An illustrative comparison of human rights in 1948 and the contemporary period, attempting to gauge the impact of globalization on changes in the content of human rights (e.g., collective rights, women's rights, right to a healthy environment), major abusers and guarantors of human rights (e.g., state actors, transnational corporations, social movements), and alternative justifications of human rights (e.g., pragmatic agreement, moral intuitionism, overlapping consensus, cross-cultural dialogue).

"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.

This paper addresses three commentaries on Victims' Stories and the Advancement of Human Rights. In response to Vittorio Bufacchi, it argues that asking victims to tell their stories needn't be coercive or unjust and that victims are entitled to decide whether and under what conditions to tell their stories. In response to Serene Khader, it argues that empathy with victims' stories can contribute to building a culture of human rights provided that measures are taken to overcome (...) the implicit biases and colonialist interpellations she identifies. In response to Andrea Westlund, it proposes a taxonomy of types of narrative closure and offers some arguments to strengthen her view that empathy with victims' stories endows audience members with a new reason and new motivation to support human rights. (shrink)

This paper is about human rights and policing in Bangladesh, with special focus on the role of National Human Rights Commission. The protection and promotion of human rights in Bangladesh has become difficult as the law enforcement agencies, particularly the police and the Rapid Action Battalion, are involved in human rights violations. An overall culture of impunity for human rights violations exists in Bangladesh. The National Human Rights Commission (...) appears to have failed to break the culture of impunity in Bangladeshi politics. This paper explains the reasons why the National Human Rights Commission in Bangladesh largely fails to make the political system in particular law enforcement agencies accountable. (shrink)

This paper is about human rights and policing in Bangladesh, with special focus on the role of National Human Rights Commission. The protection and promotion of human rights in Bangladesh has become difficult as the law enforcement agencies, particularly the police and the Rapid Action Battalion, are involved in human rights violations. An overall culture of impunity for human rights violations exists in Bangladesh. The National Human Rights Commission (...) appears to have failed to break the culture of impunity in Bangladeshi politics. This paper explains the reasons why the National Human Rights Commission in Bangladesh largely fails to make the political system in particular law enforcement agencies accountable. (shrink)

Multinational enterprises are aware of their responsibility to protect human rights now more than ever, but severe human rights violations, including physical integrity abuses, continue unabated. To explore this puzzle, we engage theoretically with the means-ends decoupling literature to examine if and when oil and gas firms’ policies and practices prevent severe human rights abuse. Using an original dataset, we identify two pathways to mitigate means-ends decoupling: while human rights policies alone do (...) not reduce human rights abuses, firms with a high-quality human rights policy over the long-term reduce severe human rights abuses; firms that combine preparedness—which we define as a firm’s capabilities, practices, and engagement—with a long-term human rights policy also reduce the likelihood of human rights abuses. Preparedness, we argue, can lead to reinforcement dynamics between long-term policy efforts and additional capabilities that provide a more holistic understanding of firm behavior. (shrink)

In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like (...) institution) fails to protect human rights, it loses its moral status and becomes liable to both internal and external interference. I argue that this account not only steers a middle course between so-called natural-law and political approaches to human rights but also satisfies three important theoretical desiderata— explanatory power, functional specificity, and critical capacity. (shrink)

This book presents a historical perspective on patterns of human rights abuse in Cuba, El Salvador and Nicaragua and incorporates international relations in to the traditional theories of state repression found within the social sciences.

We ask what type of neutralization techniques corporations apply to allegations of human rights abuses. We proceed by undertaking a Qualitative Content Analysis of 162 responses by ten extractives-sector firms over a period of 14 years. The firms were responding to accusations of human rights impacts documented by the Business and Human Rights Resource Centre. We use Garrett et al.’s :507–520, 1989) framework of neutralization techniques consisting of denial, justification, concession and excuse to examine (...) the responses. During our QCA, we observed emerging themes around self-promotion and evasive tactics. We contribute to existing literature by proposing ‘evasion’ as a novel neutralization technique, particularly in circumstances of corporate responses to accusations of wrongdoing. We argue that evasion occurs when firms refuse to engage in the debate brought forward in an accusation. In addition, we enrich our understanding of neutralization techniques by proposing subneutralization techniques in our analysis to diverge from that of other studies. We conclude by discussing the implications of the predominance of corporate narcissism and evasive neutralization techniques to the business and human rights movement and other international corporate responsibility standards. (shrink)

