholder” partnership to address global migration “in all its dimensions”. As one of the stakeholders that participated in the shaping and implementation of this new global normative instrument, we suggest that a spirit of international solidarity can be located in the cooperative and consensual processes and platforms that make up its architecture. Drawing on the English (...)
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  25. The Struggle for Legitimacy in Business and Human Rights Regulation—a Consideration of the Processes Leading to the UN Guiding Principles and an International Treaty.Brigitte Hamm - forthcoming - Human Rights Review:1-23.
    After the UN Guiding Principles on Business and Human Rights were adopted in 2011, an international treaty has been being negotiated since 2014. The two instruments reveal similarities and also conflicts regarding the adequate organization of the global economy based on human rights. The focus in this article will be on the processes leading to these instruments, because they themselves mirror different understandings of governance in the field of business and human rights as well as the struggle over the power (...)
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  26. Ethical Analysis on the Application of Neurotechnology for Human Augmentation in Physicians and Surgeons.Soaad Hossain & Syed Ishtiaque Ahmed - 2021 - In Kohei Arai, Supriya Kapoor & Rahul Bhatia (eds.), Proceedings of the Future Technologies Conference (FTC) 2020. Switzerland: pp. 78-99.
    With the shortage of physicians and surgeons and increase in demand worldwide due to situations such as the COVID-19 pandemic, there is a growing interest in finding solutions to help address the problem. A solution to this problem would be to use neurotechnology to provide them augmented cognition, senses and action for optimal diagnosis and treatment. Consequently, doing so can negatively impact them and others. We argue that applying neurotechnology for human enhancement in physicians and surgeons can cause injustices, and (...)
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  27. Human Rights and Rights of Nature: Prospects for a Linkage Argument.Daniel P. Corrigan - forthcoming - In Daniel P. Corrigan & Markku Oksanen (eds.), Rights of Nature: A Re-examination.
  28. Relativism and the Search for Human Rights.Alison Dundes Renteln - 1988 - American Anthropologist 90 (1):56-72.
  29. Philosophy of Happiness: A Critical Introduction.Martin Janello - 2020 - PhilosophyofHappiness.Com.
    "Philosophy of Happiness: A Critical Introduction" summarizes (a) what philosophy of happiness is, (b) why it should matter to us, (c) what assistance we can draw from philosophy, empiric science, religion, and self-help sources, and (d) why taking an independent approach is both necessary and feasible. -/- The article is in PDF format, 60 pages. The table of contents links directly to the listed captions. Also available in an html version under the phone variant of the referenced philosophy of happiness (...)
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  30. Quotas: Enabling Conscientious Objection to Coexist with Abortion Access.Daniel Rodger & Bruce P. Blackshaw - 2020 - Health Care Analysis 29 (2):154-169.
    The debate regarding the role of conscientious objection in healthcare has been protracted, with increasing demands for curbs on conscientious objection. There is a growing body of evidence that indicates that in some cases, high rates of conscientious objection can affect access to legal medical services such as abortion—a major concern of critics of conscientious objection. Moreover, few solutions have been put forward that aim to satisfy both this concern and that of defenders of conscientious objection—being expected to participate in (...)
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  31. Legal and Ethical Dimensions of Artificial Reproduction and Related Rights.Deepa Kansra - 2012 - Women's Link 4 (18):7-17.
    Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) concerns (...)
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  32. The Regional Law of Refugee Protection in Africa by Marina Sharpe.Julie Lugulu - 2020 - Human Rights Review 21 (4):463-465.
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  33. Interrogation and Torture. Integrating Efficacy with Law and Morality by Steven J. Barela, Mark Fallon, Gloria Gaggioli and Jens David Ohlin, eds. [REVIEW]Marie Steinbrecher - 2020 - Human Rights Review 21 (4):467-468.
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  34. Towards Improved Compliance with Human Rights Decisions in the African Human Rights System: Enhancing the Role of Civil Society.Anthony Ebruphihor Etuvoata - 2020 - Human Rights Review 21 (4):415-436.
