Drawing its strength from the UN Charter and UDHR, human rights ethics is a beacon of hope and a promise that requires continuous reaffirmation during these turbulent times. These two documents, with their unwavering faith in ‘fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,’ have shaped our understanding of human rights as global and universal (...) ethics. However, this faith is now being severely tested by four countercurrents: extremism, exclusionism, selectivism, and populism. These countercurrents pose significant and urgent human rights threats that activists, academics, and policymakers must confront by reasserting the basic core values of the UN Charter and UDHR. (shrink)

The present paper argues that as basic schools become more pluralistic, it is important to (re)discuss the value base on which education should be built. Many see human rights as a universal principle of Western democratic societies and thus a universal value base of education. However, human rights seem to be insufficient – first, because many question their universality, and second, because they are understood mainly as legal rather than ethical principles. The concept that is known (...) to ethically support human rights is the global ethic. And from one of the main pillars of the global ethic we derive the universal value base of education – the responsibility for the other, understood as care for the other, being for the other, treating and approaching the other with respect. To this end, teachers should encourage social interactions, based on active listening and exotopy. (shrink)

A dialogical approach to understanding Islamic ethics rejects objectivist methods in favor of a conversational model in which participants accept each other as rational moral agents. Hans-Georg Gadamer asserts the importance of agreement upon a subject matter through conversation as a means to gaining insight into other persons and cultures, and Jürgen Habermas stresses the importance of fairness in dialogue. Using human rights as a subject matter for engaging in dialogue with Islamic scholars, Muslim perspectives on issues such (...) as democracy, toleration, and freedom of conscience emerge. A capabilities approach to human rights, such as that developed by Martha Nussbaum, enables the coexistence of multiple religious ethical visions while insisting upon the need to protect and nurture essential human abilities. (shrink)

The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims Act (...) in the United States and ATCA-like litigation possibility in the European Union present a feasible alternative to international law in the field of human rights protection when abuses are committed by transnational corporations. (shrink)

Embedding Human Rights in business practice is a challenge many multinational companies have to deal with to avoid reputational risks or to comply with soft law requirements. However, in doing so, the normative concept of corporate human rights obligations is both legally and ethically imprecise and the “UN Guiding Principles on Business and Human Rights” are just partly helpful. Therefore, it is asked and analyzed, if legal respectively ethical dogmatism or specific sustainability market mechanisms (...) can provide guidance and clarity. The examination however reveals legally paradox results. Not legitimized institutions might restrict companies unreasonably. From this perspective, it remains unclear, for which human rights behavior they are held accountable. A corporate human rights approach therefore should be aware of that and thoroughly chosen. (shrink)

This paper provides a critical analysis of the premises and arguments put forward by the Ius Constitutionale Commune en America Latina project to ground the image of the Inter-American Court of Human Rights as an agent of democratic transformation. It highlights three critical aspects: 1. the profile of the Court is constructed by legal scholars relying on self-validation and self-referentiality, 2. that image validates the idea that lawyers and the judiciary are agents of transformation ruling over local spaces (...) from above, thereby discarding people as the central subjects of change and democratization, and 3. the concept of representative democracy becomes a device that secures the self-validating dynamics of the image of the Court as democracy builder. (shrink)

This is the final part of a series of two papers that have examined the conceptual development of the philosophical justifications for tyrannicide. While Part I focused on the classical, medieval, and liberal justifications for tyrannicide, Part II aims to provide the tentative outlines of a contemporary model of tyrannicide in world politics. It is contended that a reinvigorated conception of self-defence, when coupled with the modern understanding of universal human rights, may provide the foundation for the normative (...) validity of tyrannicide in contemporary world politics. (shrink)

Globalisation, repeated economic (financial) crisis and other contemporary social processes are changing the capability of the state to provide individual social security and guarantee human rights. There is therefore a need to review social policy guidelines and their implementation measures. The problem is how to develop the social security system of state, so that human rights are not violated. For the reformation of the social security system to be consistent, it is also necessary to determine the (...) principles on which the social security system should be based. This article examines the concept of the principle of subsidiarity and its impact on the implementation of socio-economic human rights. The goal of this research is to explore theoretical aspects of application of principle of subsidiarity for ensuring the protection of socio-economic human rights and development of the policy of social security in Lithuania. In order to achieve this goal, the research starts from the analysis of the concept and origin of the principle of subsidiarity and its impact on the implementation of human rights. Further the constitutional basis and levels of application of this principle for implementation of socio-economic human rights are studied. Lastly, according to the principle of subsidiarity, some relevant issues of Lithuanian social security system are evaluated. (shrink)