Medical collaboration with authoritarian regimes historically has served to facilitate the use of torture as a tool of repression and to justify atrocities with the language of public health. Because scholarship on medicalized killing and biomedicalist rhetoric and ideology is heavily focused on Nazi Germany, this article seeks to expand the discourse to include other periods in which medicalized torture occurred, specifically in Argentina from 1976 to 1983, when the country was ruled by the Proceso de Reorganización Nacional military regime. (...) The extent to which medical personnel embedded themselves within the Proceso regime’s killing apparatus has escaped full recognition by both scholars and human rights activists. This article reconstructs the narrative of the Proceso’s human rights abuses to argue that health professionals knowingly and often enthusiastically facilitated, oversaw, and participated in every phase of the “disappearance,” torture, and mass murder process. (shrink)

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 donor governments do not punish recipient leaders by scaling back on government-to-government aid, which is more fungible, despite public condemnations of their human rights practices owing largely to strategic concerns. These results are robust to a number of alternative data and estimation techniques. (shrink)

Abstract Today’s scholarship and policymaking on business and human rights (BHR) urges businesses to better understand their human rights responsibilities and remedy them, when and if abuses do occur. Despite the public discourse about businesses and human rights, the state—as the main duty bearer in international human rights law—plays a fundamental role as the protector and enforcer of human rights obligations. Yet, the existing literature overlooks state involvement as perpetrators of (...) abuse in the corporate context. We develop the term _economic complicity_ to shed light on the state’s role in directly or indirectly abusing human rights within a corporation’s sphere of influence, such as police violence toward nonviolent protesters or granting environmental licenses without adhering to legally required community consultations. We ask: What contributes to the state’s engagement in economic complicity in corporate human rights abuses? We assess hypotheses emergent from the democratic change and development studies literatures with a unique database that includes economic complicity data from Latin America, the Corporations and Human Rights Database (CHRD). This research has important theoretical implications for the business ethics and BHR literatures, as understanding economic complicity highlights the need for business actors to avoid shirking their moral responsibilities to not only ‘do no harm’ but also to protect human rights when they are threatened by the state. (shrink)

Elder abuse is a significant social issue in society. Although this area has generated an increasing research base, there is scant literature on elder abuse viewed through the lens of ageism and its sway on human rights and citizenship. These three perspectives on the topic allow for a meaningful and equitable benchmark from which elder abuse may be considered. Ageism influences the way human rights and citizenship are articulated for older people and is conceptualised as stereotypical (...) views of older people leading to prejudiced attitudes, actions and societal marginalisation. Such attitudes function to both disadvantage and devalue older people providing a covert basis for societal tolerance of elder abuse. This paper reviews pertinent literature in the area of elder abuse, human rights, citizenship and ageism, and argues that although society aspires to certain ideals in terms of equality and valuing the human individual, these aspirations may often be questionable in terms of older people and abuse. (shrink)

Human rights defenders (HRDs) fight for various human rights and address concerns related to corruption, employment, the environment, and other issues. They also challenge powerful state and private stakeholders and seek justice for human rights abuses. Therefore, HRDs are increasingly becoming targets of violent attacks and abuse with the aim of silencing them. This article begins by providing a brief definition of HRDs and then proceeds to outline the risks associated with their work in (...) defending human rights. It also identifies the perpetrators responsible for these violations. The article categorises the types of abuses against HRDs into two main categories, with a particular focus on the widespread tactic of using the legal system to target and silence defenders in Europe, which is also emerging globally. It introduces a taxonomy of various types of violations through the legal system. By categorising the types of violations against HRDs and establishing a taxonomy to aid in identifying these tactics, the article seeks to deepen understanding and awareness of the varied abuses experienced by HRDs, as well as their deviation from human rights standards, providing a valuable resource for academics, practitioners, and defenders. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into (...) their accounts, it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

