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Human Rights (human + right)
Kinds of Human Rights Terms modified by Human Rights Selected Abstracts,EVEN IF YOU'RE POSITIVE, YOU STILL HAVE RIGHTS BECAUSE YOU ARE A PERSON': HUMAN RIGHTS AND THE REPRODUCTIVE CHOICE OF HIV-POSITIVE PERSONSDEVELOPING WORLD BIOETHICS, Issue 1 2008LESLIE LONDON ABSTRACT Global debates in approaches to HIV/AIDS control have recently moved away from a uniformly strong human rights-based focus. Public health utilitarianism has become increasingly important in shaping national and international policies. However, potentially contradictory imperatives may require reconciliation of individual reproductive and other human rights with public health objectives. Current reproductive health guidelines remain largely nonprescriptive on the advisability of pregnancy amongst HIV-positive couples, mainly relying on effective counselling to enable autonomous decision-making by clients. Yet, health care provider values and attitudes may substantially impact on the effectiveness of nonprescriptive guidelines, particularly where social norms and stereotypes regarding childbearing are powerful, and where providers are subjected to dual loyalty pressures, with potentially adverse impacts on rights of service users. Data from a study of user experiences and perceptions of reproductive and HIV/AIDS services are used to illustrate a rights analysis of how reproductive health policy should integrate a rights perspective into the way services engage with HIV-positive persons and their reproductive choices. The analysis draws on recognised tools developed to evaluate health policies for their human rights impacts and on a model developed for health equity research in South Africa to argue for greater recognition of agency on the part of persons affected by HIV/AIDS in the development and content of policies on reproductive choices. We conclude by proposing strategies that are based upon a synergy between human rights and public health approaches to policy on reproductive health choices for persons with HIV/AIDS. [source] UNIVERSAL DRAFT DECLARATION ON BIOETHICS AND HUMAN RIGHTSDEVELOPING WORLD BIOETHICS, Issue 3 2005Cultural Organization, Scientific, United Nations Educational First page of article [source] THE IMPACT OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS ON THE STUDY OF HISTORYHISTORY AND THEORY, Issue 1 2009ANTOON DE BAETS ABSTRACT There is perhaps no text with a broader impact on our lives than the 1948 Universal Declaration of Human Rights (UDHR). It is strange, therefore, that historians have paid so little attention to the UDHR. I argue that its potential impact on the study of history is profound. After asking whether the UDHR contains a general view of history, I address the consequences of the UDHR for the rights and duties of historians, and explain how it deals with their subjects of study. I demonstrate that the UDHR is a direct source of five important rights for historians: the rights to free expression and information, to meet and found associations, to intellectual property, to academic freedom, and to silence. It is also an indirect source of three duties for historians: the duties to produce expert knowledge about the past, to disseminate it, and to teach about it. I discuss the limits to, and conflicts among, these rights and duties. The UDHR also has an impact on historians' subjects of study: I argue that the UDHR applies to the living but not to the dead, and that, consequently, it is a compass for studying recent rather than remote historical injustice. Nevertheless, and although it is itself silent about historians' core duties to find and tell the truth, the UDHR firmly supports an emerging imprescriptible right to the truth, which in crucial respects is nothing less than a right to history. If the UDHR is a "Magna Carta of all men everywhere," it surely is one for all historians. [source] COSMOPOLITANISM AND HUMAN RIGHTS: RADICALISM IN A GLOBAL AGEMETAPHILOSOPHY, Issue 1 2009ROBERT FINE Abstract: The cosmopolitan imagination constructs a world order in which the idea of human rights is an operative principle of justice. Does it also construct an idealisation of human rights? The radicality of Enlightenment cosmopolitanism, as developed by Kant, lay in its analysis of the roots of organised violence in the modern world and its visionary programme for changing the world. Today, the temptation that faces the cosmopolitan imagination is to turn itself into an endorsement of the existing order of human rights without a corresponding critical analysis of the roots of contemporary violence. Is the critical idealism associated with Kantian cosmopolitanism at risk of transmutation into an uncritical positivism? We find two prevailing approaches: either the constitutional framework of the existing world order is presented as the realisation of the cosmopolitan vision, or cosmopolitanism is turned into a utopian vision of a world order in which power is subordinated to the rule of international law. I suggest that the difficulties associated with both wings of cosmopolitanism threaten the legitimacy of the project and call for an understanding and culture of human rights that is less exclusively "conceptual" and more firmly grounded in social theory. [source] STRUCTURING GLOBAL DEMOCRACY: POLITICAL COMMUNITIES, UNIVERSAL HUMAN RIGHTS, AND TRANSNATIONAL REPRESENTATIONMETAPHILOSOPHY, Issue 1 2009CAROL C. GOULD Abstract: The emergence of cross-border communities and transnational associations requires new ways of thinking about the norms involved in democracy in a globalized world. Given the