Rights

Edited by Tom Dougherty (University of North Carolina, Chapel Hill)
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Legal Rights (168)
Rights, Misc (264)
History/traditions: Rights

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  1. How to Read a Riot.Ricky Mouser - forthcoming - Journal of Ethics and Social Philosophy.
    How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or applicability of (...)
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  2. Reframing rights: bioconstitutionalism in the genetic age.Javier Lezaun - 2017 - New Genetics and Society 36 (2):186-188.
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  3. Reframing rights: bioconstitutionalism in the genetic age.Alain Pottage - 2017 - New Genetics and Society 36 (2):188-190.
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  4. Patient data and patient rights: Swiss healthcare stakeholders’ ethical awareness regarding large patient data sets – a qualitative study.Corine Https://Orcidorg Mouton Dorey, Holger Baumann & Nikola Https://Orcidorg Biller-Andorno - 2018 - .
    BACKGROUND: There is a growing interest in aggregating more biomedical and patient data into large health data sets for research and public benefits. However, collecting and processing patient data raises new ethical issues regarding patient's rights, social justice and trust in public institutions. The aim of this empirical study is to gain an in-depth understanding of the awareness of possible ethical risks and corresponding obligations among those who are involved in projects using patient data, i.e. healthcare professionals, regulators and policy (...)
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  5. Regulating Communicative Risk: Online Harms and Subjective Rights.Bernard Keenan - forthcoming - Law and Critique:1-24.
    States are in the process of creating controversial legislation aimed at subjecting ‘harmful’ online communication on social media and search engines to new regulatory regimes. Critics argue that these measures are serious threats to the right to freedom of expression and freedom from surveillance. This article first draws on elements of systems theory to reframe the right to freedom of expression in democracy as a means of protecting the value of generalised second-order observation. Taking the UK’s Online Safety bill as (...)
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  6. Dilemmas of Difference and Nonhuman Animals: Applying Insights from Feminist Philosophy to Animal Rights Law.Ethan Charles Shopmeyer - unknown
    Martha Minow’s concept of dilemmas of difference, widely influential in feminist philosophy of law, exposes how hidden patriarchal norms are reified in legal institutions and harmfully categorize oppressed groups. Though Minow primarily focuses on how such dilemmas impact interpersonal relationships, I argue that her work can be applied to the relationship between nonhuman animals, human beings, and our legal institutions. Just as certain patriarchal norms establish categories that mask the true roots of difference and thus make it more difficult for (...)
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  7. The place of sexuality in society: misplaced grand theorising will sideline disabled people’s sexual rights.Steven J. Firth & Ivars Neiders - 2023 - Theoretical Medicine and Bioethics 44 (4):405-409.
  8. The Voting Rights of Senior Citizens: Should All Votes Count the Same?Andreas Bengtson & Andreas Albertsen - forthcoming - Ethical Theory and Moral Practice.
    In 1970, Stewart advocated disenfranchising everyone reaching retirement age or age 70, whichever was earlier. The question of whether senior citizens should be disenfranchised has recently come to the fore due to votes on issues such as Brexit and climate change. Indeed, there is a growing literature which argues that we should increase the voting power of non-senior citizens relative to senior citizens, for reasons having to do with intergenerational justice. Thus, it seems that there are reasons of justice to (...)
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  9. Psychiatric ethics and the rights of persons with mental disabilities in institutions and the community.Michael L. Perlin - 2008 - Haifa, Israel: UNESCO Chair in Bioethics Office. Edited by Lisa Cosgrove.
  10. Rights, Abstraction, and Correlativity.Julian David Jonker - forthcoming - Legal Theory:1-29.
    I survey several counterexamples (by Raz and MacCormick) to Hohfeld's conjecture that a claim-right is correlative to a directed duty and (by Cornell and Frick) to Bentham's suggestion that a claim-right is correlative to a wronging. We can vindicate these claims of correlativity if we acknowledge that entitlements like claim-rights and directed duties admit of degrees of abstraction: that they may be general rather than specific, unspecified rather than specified, or indefinite rather than definite. I provide an error theory consisting (...)
