Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this (...) network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

This paper explores the new frontier within Kantian scholarship which suggests that Kant places so much special importance on the value of rational nature that the supreme principle of morality and the concept of human dignity are both grounded on it. Advocates of this reading argue that the notion of autonomy and dignity should now be considered as the central claim of Kant’s ethics, rather than the universalisation of maxims. Kant’s ethics are termed as repugnant for they place a (...) high demand on the universalisation of maxims as a universal moral principle. As a result, they argue that there is an urgent need to rescue Kant’s ethics from the controversies surrounding maxims and universalisability, and the best way to rescue his ethics is by “leaving deontology behind”. It must be left behind because the categorical imperative is not needed in order to rescue Kant’s ethics, as deontology is often overrated. Consequently, the highest duties of the human being are to ensure that his fellow human beings enjoy unhindered autonomy and receive the honour that their dignity duly deserves, as well as to look after their welfare and treat them with respect, regardless of their dispositions. I review recent literature to appraise this new frontier within Kantian scholarship. I also explore the works of philosophers, such as Herman, Korsgaard, Wood, Höffe, and, specifically, Hill, on Kant’s conception of human dignity in relation to its conception as autonomy, humanity, and the source of human rights. (shrink)

This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would mean (...) failing to meet the standards of a legitimate democratic state. (shrink)

Collection of historical, theoretical and applied articles on the ethical considerations in the treatment of animals by human beings.

In his invited essay for Business & Society’s 60th anniversary, Archie B. Carroll refers to human rights as “a topic that holds considerable promise for CSR [corporate social responsibility] researchers in the future.” The objective of this article is to unpack this promise. We discuss the momentum of business and human rights in international policy, national regulation, and corporate practice, review how and why BHR scholarship has been thriving, provide a conceptual framework to analyze how BHR (...) and corporate social responsibility relate to each other, and provide a research agenda outlining how BHR can expand business and society scholarship in general and one of its foundational constructs, CSR, in particular, beyond the current confines of the business and society field. (shrink)

From the diverse work and often competing insights of women's human rights activists, Brooke Ackerly has written a feminist and a universal theory of human rights that bridges the relativists' concerns about universalizing from particulars and the activists' commitment to justice. Unlike universal theories that rely on shared commitments to divine authority or to an 'enlightened' way of reasoning, Ackerly's theory relies on rigorous methodological attention to difference and disagreement. She sets out human rights (...) as at once a research ethic, a tool for criticism of injustice and a call to recognize our obligations to promote justice through our actions. This book will be of great interest to political theorists, feminist and gender studies scholars and researchers of social movements. (shrink)

Zoos and animal rights seem utterly opposed to each other. In this controversial and timely book, Stephen Bostock argues that they can develop a more harmonious relationship. He examines the diverse ethical and technical issues involved, including human cruelty, human domination over animals, the well-being of wild animals outside their natural habitat, and the nature of wild and domestic animals. In his analysis, Bostock draws attention to the areas which give rise to misconceptions. This book explores the (...) long history of zoos, as well as current philosophical debates, to argue for a conservational view of their role in the modern world. Anyone concerned with humanity's relationship with other animals and the natural world will find this to be thought-provoking and rewarding reading. (shrink)

This paper theorizes that the effect of human rights violations on US economic aid is conditioned by the salience of US national security concerns. National security concerns will be more salient in situations where recipients contribute to maintaining US security and in temporal eras when the USA is perceived as being under increased external threat. As the relational and temporal salience of national security increases, any negative effect of human rights violations on US economic aid should (...) decrease. I test this hypothesis by examining US economic aid allocations to states from 1977 to 2005. The results show that the salience of national security concerns present in the US-recipient relationship does condition the relationship between human rights violations and US economic aid. There are also significant differences between different temporal eras of US foreign aid allocation. Future work should address how conflicts between interests and values in US foreign policy are negotiated. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

The principle of respect for human dignity plays a crucial role in the emerging global norms relating to bioethics, in particular in the UNESCO Universal Declaration on Bioethics and Human Rights. This instrument, which is a legal, not merely an ethical document, can be regarded as an extension of international human rights law into the field of biomedicine. Although the Declaration does not explicitly define human dignity, it would be a mistake to see the (...) emphasis put on this notion as a mere rhetorical strategy. Rather, the appeal to dignity reflects a real concern about the need to promote respect both for the intrinsic worth of human beings and for the integrity of the human species. But dignity alone cannot solve most of the dilemmas posed by biomedical practice. This is why international biolaw combines, on the one hand, the appeal to human dignity as an overarching principle with, on the other hand, the recourse to human rights, which provide an effective and practical way forward for dealing with bioethical issues at a global level. (shrink)

Introduction -- Saint Thomas : putting nature into natural law -- Maritain and the love for the natural law -- The new natural law and evolutionary natural law -- International human rights, natural law, and Locke -- Conclusion : evil and the limits of the natural law.