significance of human rights fulfillment, including social and economic rights, I argue here for giving weight to the claims of political communities while also recognizing the need for input by distant others into the decisions of global governance institutions that affect them. I develop two criteria for addressing the scope of democratization in transnational contexts,common activities and impact on basic human rights,and argue for their compatibility. I then consider some practical implications for institutional transformation and design, including new forms of transnational representation. [source] NO FEAR OF FOUNDATIONS: REFLECTIONS ON HUMAN RIGHTS IN CONTEMPORARY JEWISH PHILOSOPHYTHE HEYTHROP JOURNAL, Issue 6 2009ALAN MITTLEMAN First page of article [source] TWO APPROACHES TO HUMAN RIGHTSTHE PHILOSOPHICAL QUARTERLY, Issue 238 2010Rowan Cruft First page of article [source] GLOBAL JUSTICE AND THE LIMITS OF HUMAN RIGHTSTHE PHILOSOPHICAL QUARTERLY, Issue 221 2005Dale Dorsey To a great extent, recent discussion of global obligations has been couched in the language of human rights. I argue that this is a mistake. If, as many theorists have supposed, a normative theory applicable to obligations of global justice must also respect the needs of justice internal to recipient nations, any such theory cannot take human rights as an important moral notion. Human rights are inapplicable for the domestic justice of poor nations, and thus cannot form a plausible basis for international justice. Instead, I propose an alternative basis, a form of welfarist maximizing consequentialism. My alternative is superior to rights-based theories in dealing with the special problems of justice found in poor nations. [source] GENETIC ENHANCEMENT , A THREAT TO HUMAN RIGHTS?BIOETHICS, Issue 1 2008ELIZABETH FENTON ABSTRACT Genetic enhancement is the modification of the human genome for the purpose of improving capacities or ,adding in' desired characteristics. Although this technology is still largely futuristic, debate over the moral issues it raises has been significant. George Annas has recently leveled a new attack against genetic enhancement, drawing on human rights as his primary weapon. I argue that Annas' appeal to human rights ultimately falls flat, and so provides no good reason to object to genetic technology. Moreover, this argument is an example of the broader problem of appealing to human rights as a panacea for ethical problems. Human rights, it is often claimed, are ,trumps': if it can be shown that a proposed technology violates human rights, then it must be cast aside. But human rights are neither a panacea for ethical problems nor a trump card. If they are drafted into the service of an argument, it must be shown that an actual human rights violation will occur. Annas' argument against genetic technology fails to do just this. I shall conclude that his appeal to human rights adds little to the debate over the ethical questions raised by genetic technology. [source] Advancing Health Rights in a Globalized World: Responding to Globalization through a Collective Human Right to Public HealthTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 4 2007Benjamin Mason Meier The right to health was codified in Article 12 of the International Covenant on Economic, Social and Cultural Rights as an individual right, focusing on individual health services at the expense of public health systems. This article assesses the ways in which the individual human right to health has evolved to meet collective threats to the public's health. Despite its repeated expansions, the individual right to health remains normatively incapable of addressing the injurious societal ramifcations of economic globalization, advancing individual rights to alleviate collective inequalities in underlying determinants of health. By examining modern changes to underlying determinants of health, this article concludes that responding to globalized health threats necessitates a collective right to public health. [source] The Measure of Mercy: Islamic Justice, Sovereign Power, and Human Rights in IranCULTURAL ANTHROPOLOGY, Issue 4 2006Arzoo Osanloo In January 2000, Iranian government agents hailed a last-minute death sentence reprieve as an expression of Islamic human rights. Officials mobilized a native source of human rights in the invocation of mercy. For some, the proliferation of human rights norms situates a state in the fold of modernity, whereas the "spectacle of the scaffold" suggests a premodern demonstration of sovereign power. Through a study of sovereign power and human rights, this article questions the seemingly clear-cut divide between premodern and modern forms of justice and suggests that contemporary appeals to mercy as human rights should not be dismissed as being outside modern forms of state sovereignty. [source] Sexuality, Health and Human Rights,by Sonia Corrêa, Rosalind Petchesky and Richard ParkerDEVELOPMENT AND CHANGE, Issue 5 2009Rachel Simon-Kumar No abstract is available for this article. [source] Building Intercultural Citizenship through Education: a human rights approachEUROPEAN JOURNAL OF EDUCATION, Issue 2 2008RODOLFO STAVENHAGEN This article analyses the challenges posed by traditional ethnic and linguistic minorities in multicultural states and more specifically the problems faced by indigenous peoples and communities. Their educational and cultural needs and demands are increasingly being framed in the language of human rights, based on the expanding international legal and institutional human rights system. The United Nations World Conference on Human Rights, held in Vienna in 1993, endorsed