Abstract
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 rights” implies a corresponding theory of change and through that can be an important guide to the practice of human rights activists and their funders. In practice, any organization can describe their work as “rights based.” This article clarifies the practices of human rights activists and their funders that are consistent with a theory of human rights as (1) universal, (2) interdependent across groups and categories of people, (3) indivisible across issue areas and claims, and (4) measured by the enjoyment of rights.
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Notes
One might argue that human rights advocacy is also a global industry. A critique of what one might call the human rights industrial complex is far outside the scope of this article, but not outside its sights.
(Goodman 1998).
(Rorty 1993).
(Locke [1688] 1988).
(Sobrino Sj 2001: 153).
The argument might be applied specifically to the field of development, global health, or gender and political participation (Vargas 2006; Kerr 2006; Enslin and Tjiattas 2006; Croll 2006; Cornwall and Molyneux 2006; Bradshaw 2006; CorrÍa 2005; Chen 2005; Uvin 2004). For a way of measuring rights enjoyment for the purposes of statistical political science of human rights enjoyment see Ackerly and Jose Miguel Cruz (2010).
International Covenant on Civil and Political Rights, G.A. Res. 2200A (XXI), U. N. GAOR, Supp. No. 16 at 52, U.N. Doc. A/6316 (1966a); International Covenant on Economic, Social and Cultural Rights, G.A. Res. 2200A (XXI), U.N. GAOR, Supp. No. 16, U.N. Doc. A/6316 (1966b); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 39/46, U.N. GAOR, 39th Sess., Annex, Supp. No. 51 at 197, U.N. Doc. A/39/51 (1984); International Convention for the Protection of All Persons from Enforced Disappearance, G.A. Res., 20 December 2007b (adopted, but not entered into force).
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, G.A. res. 45/158 of 18 December 1990 (2003) (hereinafter CMW).
Convention on the Elimination of All Forms of Discrimination against Women, G.A. Res. 34/180, U.N. GAOR, 34th Sess., Supp. No. 46, at 193, U.N. Doc. A/34/46 (1981) (hereinafter CEDAW).
Convention on the Rights of the Child, G.A. Res. 44/25, U.N. GAOR, 44th Sess., Supp. No. 49, at 161, U.N. Doc. A/44/49 (1989) (hereinafter CRC).
Declaration on the Rights of Indigenous Peoples, 61st Sess., U.N. Doc. A/RES/61/295 (2007c).
Convention on the Rights of Persons with Disabilities, G.A. Res. 61/106 (2007a) (hereinafter CRPD).
International Convention on the Elimination of All Forms of Racial Discrimination, G.A. Res. 2106 (XX), U.N. GAOR, Supp. No. 14, at 47, U.N. Doc. A/6014 (1966c) (hereinafter CERD).
See for example the work of the India-based National Alliance of People’s Movements (NAPM) described by Christine Keating (2004).
(Petchesky 2003).
(Confortini 2009).
Consider Kristof and WuDunn’s 2009 reflection on the lack of coverage of gender injustices by mainstream media.
As I will make clear, it is an empirical theory that is difficult to prove or falsify given the complexity of social change work.
Whitney Graham, a program assistant at the Global Fund for Women, coined this term in a personal conversation with two women who work in women’s funds which are organizations that fundraise to support women’s rights activities and who support those activities through grants, capacity building, and networking with other movement actors.
See for example the work of L’Association des Femmes Repatriées (Bujumbura, Burundi), Women in Action against Gender-based Violence (Bamenda, Cameroon), and The Coordinatdora Departamental de Comadronas Tradicionales de Quetzaltenango (Quetzaltenango, Guatemala).
http://www.kuc.hk/mof/projects/bethunehouse/bethune_house.htm, last accessed September 11, 2010. I would like to thank Edwina Antonio for her time introducing me to me to the work of Bethune House.
This claim is based on participant observation in three multi-day meetings of movement actors, including donors, two of which were devoted to evaluation and research. Those in attendance included Srilatha Batliwala representing the Association for Women’s Rights and Development and its work with members on their challenges of evaluation and other donors and consultants who had worked with large numbers of rights-based organizations. These took place in North America, Europe, and Africa in 2009 and 2010.
See note 40 on the sources of information about rights-groups perceptions about evaluation priorities of donors.
For more on evaluation of first and second order effects and grantmaking see Ackerly (2009).
http://www.sewa.org/About_Us.asp, last accessed September 12, 2010.
Note, additionally, that Kristof and WuDunn characterize SEWA as a microenterprise promotion organization. In fact, SEWA’s work is unionizing more than 100 trades in the informal sector including street vendors, home-based workers, manual laborers, and small producers (SEWA 2008 Annual Report).
For some background on code of conduct and supply chain compliance see http://www.bsci-eu.org/index.php?id=2011.
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Ackerly, B. Human Rights Enjoyment in Theory and Activism. Hum Rights Rev 12, 221–239 (2011). https://doi.org/10.1007/s12142-010-0175-6
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DOI: https://doi.org/10.1007/s12142-010-0175-6