    To ensure the protection and promotion of human rights at the African regional level, the African human rights system was established and has been in existence for over three decades. In realisation of its mandates, three supervisory mechanisms have been established to adjudicate human rights cases and issue decisions accordingly. To enhance compliance with these decisions, human rights non-governmental organisations, civil society organisations and the supervisory bodies themselves often act as sources of pressure by exploring different follow-up mechanisms. However, despite (...)
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  35. Homelessness, Housing First, and the Right to Housing—Confronting Right and Reality.Owen Taylor, Sandrine Loubière & Pascal Auquier - 2020 - Human Rights Review 21 (4):373-389.
    The scale of homelessness in Europe throws a stark light on the right to housing that exists in many European states and in European and International Law. This disparity between legal right and the social reality of homelessness and housing precarity begs the question as to the efficacy of a rights-based approach to housing.This article examines the ‘enforceable’ right to housing in France, in place since 2007, to explore the efficacy of approaching a chronic lack of housing through justiciable rights. (...)
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  36. Unintended Restrictions: Women’s Rights INGOs and Women’s Civil Society Restrictions.Ghashia Kiyani & Amanda Murdie - 2020 - Human Rights Review 21 (4):349-372.
    How does the presence of women’s INGOs relate to restrictions on women’s civil society? Although women’s INGOs may help protect against civil society restrictions in most situations, we contend that the presence of women’s INGOs within a country may lead to increased restrictions on women’s civil society when countries are extremely economically or politically vulnerable. At these times, women’s INGOs are more likely to be seen as an outside instigator, possibly leading to more political or economic change. In an effort (...)
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  37. Beyond Due Diligence: the Human Rights Corporation.Benjamin Gregg - 2021 - Human Rights Review 22 (1):65-89.
    The modern corporation offers significant potential to contribute to the human rights project, in part because it is free from the challenges posed by national sovereignty. That promise has begun to be realized in businesses practicing corporate due diligence with regard to the human rights of persons involved in or affected by those enterprises. Yet due diligence preserves the self-seeking orientation of the conventional corporation and seeks only to protect itself from committing human rights abuses. This approach, typified by the (...)
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  38. Are Humans More Equal Than Other Animals? An Evolutionary Argument Against Exclusively Human Dignity.Rainer Ebert - 2020 - Philosophia 48 (5):1807-1823.
    Secular arguments for equal and exclusively human worth generally tend to follow one of two strategies. One, which has recently gained renewed attention because of a novel argument by S. Matthew Liao, aims to directly ground worth in an intrinsic property that all humans have in common, whereas the other concedes that there is no morally relevant intrinsic difference between all humans and all other animals, and instead appeals to the membership of all humans in a special kind. In this (...)
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  39. Würde.Ralf Stoecker - 2019 - In Johannes Drerup & Gottfried Schweiger (eds.), Handbuch Philosophie der Kindheit. Stuttgart, Deutschland: J.B. Metzler. pp. 191-199.
    Der Begriff der Würde hat in der Philosophie eine lange, bis in die Antike reichende Tradition und ist seit etwa 20 Jahren Gegenstand vielfältiger Debatten in der philosophischen Ethik. Der Bezug zu Kindern spielt dabei allerdings bis heute eine eher marginale Rolle. Dabei gibt es beim näheren Hinsehen zahlreiche Anknüpfungspunkte.
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  40. The Regional Law of Refugee Protection in Africa by Marina Sharpe: Oxford: Oxford University Press, 2018. [REVIEW]Julie Lugulu - 2020 - Human Rights Review 21 (4):463-465.
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  41. Interrogation and Torture. Integrating Efficacy with Law and Morality by Steven J. Barela, Mark Fallon, Gloria Gaggioli and Jens David Ohlin, Eds.: New York: Oxford University Press, 2020. [REVIEW]Marie Steinbrecher - 2020 - Human Rights Review 21 (4):467-468.
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  42. Collapsing the Boundaries Between De Jure and De Facto Slavery: The Foundations of Slavery Beyond the Transatlantic Frame.Katarina Schwarz & Andrea Nicholson - 2020 - Human Rights Review 21 (4):391-414.