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  11. Medieval and modern concepts of rights : how do they differ?John Kilcullen - 2010 - In Virpi Mäkinen (ed.), The nature of rights: moral and political aspects of rights in late medieval and early modern philosophy. The Philosophical Society of Finland.
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  12. Promising by Normative Assurance.Luca Passi - 2023 - Philosophical Quarterly 73 (4):1004-1023.
    This paper develops a new theory of the morality of promissory obligations. T. M. Scanlon notoriously argued that promising consists in assuring the promisee that we will do something. I disagree. I argue that it is true that promising consists in assuring the promisee, but what the promisor gives to the promisee is not an assurance that they will do something, but that the normative situation is in a certain way.
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  13. Minding Rights: Mapping Ethical and Legal Foundations of ‘Neurorights’.Sjors Ligthart, Marcello Ienca, Gerben Meynen, Fruzsina Molnar-Gabor, Roberto Andorno, Christoph Bublitz, Paul Catley, Lisa Claydon, Thomas Douglas, Nita Farahany, Joseph J. Fins, Sara Goering, Pim Haselager, Fabrice Jotterand, Andrea Lavazza, Allan McCay, Abel Wajnerman Paz, Stephen Rainey, Jesper Ryberg & Philipp Kellmeyer - 2023 - Cambridge Quarterly of Healthcare Ethics 32 (4):461-481.
    The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines (...)
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  14. Construction of patients’ position in Norway’s Patients’ Rights Act.Elin Margrethe Aasen & Berit Misund Dahl - 2019 - Nursing Ethics 26 (7-8):2278-2287.
    Background:Since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948, human rights as set out in government documents have gradually changed, with more and more power being transferred to individual.Objectives:The aim of this article is to analyze how the position of the patient in need of care is constructed in Norway’s renamed and revised Patients’ and Service Users’ Rights Act (originally Patients’ Rights Act, 1999) and published comments which accompanying this legislation from the Norwegian (...)
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  15. Rights, Property and Politics: Hume to Hegel.Richard Bourke - forthcoming - In The Cambridge History of Rights, Volume IV. Cambridge University Press.
  16. Problems in the Motivational Basis of Rawls' Principles of Justice.Kazi A. S. M. Huda - 2022 - Philosophy and Progress 71 (1-2):45-60.
    The paper explores the logical structure of Rawlsian justice principles in order to see whether their justificatory or explanatory conditions are unproblematic. To facilitate this purpose, drawing on readers of Rawls, the author shows that the Aristotelian principle is used to explain the principles of rational choice, particularly the principle of inclusiveness. Then, on the basis of the Aristotelian principle, Rawls justifies his conclusion, via the principles of rational choice and the theory of primary goods. After figuring out the logical (...)
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  17. Volition and religion : a rights-based appraisal of Islamic arbitration in England.Noah Bialostozky - 2013 - In Marie-Claire Foblets & Nadjma Yassari (eds.), Approches juridiques de la diversité culturelle. Martinus Nijhoff Publishers.
  18. Animal rights.Mark Rowlands - 2013 - London: Hodder & Stoughton.
    In recent years the ways in which humans treat animals has come to hold a central place in contemporary ethics, encapsulating, as it does, our increasingly strained relationship with our environment as well as overlapping with other global issues such as overpopulation and hunger. Animal Rights: All That Matters is a compelling account of some of the often bitterly contentious debates surrounding animal ethics. Starting from the key argument that - ethically speaking - there is far less difference between humans (...)
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  19. From rites to rights of passage : ideals, politics, and the evolution of the American hospice movement.Joy Buck - 2014 - In Timothy W. Kirk & Bruce Jennings (eds.), Hospice Ethics: Policy and Practice in Palliative Care. Oxford University Press.