This paper investigates necessary conditions for developing a participatory, rightsholder-driven approach to remedy for business-related human rights abuses by analyzing findings from a case study with the Fair Food Program. With the inclusion of human rights into discussions of business ethics and CSR, scholars and practitioners have made calls for participatory approaches to remedy to address cases of human rights abuses. However, a gap remains in our understanding of how to operationalize participatory approaches in (...) a manner that empowers rightsholders, particularly within contexts of severe power imbalances. The paper puts forth a rightsholder-driven theoretical framework for remedy, grounded on critical dialogic accountability principles and integrated with empirical analysis from the Fair Food Program case study. This framework defines remedy as a system comprising reinforcing aspects rather than standalone mechanisms. The critical dialogic accounting and accountability framework provides a theoretical framing of engagement that enables the inclusion of multiple, divergent voices and aims toward meaningful engagement with marginalized groups. The analysis of findings from the case study identifies enforcement and education as necessary conditions for effective and empowering rightsholder-driven approaches to remedy. The paper deconstructs these conditions to develop an understanding of the program’s unique approach to enforcement and education. The paper concludes by discussing the implications of rightsholder-driven remedy for Business and Human Rights and business accountability. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect (...) of human rights is a perfect moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (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)

Notwithstanding universities’ many laudable aims, incidents of serious bullying, academic harassment and sexual harassment in academic settings are reported with increasing regularity globally. However, the human rights violations involved in bullying and academic harassment have not received attention by the literature. In this article, we pierce the veil of silence surrounding university environments and provide a systematic account of the breaches of international and European human rights law involved in academic bullying and harassment. By adopting a (...) socio-legal lens, we shed light onto such practices and tactics, the breaches of specific human rights and norms and the reluctance of states and regulators to intervene in what is perceived to be universities’ ‘sovereign’ sphere of jurisdiction in order to prevent human rights’ violations and to protect the victims of human rights abuse. We call for a multi-faceted and multi-agency approach to tackle academic bullying and harassment, and make a number of institutional and policy recommendations to ensure universities’ compliance with human rights standards and the effective protection of academics under attack. (shrink)

This book argues that ultimately human rights can be actualized, in two senses. By answering important challenges to them, the real-world relevance of human rights can be brought out; and people worldwide can be motivated as needed for realizing human rights. Taking a perspective from moral and political philosophy, the book focuses on two challenges to human rights that have until now received little attention, but that need to be addressed if (...) class='Hi'>human rights are to remain plausible as a global ideal. Firstly, the challenge of global inequality: how, if at all, can one be sincerely committed to human rights in a structurally greatly unequal world that produces widespread inequalities of human rights protection? Secondly, the challenge of future people: how to adequately include future people in human rights, and how to set adequate priorities between the present and the future, especially in times of climate change? The book also asks whether people worldwide can be motivated to do what it takes to realize human rights. Furthermore, it considers the common and prominent challenges of relativism and of the political abuse of human rights. This book will be of key interest to scholars and students of human rights, political philosophy, and more broadly political theory, philosophy and the wider social sciences. **Open access**, Table of contents: 1. Introduction: Two New Challenges to Human Rights and the Question of Motivation Part I: Preparing the Ground 2. Human Rights: A Conception 3. Common Challenges to Human Rights: The Relativist and the Political Pawns Challenge Part II: Novel Challenges to Human Rights 4. The Challenge of Global Inequality 5. The Challenge of Future People Part III: Getting to Realization 6. The Question of Motivation: Can People Be Motivated as Needed for Realizing Human Rights? 7. Conclusion. (shrink)