The Borg are always confident that humans will be assimilated into their collective hive and therefore that, as they say, “resistance is futile.” In Star Trek, of course, the humans always successfully resist. Elizabeth Fenton and John Arras, like the Borg, resist the idea that humans are uniquely special as well as the utility of the human rights framework for global bioethics. I believe their resistance to human rights is futile, and I explain why in this (...) essay. Let me begin with their subtitle, because we do seem to agree that popular culture is a powerful aid to understanding human actions and motivations. (shrink)

The traditional conception construes human rights as moral rights all people have due to some basic feature or interests deemed intrinsically valuable. This comported well with the revival of the discourse of human rights in the wake of atrocities committed during WWII. It served as a useful referent for local struggles against foreign rule and domestic dictatorship in the 1980s. Since 1989, human rights discourse acquired a new function: the justification of sanctions, military (...) invasions, and transformative occupation administrations by outsiders, framed as enforcement of international law against violators. The traditional conception doesn't fit this new function, hence the efforts to counter-pose a "political" to the "traditional" approach. This essay analyzes two recent versions of the political conception, and argues for a third. The thesis is that sovereign equality and human rights are normative principles of our dualist international system and both are needed to construct a more just version of that system. (shrink)

While human rights law has evolved to provide guidance to governments in realizing human rights in public health emergencies, the COVID-19 pandemic has challenged the foundations of human rights in global health governance. Public health responses to the pandemic have undermined international human rights obligations to realize the rights to health and life, human rights that underlie public health, and international assistance and cooperation. As governments prepare for revisions of (...) global health law, new opportunities are presented to harmonize global health law and human rights law, strengthening rights-based governance to respond to future threats. (shrink)

The concept of dignity is widely used in society, particularly in reference to human rights law and bioethics. Several conceptions of dignity are identified, falling broadly within two categories: full inherent dignity (FID) and non-inherent dignity (NID). FID is a quality belonging equally to every being with full moral status, including all members of the human natural kind; it is permanent, unconditional, indivisible and inviolable. Those beings with FID ought to be treated deferentially by others by virtue (...) of their belonging to a noble caste. FID grounds fundamental human rights, such as the rights to freedom and equality.The concept of dignity forms a network of interconnected ideas related to worth and value particularly within legal and ethical discourse; it is a rich and meaningful concept, irreducible to one or two quasi-legal principles. Fundamentally, dignity matters because it forms the foundation of civilized society; without it, serious abuse of people is more likely to occur. (shrink)

This paper is the second of two in a series. In our first paper, we presented a social justice framework emerging from an extensive literature review and incorporating core social determinants specific to mental health in the age of COVID-19 and illustrated specific social determinants impacting mental health (SDIMH) of our resettled Bhutanese refugee population during the pandemic. This second paper details specific barriers to the SDIMH detrimental to the basic human rights and social justice of this population (...) during this pandemic. The SDIMH, as described, further informs the need for social justice measures and cultural humility in mental healthcare, public health, law, and community engagement. This work concludes with a proposed call to action toward mental health improvement and fair treatment for refugee populations in three core areas: communication and education, social stigma and discrimination, and accessibility and availability of resources. (shrink)