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  20. Proportionality and rights inflation.Kai Mèoller - 2014 - In Grant Huscroft, Bradley W. Miller & Grégoire C. N. Webber (eds.), Proportionality and the Rule of Law: Rights, Justification, Reasoning. Cambridge University Press.
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  21. On the loss of rights.Grâegoire Webber - 2014 - In Grant Huscroft, Bradley W. Miller & Grégoire C. N. Webber (eds.), Proportionality and the Rule of Law: Rights, Justification, Reasoning. Cambridge University Press.
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  22. Preventing the Slide down the Slippery Slope from Assisted Suicide to Euthanasia While Protecting the Rights of People with Disabilities Who Are “Not Dead Yet.”.George J. Annas & Heidi B. Kummer - 2023 - American Journal of Bioethics 23 (9):20-22.
    Since at least the advent of Jack Kevorkian’s “suicide machine” the major argument against adopting physician-assisted suicide laws has been that they will lead us down a slippery slope to state-sa...
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  23. Against equal respect and concern, equal rights, and egalitarian impartiality.Uwe Steinhoff - 2014 - In Do All Persons Have Equal Moral Worth?: On 'Basic Equality' and Equal Respect and Concern. Oxford University Press.
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  24. An Age of Rights?N. E. Simmonds - 2023 - Canadian Journal of Law and Jurisprudence 36 (2):553-574.
    Rights seem to occupy a prominent place within the moral and political lexicon of modernity. But is this truly an age in which the idea of individual rights has flourished? Or might the frequency with which we speak of rights reflect a failure to appreciate the stringent demands that genuine rights would inevitably place upon us? Does our willingness to frame so many moral issues in terms of rights simply illustrate our failure to take the idea of rights seriously? Does (...)
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  25. Alice Pinheiro Walla, Happiness in Kant’s Practical Philosophy: Morality, Indirect Duties, and Welfare Rights Lanham, MD: Lexington Books, 2022 pp. xiii + 189 ISBN 9781793633545 (hbk) $95.00. [REVIEW]Samuel Kahn - forthcoming - Kantian Review:1-3.
  26. Les revendications de droits pour les robots : constructions et conflits autour d’une éthique de la robotique.Charles Corval - 2023 - Implications Philosophiques.
    Ce travail examine les revendications contemporaines de droits pour les robots. Il présente les principales formes argumentatives qui ont été développées en faveur d’une considération éthique ou de droits positifs pour ces machines. Il met en relation ces argumentations avec un travail de recherche-action afin de produire un retour critique sur l’idée de droit des robots. Il montre enfin le rapport complexe entre les récits de la modernité et la revendication de droits pour les robots. This article presents contemporary vindications (...)
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  27. Review of The Animal Rights/Environmental Ethics Debate: The Environmental Perspective. [REVIEW]Eugene Hargrove - 1993 - Environmental Ethics 15:279-282.
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  28. Probability, normalcy and the right against risk imposition.Martin Smith - forthcoming - Journal of Ethics and Social Philosophy.
    Many philosophers accept that, as well as having a right that others not harm us, we also have a right that others not subject us to a risk of harm. And yet, when we attempt to spell out precisely what this ‘right against risk imposition’ involves, we encounter a series of notorious puzzles. Existing attempts to deal with these puzzles have tended to focus on the nature of rights – but I propose an approach that focusses instead on the nature (...)
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  29. Social rights in the constitution. A liberal defense.Pablo Aguayo Westwood - 2023 - Veritas: Revista de Filosofía y Teología 55:47-65.
    Resumen Tradicionalmente los derechos sociales han sido considerados como derechos positivos que por su naturaleza no deberían formar parte de la constitución. La objeción más común en contra de los derechos sociales constitucionales sostiene que estos son derechos prestacionales y que la constitución está destinada a proteger solo los derechos de no interferencia. En este trabajo muestro que la tesis anterior es disputable y ofrezco argumentos que desde la tradición liberal permiten defender la constitucionalización de los derechos sociales. En términos (...)