As much as we can be squeamish and angry over what was being done in these studies, they force us to consider how we tell these stories and the policy we make now, as so much of our research is global and the risks and benefits of experimentation always in need of recalibration.Susan M. ReverbyA growing distrust exists among Latin American populations as past abuses in medical research have rightly been publicized, and as researchers continue to intentionally and unintentionally circumvent (...) the systems of regulation and oversight. Beyond the cultural gaps between researcher and subject, the Latin American people have their own perspectives about responsible conduct of research formed by sociopolitical thought and familial and community identity, which may be overlooked or ignored by the U.S. and other foreign nations. Just as the Havasupai Tribe in Arizona have challenged us to think about the role of culture and the need for improved regulations and practices in conducting research within the United States, through past abuses in human experimentation and the emergence of discourse between our Latin American neighbors, similar challenges confront us. (shrink)

Human Rights and the Ethics of Globalization provides a balanced, thoughtful discussion of the globalization of the economy and the ethical considerations inherent in the many changes it has prompted. The book's introduction maps out the philosophical foundations for constructing an ethic of globalization, taking into account both traditional and contemporary sources. These ideals are applied to four specific test cases: the ethics of investing in China, the case study of the Firestone company's presence in Liberia, free-trade and (...) fair-trade issues pertaining to the coffee trade with Ethiopia and the use of low-wage factories in Mexico to serve the US market. The book concludes with a comprehensive discussion of how to enforce global compliance with basic human rights standards, with particular attention to stopping abuses by multinational corporations through litigation under the Alien Tort Claims Act. (shrink)

When we think of human rights we assume that they are meant to protect people from serious social, legal, and political abuses, and to advance global justice. In _Human Rights and the Care of the Self_, Alexandre Lefebvre turns this assumption on its head, showing how the value of human rights also lies in enabling ethical practices of self-transformation. Drawing on Foucault's notion of 'care of the self', Lefebvre turns to some of the most celebrated (...) authors and activists in the history of human rights–such as Mary Wollstonecraft, Henri Bergson, Eleanor Roosevelt, and Charles Malik–to discover a vision of human rights as a tool for individuals to work on, improve, and transform themselves for their own sake. This new perspective allows us to appreciate a crucial dimension of human rights, one that can help us to care for ourselves in light of pressing social and psychological problems, such as loneliness, fear, hatred, patriarchy, meaninglessness, boredom, and indignity. (shrink)

The under-reporting of sexual abuse reduces the chances of winning the battle against sexual abuse of women and children in Zimbabwe. It leaves girl children powerless and vulnerable, despite the country’s determination to put an end to injustice and gender discrimination in line with the Sustainable Development Goals (SDGs), in particular, SDG 5, which focuses on gender and equality, and SDG 16, which is concerned with justice and peace. The aim of this study was to explore the barriers to reporting (...) sexual abuse in Ruwa. Informed by the human rights-based approach, the study adopted a quantitative research design. Survey data were solicited from 51 randomly selected female respondents. Results revealed that 69% of the respondents were abused, yet only 2% of the total respondents reported the abuse to authorities, while 67% did not report incidences of abuse. About 98% of respondents believed that most sexual abuse cases in Ruwa went unreported. Results also showed that barriers to reporting sexual abuses comprised cultural and economic factors, most of which were characterised by shame, embarrassment, and fear, as well as the desire to protect male breadwinners. The results are consistent with existing literature generalisations on sexual abuse, particularly in terms of the prevalence of sexual abuse and under-reporting. It is also argued that culture is the determinant factor for most of the barriers to reporting sexual abuse, as well as the effects of reporting.Based on the results and in view of promoting and protecting human rights associated with sexuality, the study recommends that local authorities and social institutions implement awareness programmes and campaigns on reporting sexual abuse in the community.Contribution: This study is the first of its kind in Ruwa. Its significance is embedded in how it reflects on the role played by culture, religion and societal views on matters of sexual abuse. (shrink)