The post-September 11th era has presented immense challenges and disappointing setbacks for the advancement of human rights. Yet, the era has also been marked by complexity, paradoxes and ample opportunities for introspection as events expose contemporary human rights' various weaknesses and contradictions. This article provides an overview of the interplay between the human rights concept's various instrumental appropriations and its more autonomous emancipatory capacity manifested in post-September 11th developments. Instead of an exhaustive examination, the (...) article simply poses and juxtaposes different dimensions and layers of the formidable presence of the human rights idea in post-September 11th developments impacting the Middle East. To this end, it places a particular emphasis on human rights' capacity to simultaneously aid, transcend and confront local and international power structures.The article begins with a discussion of the ways in which American hegemony is both bolstered and challenged through human rights discourses after September 11th. It then turns to the Middle Eastern encounter with human rights amidst the American "War on Terror." It is argued that while widespread Middle Eastern consciousness of American appropriations of human rights foster cynicism about the promise and legitimacy of human rights, post-September 11th dynamics have also resulted in greater Middle Eastern engagement with the human rights concept and international human rights norms. In subsequent sections, the article presents a brief outline of the various challenges and openings presented for human rights advocacy in the last few years followed by a discussion of the renewed imperative for a genuine international human rights dialogue. Throughout the article, examples are presented of how pre-existing human rights geographies and hierarchies ascribing relativism to the East and universalism to the West have been unsettled during this period. (shrink)

This paper analyses the relatively neglected topic of hierarchy in the philosophical foundation of human rights. It develops a transcendental-discursive approach. This approach develops the idea that all human rights could be derived from a small set of fundamental rights that are interconnected and that incorporate all ulterior possible specific rights. This set is then applied to an analysis of human rights as they have been formulated in the Universal Declaration of (...) class='Hi'>Human Rights. The claim is that this prior set of transcendental rights is discursively implied whenever we talk about human rights. Thinking about the hierarchy of rights pragmatically means thinking about prioritising their implementation. Some consequences for practical philosophy and politics concerning the role of states, enterprises and world citizenship are then discussed. (shrink)

At least since Athenian trade sanctions helped to spark the Peloponnesian War, economic coercion has been a prominent tool of foreign policy. In the modern era, sovereign states and multilateral institutions have imposed economic sanctions on dictatorial regimes or would-be nuclear powers as an alternative to waging war. They have conditioned offers of aid, loans, and debt relief on recipients’ willingness to implement market and governance reforms. Such methods interfere in freedom of trade and the internal affairs of sovereign states, (...) yet are widely used as a means to advance human rights. But are they morally justifiable? -/- Drawing on human rights theories, theories of justifiable harm, and examples such as IMF lending practices and international sanctions on Russia and North Korea, Fabre offers a defense of economic statecraft in some of its guises. An empirically attuned work of philosophy, Economic Statecraft lays out a normative framework for an important tool of diplomacy. (shrink)

This article argues that in the quest for global bioethics in its relation to the promotion of women's health and women's rights, the main challenge is to, first, rise above the relativist trap and second, to solve the false dilemma between individualism and collectivism. Particularly in order to improve women's position and advance their well‐being in many developing countries with patriarchal cultural practices, there is an urgent need to introduce modern medicine and to share more evenly and efficiently the (...) health care resources of the industrialized societies. This presumes that we can find a normative bioethical approach that promotes the rights of individuals without striving for cultural assimilation and disrespect.From the philosophical point of view this means that we have to overcome the debate between the rival views of justice, and rather find the shared features of the various approaches, thus diminishing the exaggerated polarizations between them. The author claims that despite its importance in women's rights protection, feminist bioethics cannot remain as a normative alternative that can replace either liberal or communitarian approaches. Instead feminism needs to be part of both liberal and communitarian ethical thinking. Communitarianism, for its part, cannot offer an alternative to either liberalism or feminism, but it can function as an essential critical balancing force within these approaches. Individualist liberalism, on the other hand, has to find its way into collective social structures and accept their maintenance, instead of exhausting itself in its attempts to lift individuals above or beyond their social contexts. (shrink)

While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect health, and shows that (...) the use of health impact assessment draws attention to economic and social rights. While civil and political rights are an astonishing social achievement, they are not in themselves sufficient to promote health. (shrink)

While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect health, and shows that (...) the use of health impact assessment draws attention to economic and social rights. While civil and political rights are an astonishing social achievement, they are not in themselves sufficient to promote health. (shrink)

This essay argues that human rights are a necessary condition for global democracy. Human rights constrain power, enable meaningful political agency, and support and promote democratic regimes within states, all of which are fundamental elements in any scheme for global democracy.

Reprint of an article first published in the _African Human Rights Law Journal_ (2011).

Where the law protects human rights, the executive branch of government does well if it complies with the law, and goes wrong if it does not comply. And then you may think that the paradigmatic fun...