In my view, human rights must find an appropriate philosophical foundation/justification to be incorporated into non-Western societies and such a foundation/justification must be attractive and inspiring for ordinary citizens in those societies and be based on their own intellectual resources, including local languages. In contemporary Japan, ‘KEN RI (??)’ is considered as the Japanese term corresponding to human rights. However, Fukuzawa Yukichi, the most influential intellectual leader of the early Meiji period, introduced human rights (...) as ‘KEN RI TSUU GI (????)’. The Chinese character ‘KEN (?)’, in the most fundamental text of Confucianism, the teachings of Confucius (551-479 B.C.), Analects, means being able to weigh occurring events and determine the application of principles to them. In the account of Tomonobu Imamichi, a Japanese philosopher, ‘GI (?)’, usually considered as justice, originally meant responsibility. Thus, ‘KEN RI TSUU GI (????)’ can be reinterpreted as being able to practically apply principles (?) to those events, while assuming responsibility (?) before Heaven and the community to which the person belongs. This view of humans as being embedded in communities and as centers of responsibility in the secular and transcendental dimensions is apparently different from the Western philosophical view of humans as rational beings with the capacity to act according to the universal law, but still defends human rights and the democratic development of society. Key words: human rights, philosophical foundation, Confucianism. (shrink)

Human beings are spending less time in nature than previous generations. Without opportunities to interact with nature, we are unable to forge deeper connections with the natural world, leading to indifference and unwillingness to protect it. At the same time, climate change has led to biodiversity loss and new threats such as pandemics, making the issue of the disconnection between humans and nature even more pertinent. This article proposes a modified human rights-based framework to education that incorporates (...) nature as an integral part. I draw on UNESCO’s framework for the human rights-based approach to education which entails three distinct dimensions: access to education, educational quality, and educational environment. I argue that introducing nature as a crucial part of the educational environment can contribute to upholding both human rights and the fundamental rights of nature. By drawing on ecopedagogy and Indigenous beliefs underlining a harmonious relationship with nature, we can move away from the current anthropocentric approach and address the environmental crisis in a meaningful way. (shrink)

Resolutions in the United Nations Human Rights Council and General Assembly provide clarification of economic, social, and cultural (ESC) rights, and most of these resolutions pass by consensus. Yet these resolutions are more contentious than they appear. This article analyzes a case study of contestation over resolutions on two ESC rights: water and sanitation. Drawing from theories of norms contestation, this article analyzes how the USA, UK, and Canada challenged the creation of the rights to (...) water and sanitation as rights and as norms. An analysis of all resolutions, archival research, and interview data reveals that while challengers failed to stop water and sanitation from becoming legal human rights, they successfully delayed the process and weakened the normative aspect of the rights. The findings show that while powerful actors may not be opposed to ESC rights in theory, they worked to keep these rights weak and aspirational. (shrink)

To address some questions in global biomedical ethics, three problems about cultural moral differences and alleged differences in Eastern and Western cultures are addressed: The first is whether the East has fundamentally different moral traditions from those in the West. Concentrating on Japan and the United States, it is argued that theses of profound and fundamental East-West differences are dubious because of many forms of shared morality. The second is whether human rights theory is a Western invention with (...) no firm traditions in Eastern moral traditions. It is argued that this thesis is unsupported both historically and in contemporary bioethics. The third problem is whether multiculturalist theory casts doubt on claims of universal principles and rights. It is argued that the reverse is true: multiculturalism is a universalistic theory. The argument throughout supports common morality theory. (shrink)

In his famous Der Nomos der Erde, while discussing the foundational role of Francisco de Vitoria’s work for the emergence of international law, especially with regard to the legal and political justifications of the territorial conquest of a new world, Carl Schmitt—quite well-known as an enemy of modern and contemporary humanism—offers the following reflection.

Every year approximately 18 million people die prematurely from treatable medical conditions including infectious diseases and nutritional deficiencies. The deaths occur primarily amongst the poorest citizens of poor developing nations. Various groups and individuals have advanced plans for major international medical aid to avert many of these unnecessary deaths. For example, the World Health Organization's Commission on Macroeconomics and Health estimated that eight million premature deaths could be prevented annually by interventions costing roughly US$57 bn per year. This essay advances (...) an argument that human rights require high-income nations to provide such aid. The essay briefly examines John Rawls' obligations of justice and the reasons that their applicability to cases of international medical aid remains controversial. Regardless, the essay argues that purely humanitarian obligations bind the governments and citizens of high-income liberal democracies at a minimum to provide major medical aid to avert premature deaths in poor nations. In refusing to undertake such medical relief efforts, developed nations fail to adequately protect a fundamental human right to life. (shrink)