A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children (...) and legal implications, the authors advance a trauma-informed approach to human rights. The approach considers the experiences of trauma associated with physical abuse, sexual abuse, neglect, psychological/emotional abuse, community violence, natural disasters, serious accidents, parental death/grief, medical procedures and conditions, and terrorism. In the case of violations including rape and torture, the paper Torture by means of Rape concerns the psychological suffering of victims of rape, abuse, and torture in light of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As for the jurisprudence of international human rights bodies, the advancement of a psychology-informed view of human rights is noticeable. Take the example of the Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment on Biopsychosocial factors conducive to torture and ill-treatment. The Report explores the root causes of the current worldwide complacency concerning torture and ill-treatment and recommends the urgent and proactive incorporation of science-based conclusions into ongoing, policy-based global governance reform processes. Further, the report provides that the root cause of the systemic governance failure is attributed to the generic biopsychosocial factors that have shaped human decision-making throughout history, irrespective of national, cultural, religious, or other distinctive influences. Since the two fields are creating a landscape of new concepts and perspectives, one may study this interface broadly under three headings; (a) Psychology in Human Rights. (b) Rights-Based Approach to Psychological Science and Research. (c) Psychology and Human Rights in Law and Policy. (shrink)

"A type of book we always long to read for peace and joy in any nation, Father Dr. JoeBarth Abba touched many areas amidst orgies of circles of terrorisms, Islamic insurgents with key solutions for psycho-dialogical ways on cultural ethnic tensions for conflicts resolution." --Gerhard Ludwig Cardinal Mueller, Vatican, Rome ***The book presents an inquiry into the thoughts and scholasticism of Thomas Aquinas, his classical philosophical synthesis, his insights, and the quest for Justice and Human Rights as a (...) panacea or desired urgent solution to racial justice, abuse of human life, and human rights. Dissertation. (Series: Philosophy / Philosophie, Vol. 108) [Subject: African Studies, Human Rights Studies, Philosophy, Christian Studies, Thomas Aquinas]. (shrink)

A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children (...) and legal implications, the authors advance a trauma-informed approach to human rights. The approach considers the experiences of trauma associated with physical abuse, sexual abuse, neglect, psychological/emotional abuse, community violence, natural disasters, serious accidents, parental death/grief, medical procedures and conditions, and terrorism. In the case of violations including rape and torture, the paper Torture by means of Rape concerns the psychological suffering of victims of rape, abuse, and torture in light of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. -/- As for the jurisprudence of international human rights bodies, the advancement of a psychology-informed view of human rights is noticeable. Take the example of the Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment on Biopsychosocial factors conducive to torture and ill-treatment. The Report explores the root causes of the current worldwide complacency concerning torture and ill-treatment and recommends the urgent and proactive incorporation of science-based conclusions into ongoing, policy-based global governance reform processes. Further, the report provides that the root cause of the systemic governance failure is attributed to the generic biopsychosocial factors that have shaped human decision-making throughout history, irrespective of national, cultural, religious, or other distinctive influences. -/- Since the two fields are creating a landscape of new concepts and perspectives, one may study this interface broadly under three headings; -/- (a) Psychology in Human Rights. (b) Rights-Based Approach to Psychological Science and Research. (c) Psychology and Human Rights in Law and Policy. (shrink)

This paper examines how international law contributes to contemporary understandings of transitional justice with respect to reparations for victims of gross and systematic human rights abuses. The author surveys the jurisprudence of the Inter-American Court of Human Rights through 2003 to determine how the Court’s practice can be used to guide the formulation of reparatory policies during political transition. Recognizing that the direct application of Inter-American case law to situations of mass atrocity is not always viable (...) in practice, the author analyzes regional human rights jurisprudence, particularly that relating to compensation, to determine what role the Court’s rules can and cannot play as a reference for policymakers and societies faced with the challenge of designing a reparations program. He concludes that while landmark Court decisions like Velásquez Rodríguez provide general normative guidance, there are significant obstacles to extending to the transitional justice context many of the measures, amounts, and formulas relied upon by the Court in awarding compensation. The fairness of compensation outside the courtroom cannot be determined with reference to predetermined rules, but depends on the factual context in which the measures are adopted including the number of victims involved. A better source of comparative inspiration is found in the Court’s growing practice of adopting non-monetary reparations measures to deal with moral harm. (shrink)