This book argues that human rights cannot go global without going local. This important lesson from the winding debates on universalism and particularism raises intricate questions: what are human rights after all, given the dissent surrounding their foundations, content, and scope? What are legitimate deviances from classical human rights and where should we draw “red lines”? Making a case for balancing conceptual openness and distinctness, this book addresses the key human rights issues (...) of our time and opens up novel spaces for deliberation. It engages philosophical reasoning with law, politics, and religion and demonstrates that a meaningful relativist account of human rights is not only possible, but a sorely needed antidote to dogmatism and polarization. (shrink)

This article argues that in the quest for global bioethics in its relation to the promotion of women's health and women's rights, the main challenge is to, first, rise above the relativist trap and second, to solve the false dilemma between individualism and collectivism. Particularly in order to improve women's position and advance their well‐being in many developing countries with patriarchal cultural practices, there is an urgent need to introduce modern medicine and to share more evenly and efficiently the (...) health care resources of the industrialized societies. This presumes that we can find a normative bioethical approach that promotes the rights of individuals without striving for cultural assimilation and disrespect. From the philosophical point of view this means that we have to overcome the debate between the rival views of justice, and rather find the shared features of the various approaches, thus diminishing the exaggerated polarizations between them. The author claims that despite its importance in women's rights protection, feminist bioethics cannot remain as a normative alternative that can replace either liberal or communitarian approaches. Instead feminism needs to be part of both liberal and communitarian ethical thinking. Communitarianism, for its part, cannot offer an alternative to either liberalism or feminism, but it can function as an essential critical balancing force within these approaches. Individualist liberalism, on the other hand, has to find its way into collective social structures and accept their maintenance, instead of exhausting itself in its attempts to lift individuals above or beyond their social contexts. (shrink)

Rather than treating them as discrete and incommensurable ideas, we sketch some connections between human flourishing and human dignity, and link them to human rights. We contend that the metaphor of flourishing provides an illuminating aspirational framework for thinking about human development and obligations, and that the idea of human dignity is a critical element within that discussion. We conclude with some suggestions as to how these conceptions of human dignity and human (...) flourishing might underpin and inform appeals to human rights. (shrink)

Human rights may be the most globalized political value of our times. The rights paradigm has been criticized, however, for being theoretically unsound, legalistic, individualistic and based on the assumption that there is a given and universal humanness. Its use in the area of health is relatively new. Proponents point to its power to frame health as an entitlement rather than a commodity. The problems and the possibilities of a rights approach in addressing health ethics issues (...) are explored in this article. (shrink)

Since conflicts of human rights can be translated into conflicts of values, this article looks into the sources and extension of value pluralism for a better understanding of the sort of conflicts of human rights that women face in multicultural contexts. Furthermore, a proper understanding of personal autonomy as a founding value underlying individual rights can contribute to an interpretation of women's human rights that takes account of both their untouchable core as well (...) as their contextual meaning. As conflicts of fundamental rights most often take place in a scenario of strong pluralism, the article considers cases of conflicts of rights in multicultural societies focusing on the overlapping values to be balanced. Religious freedom, education, neutrality, equality or toleration are some of the issues to be addressed: all of these are important and should be evaluated considering their further implications for women as well as for the other individuals involved. (shrink)

In this paper, I argue that independent governmental human rights bodies at the sub-national level now comprise a meaningful group that can be understood as a sub-national counterpart to National Human Rights Institutions. In accordance with the term’s growing usage among human rights practitioners, I label these bodies as “Sub-national Human Rights Institutions” (“SNHRIs”). So far, however, SNHRIs (as a general concept) have been the subject of very little academic attention, although there (...) have been many studies of individual SNHRIs or particular types of SNHRIs. With the objective of promoting coherent and generalizable research into this relatively new institutional concept, in this paper I therefore stipulate and justify a general SNHRI definition and a scientific typology of SNHRIs based on administrative level, institutional form, and breadth of mandate. (shrink)