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  30. Language Laws and Collective Rights.Nathan Brett - 1991 - Canadian Journal of Law and Jurisprudence 4 (2):347-360.
    This paper focuses on Quebec language legislation which has the effect of prohibiting the use of the use of English on signs. The controversial “Frenchonly” sign law is considered in spelling out an argument for collective rights and assessing some of the obstacles which a collective rights thesis must overcome. No attempt is made in this discussion to resolve the question of the relative weight of the collective and individual rights which come into conflict in this situation. No doubt this (...)
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  31. Hugo’s Moments, Maria’s Everyday Chores? Discords in the Search for Grotian Moments for Women’s Rights in International Law.Immi Tallgren - 2023 - Grotiana 44 (1):116-144.
    This chapter would have liked to invite its readers on an exciting but breath-taking journey through the historical landscapes of international law, since ‘time immemorial’ a male-centred and, until the 1990s, almost exclusively male intellectual tradition and professional practice – at least in the eyes of the currently dominating historiography. Helas, the ambition had to be downscaled into a few rapid zooms, touristic snapshots in an impressionistic mode, on seven contexts in time and space in a hasty timeline from the (...)
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  32. The right to have rights.Alastair Hunt - 2018 - Brooklyn, NY: Verso.
    Five leading thinkers on the concept of 'rights' in an era of rightlessness Sixty years ago, the political theorist Hannah Arendt, deprived of her German citizenship as a Jew and in exile from her country, observed that before people can enjoy any of the 'inalienable' Rights of Man--before there can be any specific rights to education, work, voting, and so on--there must first be such a thing as 'the right to have rights.' The concept received little attention at the time, (...)
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  33. Reporting Crimes and Arresting Criminals: Citizens’ Rights and Responsibilities Under Their Criminal Law.R. A. Duff & S. E. Marshall - forthcoming - Criminal Law and Philosophy:1-21.
    Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...)
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  34. Justifications and Rights-Displacements.Mark Dsouza - forthcoming - Criminal Law and Philosophy:1-17.
    In articles published ten years apart in 2011 and 2021, Gur-Arye argues that when considering an agent’s explanation for doing something that looks, prima facie, like a criminal offence, we should distinguish between a plea of justification, and an assertion that one acted within one’s power. The former explains an agent’s reasons for having committed a pro tanto offence (i.e., actus reus + mens rea). The latter is a denial that the agent committed any pro tanto offence at all. In (...)
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  35. Should animals have political rights?Alasdair Cochrane - 2019 - Medford, MA: Polity.
    All states must make decisions about how to regulate the treatment of animals. In this book, Alasdair Cochrane argues that this must go further. In order to ensure that their interests are taken seriously, it is imperative that we represent them throughout the political process - not only rights to protection, but also to democratic membership.
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  36. The goodness of rights and the juridical domain of the good: essays in Thomistic juridical realism.Petar Popovic - 2021 - Roma: Edusc.
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  37. Groups Have Rights.Perić M. - manuscript
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  38. Rights and their limits: in theory, cases, and pandemics.F. M. Kamm - 2022 - New York, NY: Oxford University Press.
    In this volume, F.M. Kamm explores how theories as well as hypothetical and practical cases help us understand rights and their limits. The book begins by considering moral status and its relation to having rights (including whether non-human animals have rights and what rights future persons have). The author then considers whether rights are grounded in duties to oneself, which duties are correlative to rights, and whether neuroscientific and psychological studies can help determine what rights we have. Kamm next investigates (...)
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  39. Integrity and Rights of Plants: Ethical Notions in Organic Plant Breeding and Propagation.Edith Van Bueren, T. Lammerts, C. Paul & C. Struick - 2005 - Journal of Agricultural and Environmental Ethics 18:479-493.
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  40. The Tracking Theory of Claim‐Rights.Mark McBride - 2023 - Analytic Philosophy 64 (3):256-276.