This paper provides a synopsis of the human rights enforcement in Bangladesh, which marks its 50 years in 2021 since its independence. After a theoretical background on how human rights are perceived as legal and political instruments, it critically discusses human rights provisions and explores the legal and institutional frameworks on human rights enforcement in Bangladesh—(re)construed in 50 years (1971–2021). Finally, it divulges the controversies in human rights enforcement and a (...) roadmap to address them by making some suggestions: multiple legislative, administrative, and judicial reforms are required to tackle human rights abuses to ensure punishment for the abusers and restitution for the victims. The paper concludes with the notion that the positive will of the relevant stakeholders (legislature, executive, and judiciary) is the key to upholding and protecting the human rights of Bangladeshi citizens. The significance of this paper lies in exploring the complexities associated with the laws and insular national politics, which often debars the enforcement of human rights and crucially compromises Bangladesh’s ability to empower its citizens. (shrink)

Fragmented social relations, the twin demise of authority and tradition, the breakdown of behavioural norms and constraints: all these are the outcome, according to their critics, of the uses and abuses of human rights in contemporary democratic societies. We are, they say, seeing the perverse effects of a 'religion of human rights' to which Europe has rashly devoted its heart and mind; and the supposed burgeoning of rights, which goes hand in hand with an unchecked (...) rise of expectations, is catapulting Western democracies into an age of never-ending demands. This emerged clearly in France in Spring 2013 during the demonstrations against equal marriage ('mariage pour tous') whose opponents deplored the excesses of a movement-driven left striving for an unbounded extension of rights - from the right to same-sex marriage to the enfranchisement of non-nationals or the right of same-sex couples to adopt. (shrink)

History plays an important role in the philosophy of human rights, more so than in philosophical discussions on related concepts, such as justice. History tends to be used in order to make it credible that there is a tradition of rights as a moral idea, or an ethical ideal, that transcends national boundaries. In the example that I investigate in this chapter, this moral idea is tightly spun around the moral dignity of the human person. There (...) has been a shift in conceptions of human rights during the twentieth century, from ‘politics of the state to the morality of the globe’. Rather than figuring in, or as, constitutional principles of the political life of a polity and the relation between a state and its members, the notion of rights has come to serve as the name of a state- and politics-transcending ethical position on the status of the human person, and the relations between human persons. Given that this move from politics of the state to morality of the globe is a recent one, it goes without saying that trying to ground a state-transcending morality of human rights with the help of early modern history is problematic. Still, philosophers of this kind of morality of human rights are prone to claiming, for their accounts, a long-standing human rights tradition that, frankly, is not there, at least not in that form. One example is James Griffin, whose reliance on what he refers to as a historical notion of human rights is the focus of my critical discussion here. Griffin claims that ‘our’ concept of human rights is a product of eighteenth century Enlightenment thought. If ‘our’ concept of human rights is Griffin’s concept, then his claim is false – as I show. I agree, however, that the eighteenth century is a pivotal moment, but if we wish to understand natural rights in eighteenth century thought, we need to grasp the fact that power over others, and the capacity of those who hold that power to also abuse it, was not a contingent concern, or merely part of the extension of a concept defined prior to, or independently of, any such concern. It was built into the concept itself; it was its very point. (shrink)

The consequences of foreign direct investment (FDI) for human rights protection are poorly understood. We propose that the impact of FDI varies across industries. In particular, extractive firms in the oil and mining industries go where the resources are located and are bound to such investment, which creates a status quo bias among them when it comes to supporting repressive rulers (“location-bound effect”). The same is not true for nonextractive multinational corporations (MNCs) in manufacturing or services, which can, (...) in comparison, exit problematic countries more easily. We also propose that strong democratic institutions can alleviate negative impacts of extractive FDI on human rights (“democratic safeguard effect”). Using U.S. FDI broken up into extractive and nonextractive industries in 157 host countries (1999–2015), we find support for these propositions.1 Extractive FDI is associated with more human rights abuse, but nonextractive FDI is associated with less abuse, after controlling for other factors, including concerns about endogeneity. We find also that the negative human rights impact of extractive FDI vanishes in countries where democratic institutions are stronger. Our results are robust to a range of alternative estimation techniques. (shrink)