    The identification of contemporary forms of slavery is often problematically demarcated by reference to transatlantic enslavement as the definitive archetype. Such an approach overlooks other historic slaveries and neglects the totality of the maangamizi—the African holocaust. This article addresses the problematics of positioning the transatlantic system as the paradigm and unpacks the constituent elements of de jure slavery to construct an understanding of slavery as a condition as well as a status. By identifying the core features of de jure chattel (...)
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  43. Contesting Human Rights: Norms, Institutions and Practice by Alison Brysk and Michael Stohl: Northampton, MA: Edward Elgar Publishing Limited, 2019.Kai-Chung Lo & Johnson Chun-Sing Cheung - 2020 - Human Rights Review 21 (3):345-347.
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  44. A War Criminal’s Remorse: The Case of Landžo and Plavšić.Olivera Simić & Barbora Holá - 2020 - Human Rights Review 21 (3):267-291.
    This paper analyses the role of remorse and apology in international criminal trials by juxtaposing two prominent cases of convicted war criminals Biljana Plavšić and Esad Landžo. Plavšić was the first and only Bosnian Serb political leader to plead guilty before the International Criminal Tribunal for the former Yugoslavia. Her acknowledgement of guilt and purported remorse expressed during her ICTY proceedings was celebrated as a milestone for both the ICTY and the Balkans. However, she later retracted her remorse while serving (...)
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  45. Reconciliation as a Threat or Structural Change? The Truth and Reconciliation Process and Settler Colonial Policy Making in Finland.Rauna Kuokkanen - 2020 - Human Rights Review 21 (3):293-312.
    The Sámi have long desired a public process to examine and expose the Nordic states’ colonial, assimilationist practices and policies, past and present, toward the Sámi people. This article considers the truth and reconciliation process in Finland, assessing it in light of recent legislative and other measures. Employing settler colonial theory, it argues that reconciliation, although seemingly progressive, signifies a continuation of colonialism unless the state terminates its current approach of overlooking Sámi rights. The article concludes with a discussion of (...)
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  46. The Xinjiang Case and Its Implications From a Business Ethics Perspective.Alexander Kriebitz & Raphael Max - 2020 - Human Rights Review 21 (3):243-265.
    The discourse on economic integration with authoritarian regimes has evolved as a key topic throughout the different disciplines of social sciences. Are sanctions and boycotts effective methods to incentivize human rights improvements? To analyze this question, we focus on the situation in China’s Xinjiang province from 2010 to 2019. In this paper, we discuss the relevance of human rights as an ethical norm within business ethics and international law. We evaluate the ongoing processes in Xinjiang from this perspective and scrutinize (...)
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  47. A Review of Jessica Whyte’s The Morals of the Market: Human Rights and the Rise of Neoliberalism. [REVIEW]Matthew McManus - 2020 - Human Rights Review 21 (3):341-343.
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  48. At the Junction: Two Models of Business Responsibility for Modern Slavery.Janne Mende & Julia Drubel - 2020 - Human Rights Review 21 (3):313-335.
    This article develops a conceptual pattern of the reasons and scope of business responsibility for modern slavery. It introduces modern slavery as either relation or structure and designs an understanding of a broad and a narrow model of business responsibility, consisting of business power, internal and external realms of business conduct and public and private roles of companies. Crossing the two models of modern slavery with the two models of business responsibility, the article carves out the strengths and limits of (...)
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  49. Settler Witnessing at the Truth and Reconciliation Commission of Canada.Rosemary Nagy - 2020 - Human Rights Review 21 (3):219-241.
    This article offers an account of settler witnessing of residential school survivor testimony that avoids the politics of recognition and the pitfalls of colonial empathy. It knits together the concepts of bearing witness, Indigenous storytelling, and affective reckoning. Following the work of Kelly Oliver, it argues that witnessing involves a reaching beyond ourselves and responsiveness to the agency and self-determination of the other. Given the cultural genocide of residential schools, responsiveness to the other require openness to and nurturing of Indigenous (...)
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  50. Effectiveness and Legitimacy of International Human Rights Instruments.Salvador Santino F. Regilme - 2020 - Human Rights Review 21 (3):337-340.
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