Background and Objectives People living with dementia have historically been excluded from qualitative research and their voices ignored due to the perception that a person with dementia is not able to express their opinions, preferences and feelings. Research institutions and organizations have contributed by adopting a paternalistic posture of overprotection. Furthermore, traditional research methods have proven to be exclusionary towards this group. The objective of this paper is to address the issue of inclusion of people with dementia in research and (...) provide an evidence-based framework for dementia researchers based on the five principles of human rights: Participation, Accountability, Non-discrimination and equality, Empowerment and Legality (PANEL). Design This paper adapts the PANEL principles to the research context, and uses evidence from the literature to create a framework for qualitative research in people with dementia. This new framework aims to guide dementia researchers in designing studies around the needs of people with dementia, to improve involvement and participation, facilitate research development and maximize research outcomes. Results A checklist is presented with questions related to the five PANEL principles. These questions cover ethical, methodological and legal issues that researchers may need to consider while developing qualitative research for people with dementia. Conclusions The proposed checklist offers a series of questions and considerations to facilitate the development of qualitative research in patients with dementia. It is inspired by current human rights work of recognized dementia researchers and organizations who have been directly involved in policy development. Future studies need to explore its utility in improving participation, facilitating ethics approvals and ensuring that outcomes are relevant to people with dementia. (shrink)

The concept of human dignity plays an important role in the public discussion about ethical questions concerning modern medicine and biology. At the same time, there is a widespread skepticism about the possibility to determine the content and the claims of human dignity. The article goes back to Kantian Moral Philosophy, in order to show that human dignity has in fact a determinable content not as a norm in itself, but as the principle and ground of (...) class='Hi'>human rights and any deontological norms in biomedical ethics. When it comes to defining the scope of human dignity, i.e., the question which entities are protected by human dignity, Kant clearly can be found on the “pro life”-side of the controversy. This, however, is the result of some specific implications of Kant’s transcendental approach that may be put into question. (shrink)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation (...) of states under international law. [ii] In terms of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts (...) of mass violence ... Every effort … to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life.” Over the years, all treaty bodies have contributed in this direction, endorsing peace and security so as “to protect people against direct and structural violence … as systemic problems and not merely as isolated incidents …”. A closer look at the jurisprudence on peace and security, emanating from treaty monitoring mechanisms including state periodic reports, interpretive statements, the individual communications procedure, and others, reveals its distinctive nature. (shrink)

This paper traces the evolution of the international concept of a human right to culture from a general and individual right of participation in the public life of a state (1966, Article 27 of the IC of Civil and Political Rights), to a group right to a cultural identity (1992 Declaration on the rights of persons belonging to national or ethnic, religious or linguistic minorities). I argue that the original generic formulation of the human right to (...) culture reflected the nineteenth-century ideal of one-nation, one culture which had proved inadequate from the beginning even in Europe and wrecked havoc upon newly evolving nations in previously colonized territories. International Human Rights doctrine has had to evolve in response to the confl icts that have erupted within multi-ethnic states. In this paper I will consider and defend the argument of William Kymlicka that culture is a necessary context for the exercise of meaningful choices and therefore, within limits, deserves protection within liberal regimes. I argue that providing political support for cultural identities in the form of group rights need not imply a right of secession and can support a robust conception of multicultural citizenship. I analyze the philosophical significance of cultural identity for human dignity and democratic participation in multicultural contexts and conclude that group rights are neither “collectivist” nor “individualist” but a necessary and significant byproduct of the fundamental human right to free association. (shrink)

A number of theorists have tried to resolve the tension between a western-oriented liberal scheme of human rights and an account that accommodates different political systems and constitutional ideals than the liberal one. One important way the tension has been addressed is through a “neutral” or tolerant, notion of human rights, as present in the work of Rawls, Scanlon and Buchanan. In this paper I argue that neutrality cannot by itself explain the difference between rights (...) considered appropriate for liberal states and rights considered to be human rights proper. The central arguments used by neutralist theorists presuppose, rather than justify, this differential treatment. Instead, that difference can be understood only by reference to the purpose of human rights as distinct from the constitutional rights of a liberal state. This requires us to reassess the point and purpose of a theory of international justice, in contrast to justice for a domestic and politically separate society. In the case of a theorist like Rawls, human rights represent guides to the foreign policy of a liberal state, rather than to principles by which all states are expected to abide. That is because of Rawls’ acceptance that no common, authoritative, third-party, institutions capable of imposing duties on all agents uniformly exist or can exist. This also makes his theory inherently conservative about human rights, given that they are simply to act as a guide to which states can be treated as legitimate when it comes to liberal foreign policy: those that possess institutions that can be said to represent a peoples, rather than being imposed through violence. This standard is lower than the ideal set of rights extended to all in a liberal society. (shrink)