Retribution? Restitution? Reconciliation? “Justice” comes in many forms as witnessed by the spike in war crimes tribunals, Truth & Reconciliation Commissions, hybrid tribunals and genocide trials. Which, if any form is appropriate should be influenced by the culture of the people affected. It took Cambodia over three decades to finally address the ghosts of its Khmer Rouge past with the creation of a hybrid Khmer Rouge Tribunal. But how meaningful is justice to the majority of survivors of the Khmer Rouge (...) auto-genocide when only a handful of top officials are tried? Further, given the persistent abuse of political and economic rights in post-conflict Cambodia, we are skeptical that justice or reconciliation is presently possible. (shrink)

Economics plays a key role in human rights issues as decision-makers weigh the incentives associated with choosing how to use scarce resources in the context of committing or escaping human rights violence. This textbook provides an introduction to the microeconomic analysis of human rights utilizing economics as a lens through which to examine social topics including capital punishment, violence against women, asylum seeking, terrorism, child abuse, genocide, and hate. Whether analyzing the decisions made in (...) capital punishment cases, the causes and consequences of genocide, or the impact of terrorist acts on domestic and international decision-making, the science of economics provides tools and a systematic method of analysis and policy recommendation. This key text presents a method for integrating the social sciences of economics and human rights to create new opportunities for the investigation of social issues. Within each chapter, readers gain a fundamental understanding of a specific human rights issue, the decision-makers and the decision-making process involved, and the benefits and costs leading to the decisions. Experts on each issue, drawn from a variety of fields, contribute to each chapter and present first-hand accounts and different perspectives on each issue. The detailed analyses and accounts provided also explore the potential incentives involved in the prevention and termination of human rights violations. Aiming to further economic inquiry and enhance interdisciplinary research, this textbook serves as a multi-purpose guide for a range of readers. Students, researchers, and educators, as well as those working in organizations supporting victims of human rights violations and policy-makers facing human rights challenges, will find this book informative and engaging. (shrink)

This article examines Henri Bergson’s conception of human rights in The Two Sources of Morality and Religion. I claim that he provides an original view of human rights. Rather than understand human rights primarily as an institution to protect all human beings from serious social, legal, and political abuse, Bergson conceives of them as a medium of personal transformation. In particular, I argue that for him the true potential of human rights (...) is to initiate all human beings into a way of life open to love and joy. (shrink)

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the (...) lives of individuals, and particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. conomic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. (shrink)

The purpose of this article is to call for the formulation and adoption of a declaration on the universal rights and duties of business. We do not attempt to define the specific contents of such a declaration, but rather attempt to explain why such a declaration is needed and what would be some of its general characteristics. The catalyst for this call was the recognition that even under optimal conditions, good companies sometimes are susceptible to moral lapses, and when (...) companies undertake ventures in authoritarian countries with poor human rights records, even those with the best intentions may find themselves drawn into complicity in human rights abuses. There, market exigencies may persuade them to leave their codes of ethics and commitments to human rights at home. Pragmatism, it would seem, requires thatthey accept the ethical inconsistencies that follow from a “When in Rome, do as they Romans do” outlook. When facing the moral dilemma about whether or not to invest in human rights abusing countries, companies are offered two alternatives: they can operate in those countries and accept potential complicity or they can stay away. We suggest, however, that a preferable option is to address the underlying problem, and to this end we advocate the promulgation of a declaration for business that is comparable to the Universal Declaration of Human Rights. Our proposed name for this is the “Declaration on the Universal Rights and Duties of Business.” To be effective, such a declaration would require enforcement mechanisms. To illustrate this issue, we focus on China, not because China is unique in its human rights abuses, but because China occupies such a central place in the globalization efforts of the major companies from around the world. A robust international declaration is needed to provide a common framework for the practice of consistent and fair business competition everywhere. (shrink)