    My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from the ground up. So the challenge (...)
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  41. The Tracking Theory of Claim‐Rights.Mark McBride - 2023 - Analytic Philosophy 64 (3):256-276.
    My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from the ground up. So the challenge (...)
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  42. The Tracking Theory of Claim‐Rights.Mark McBride - 2023 - Analytic Philosophy 64 (3):256-276.
    My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from the ground up. So the challenge (...)
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  43. The Tracking Theory of Claim‐Rights.Mark McBride - 2023 - Analytic Philosophy 64 (3):256-276.
    My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from the ground up. So the challenge (...)
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  44. A Theory of Rights Based on Autonomy.Giorgio Maniaci - 2023 - Ratio Juris 36 (3):259-279.
    This article takes a critical look at the classic couplet of theories on the justification of rights, namely, the choice theory and the interest or benefit theory, where the two are understood to be in conflict. The argument is made that this couplet is best replaced with a new one, namely, a sophisticated rendering of the benefit theory coupled with the autonomy theory, such that any conflict is resolved. The latter two theories take different cases in justifying the attribution of (...)
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  45. Rights human and divine in Civil government.Robert C. Allen - 1903 - [n.p.]:
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  46. A Philosophical Justification for the Legal Rights of Animals.Christopher Jon Thomas - 2005 - Dissertation, Colorado State University
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  47. Equality‐enhancing potential of novel forms of assisted gestation: Perspectives of reproductive rights advocates.Elizabeth Chloe Romanis - 2023 - Bioethics 37 (7):637-646.
    Novel forms of assisted gestation—uterus transplantation and artificial placentas—are highly anticipated in the ethico‐legal literature for their capacity to enhance reproductive autonomy. There are also, however, significant challenges anticipated in the development of novel forms of assisted gestation. While there is a normative exploration of these challenges in the literature, there has not yet, to my knowledge, been empirical research undertaken to explore what reproductive rights organisations and advocates identify as potential benefits and challenges. This perspective is invaluable. These organisations/individuals (...)
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  48. European or Universal? The European Declaration of Digital Rights in a global context.Maksymilian Kuźmicz - unknown
    This paper examines the potential universality of the European Declaration of Digital Rights, which was proposed to protect fundamental rights within the European Union. The investigation provides insights regarding the status of the Declaration as a position statement with a limited binding character, although it could serve as a reference point for future legislation at various levels. Digital Rights (DR) have the character of general principles, and the challenge in implementing them is the question of enforceability. The paper also considers (...)
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  49. Women’s Rights: A Precursor for African Development.Faith Matumbu - 2023 - In Beatrice Okyere-Manu, Stephen Nkansah Morgan & Ovett Nwosimiri (eds.), Contemporary Development Ethics from an African Perspective: Selected Readings. Springer Verlag. pp. 155-164.
    In postcolonial Africa, development has, generally, been premised on the philosophy that; it is a product of collective or collaborative approach. This implies that men, women and all other groups are part and parcel of this development process. Demographic data for most African countries show that the highest population percentage is attributed to women and children. It can therefore, be expected that development on the continent is by and large driven by the collective or collaborative effort of both sexes. However, (...)
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  50. Patriarchy, Paternalism, and Politics of Reproductive Autonomy: Abortion Rights in Japan.Eiko Saeki - 2023 - In Kimiko Tanaka & Helaine Selin (eds.), Sustainability, Diversity, and Equality: Key Challenges for Japan. Springer Verlag. pp. 35-51.
    While Japan ranks relatively high in overall health indicators with life expectancy and healthcare coverage, a plethora of problems exist when it comes to reproductive health. With the lack of comprehensive sexuality education, youth are at risk of experiencing sexual activity without essential knowledge. Furthermore, the dearth of access to reliable and affordable contraceptives, as well as the social stigma and various hurdles to obtain an abortion, impede women from exercising their sexual and reproductive autonomy. Focusing on the politics surrounding (...)
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