In this paper I argue that there is no moral justification for the conviction that rights should be reserved to humans. In particular, I reject James Griffin’s view on the moral relevance of the cultural dimension of humanity. Drawing from the original notion of individual right introduced in the Middle Ages and the development of this notion in the eighteenth century, I emphasise that the practice of according rights is justified by the interest in safeguarding the powers of (...) reason and autonomy that some individuals can exercise. Since we are in no position to rule out that non-humans can exercise these capacities, I conclude that rights should not be reserved to humans. This will lead to a reformulation of the reasons why so-called ‘marginal’ humans and non-human animals can be granted some basic rights. Being human is neither necessary nor sufficient for holding rights. All individuals, human or non-human, who can exercise reason and autonomy to some extent can be accorded basic rights in virtue of their having morally relevant preferences. (shrink)

This article reassess Rorty’s contribution to human rights theory. It addresses two key questions: (1) Does Rorty sustain his claim that there are no morally relevant transcultural facts? (2) Does Rorty’s proposed sentimental education offer an adequate response to contemporary human rights challenges? Although both questions are answered in the negative, it is argued here that Rorty’s focus on suffering, sympathy, and security, offer valuable resources to human rights theorists. The article concludes by considering (...) the idea of a dual approach to human rights, combining Rorty’s emphasis on sentiment with an analysis of patterns of responsibility for the underfulfilment of human rights. (shrink)

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

This article argues that liberal arguments for human rights minimalism, such as those of John Rawls and Michael Ignatieff, contain fundamental inconsistencies in their treatment of core rights to life and liberty. Insofar as their versions of minimalism foreground rights to physical security and basic freedom of movement, they cannot coherently exclude certain social and economic protections and liberties that directly support or are even partly constitutive of these rights. Nor do they have good grounds (...) for putting the social and private realms wholly beyond the purview of international law. “New” human rights that represent an expansion of civil rights in particular beyond the classic conception to encompass, for example, the right to freedom from sexual and gender-based violence, illustrate especially well the extent to which civil, social, and economic rights violations, and their remedies, are deeply interwoven. These emergent rights also directly challenge the dichotomy between public/political and private/social realms, and the corollary assumption that human rights violations occur mainly or exclusively in the former sphere. While the concerns that motivate arguments for human rights minimalism — considerations of pluralism and prudence — are legitimate, proponents would do best to reconsider the multiple roles that human rights in fact play, in spite of their essentially contested status. (shrink)

In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted (...) living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state. (shrink)

The chapter's concern is meta‐theoretical and pertains to the nature of human rights theory. Interestingly, most human rights theorists do not spend much time stating what their theory is a theory of, and hence what kind of theory it should be. The chapter argues in favour of taking the legal dimension of human rights more seriously and, more specifically, for a legal theory of human rights. Making human rights law the (...) object of human rights theory has two advantages: one substantive and the other methodological. First of all, it makes for a deeper understanding of the nature of human rights as a practice, and hence of many questions in human rights theory. A second benefit lies in the resources of legal theorizing, and in particular the latter's experience in explaining and evaluating normative practises. A related contribution of the proposed legal human rights theory is that it can bridge the gap that has grown within existing human rights theories between human rights practice and human rights standards, and so‐doing reconcile so‐called “political” and “ethical” human rights theories out of their sterile opposition. (shrink)

Bringing Human Rights Education to US Classrooms presents ten research-based human rights projects powerfully implemented in a range of U.S. classrooms, from elementary school through community college and university. In these classrooms, the students--primarily young people of color who have experienced or witnessed human rights abuses such as discrimination and poverty--are exposed for the first time to thinking about their own lives and the world through an empowering human rights lens. Unique in (...) integrating theory and classroom practice, and in addressing human rights issues with special relevance for communities of color in the US, Katz and Spero provide indispensable guidance for those studying and teaching human rights. (shrink)

Accession Number: ATLA0001788511; Hosting Book Page Citation: p 292-317.; Language(s): English; Issued by ATLA: 20130825; Publication Type: Essay.

Are there human rights to a good such as social welfare, which depends on circumstances, and on the needs of a putative right-holder? Is justice constituted by rights? Does it take belief in God to understand the grounds of human rights? The essay responds to Nicholas Wolterstorff’s answers to these questions.