The emotions surrounding the question of Kosovo’s future owe their intensity to the long history of human rights abuses in the province. The years 1945–1966 and 1987–1999, in particular, saw harsh repression of local Albanians and a systematic favoring of local Serbs. Since June 1999, the province has been under international supervision, and, in this period, Serbs complain that they have been the victims of repeated acts of violence at the hands of Albanians. This article provides an overview (...) of human rights abuses since 1945 and closes with a brief assessment of the international plan presented by UN mediator Martti Ahtisaari in February 2007. (shrink)

Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper (...) offers an institutional account of the expansion of NGO externalization opportunities from the CHR to the HRC, and during UPR institution building and Egypt’s 2010 UPR. It draws on 45 longitudinal, open-ended interviews with Egyptian human rights activists, donors, and other observers conducted in 2007 and 2010. (shrink)

Human trafficking for organ removal (HTOR) should not be reduced to a problem of supply and demand of organs for transplantation, a problem of organized crime and criminal justice, or a problem of voiceless, abandoned victims. Rather, HTOR is at once an egregious human rights abuse and a form of human trafficking. As such, it demands a human-rights based approach in analysis and response to this problem, placing the victim at the center of initiatives (...) to combat this phenomenon. Such an approach requires us to consider how various measures impact or disregard victims/potential victims of HTOR and gives us tools to better advocate their interests, rights and freedoms. (shrink)

This paper examines the contributions that the international human rights community can make to the definition and framing of a practically effective global ethic, especially in light of ongoing concerns about social and economic justice, environmental issues, and systematic abuses of vulnerable populations. The principal argument is that the human rights movement in all of its dimensions (moral, legal, political) provides the pivotal foundation for a practicable global ethic now and for the foreseeable future. Evidence for (...) the truth of this claim is discerned in the movement's contemporary efforts to intersect explicitly with other areas of international law and politics. Examples adduced include developments with respect to the rights of indigenous peoples, decision making about the environment, and transitional justice. (shrink)

Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and (...) CRC. This article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law. (shrink)

Human rights declarations are instruments used to introduce universal standards of ethics. The UN’s Protect, Respect, and Remedy Framework (Ruggie, Protect, respect, and remedy: A Framework for business and human rights. UN Doc A/HRC/8/5, 2008; Guiding principles on business and human rights: Implementing the United Nations “Protect, Respect, and Remedy” framework. UN Doc A/HRC/17/31, 2011) intends to provide guidance for corporate behavior in regard to human rights. This article applies concepts from the (...) field of organizational justice to the arena of business and human rights for the purpose of operationalizing the UN Framework. This approach facilitates the recognition of gaps between perceptions of justice held by stakeholders versus businesses and/or the State. Such recognition raises the potential for addressing issues that lead to divergent perceptions of justice, thus potentially improving the human rights performance of businesses. The research also shows the potential for complicity of businesses in human rights abuses and exposes a fundamental weakness in the UN Framework, which attempts to draw a sharp distinction between duties of States versus responsibilities of business. We illustrate this approach through analysis of the case of Goldcorp’s Marlin Mine in Guatemala; an extractive industry project that affects indigenous communities. (shrink)

Victim's Stories and the Advancement of Human Rights takes on a set of questions suggested by the worldwide persistence of human rights abuse and the prevalence of victims' stories in human rights campaigns, truth commissions, and international criminal tribunals: What conceptions of victims are presumed in contemporary human rights discourse? How do conventional narrative templates fail victims of human rights abuse and resist raising novel human rights issues? What (...) is empathy, and how can victims frame their stories to overcome empathetic obstacles and promote commitment to human rights? How can victims' stories be used ethically in the service of human rights? The book addresses these concerns by analyzing the rhetorical resources for and constraints on victims' ability to articulate their stories and by clarifying how their stories can contribute to enlarged understandings of human rights protections and deepened commitments to realizing human rights. It theorizes the normative content that victims' stories can convey and the bearing of that normative content on human rights. Throughout the book, published victims' stories-including stories of torture, slavery, genocide, rape in wartime, and child soldiering-are analyzed in conjunction with philosophical arguments. This book mobilizes philosophical theory to illuminate victims' stories and appeals to victims' stories to enrich the philosophy of human rights. (shrink)