a rights-based approach to development, human rights education is a growing field in educational practice, respect for cultural diversity is now enshrined in international and domestic laws, and the right of every person to education and to culture has become a mainstay of international human rights principles to which a majority of the world's states has subscribed. [source] Group Rights, Human Rights and CitizenshipEUROPEAN JOURNAL OF PHILOSOPHY, Issue 2 2002David Miller First page of article [source] Human Rights, Universality and the Values of Personhood: Retracing Griffin's StepsEUROPEAN JOURNAL OF PHILOSOPHY, Issue 1 2002John Tasioulas [source] First Steps in an Account of Human RightsEUROPEAN JOURNAL OF PHILOSOPHY, Issue 3 2001James Griffin First page of article [source] Human Rights in the Council of Europe and the EU: Towards ,Individual', ,Constitutional' or ,Institutional' Justice?EUROPEAN LAW JOURNAL, Issue 4 2009Steven Greer The EU's much more recent judicial and political interest in human rights has also been widely welcomed. Yet, while the crisis currently afflicting the Convention system has not gone unnoticed, the same cannot equally be said of the difficulties presented by the increasing interpenetration of the two systems. Amongst the few who have shown some interest in these problems, the dominant view is that good will and common sense will provide adequate solutions. We disagree. Instead, we detect a gathering crisis which, unless properly analysed and effectively tackled, will only deepen as the EU's interest in human rights develops further. In our view, the problem is essentially conceptual and that, ultimately, it boils down to a much-neglected question, simple to state but not so easy to answer: is the trans-national protection of human rights in Europe a matter of ,individual', ,constitutional' or ,institutional' justice? [source] Ironies in Human Rights Protection in the EU: Pre-Accession Conditionality and Post-Accession ConundrumsEUROPEAN LAW JOURNAL, Issue 1 2009Anneli Albi In the wake of the extensive scrutiny of the human rights credentials of the new Member States under the EU pre-accession conditionality, which itself was riddled with paradoxes, this article considers a rather unexpected irony thrown up by the accession of these countries. It is that the post-communist constitutional courts, which have been applauded for vigorous protection of fundamental rights after the fall of the Communist regime that was marked by nihilism to rights, have come rather close to having to downgrade the protection standards after accession, due to the new constraints of supremacy of EC law. The article will consider the sugar market cases of the Hungarian and Czech Constitutional Courts and of the Estonian Supreme Court, which appear to add weight to the concerns that have been voiced in some older Member States about the fundamental rights protection in the EU. Indeed such concerns were recently also addressed in the concurring opinions to the Bosphorus judgment of the European Court of Human Rights. [source] Between Immigration and Policing: Cross RecognitionEUROPEAN LAW JOURNAL, Issue 2 2004Andrew Nicol The Dublin Convention of 1990 addressed some of the problems which this policy created, but left others unresolved. Domestic legislation has progressively reduced the opportunities for challenging safe third-country removals, especially to an EU state. The incorporation of the European Convention on Human Rights into UK law has generated new possibilities for challenging safe third-country decisions where removal might damage physical or mental health. Articles 3 and 8 have been invoked in particular. The Dublin machinery established ,rules' to decide which member state was responsible for considering the asylum claim and the procedure to be followed. The article examines why the UK courts have said that these provisions are not justiciable in the English courts. Finally the article considers whether the experience with Dublin provides any useful guidance as to the approach that will be taken to European arrest warrants and extradition requests. [source] The General Provisions of the Charter of Fundamental Rights of the European UnionEUROPEAN LAW JOURNAL, Issue 4 2002R. Alonso García The Charter of Fundamental Rights of the European Union provides the Union with a ,more evident' (as the European Council of Cologne asked for) framework of protection of the individuals before the public authorities within the European context, after more than thirty years (since the Stauder Case) of full confidence in the leading role played by the jurisprudence of the Court of Justice of the European Communities. This new normative catalogue of fundamental rights (included the so called ,aspirational fundamental rights') implies one more instrument of protection which has to find its own place with regard to the protection afforded by the national Constitutions and the international agreements on human rights, particularly the European Convention on Human Rights, which are already a privileged source of inspiration for Court of Justice of the European Communities. It is the main objective of the General Provisions of the Charter to clarify which is that place and the relationship with those other levels of protection as managed by their supreme interpreters (i.e., the Constitutional,or Supreme,Courts of the Member States of the Union and the European Court of Human Rights). [source] THE IMPACT OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS ON THE STUDY OF HISTORYHISTORY AND THEORY, Issue 1 2009ANTOON DE BAETS ABSTRACT There is perhaps no text with a broader impact on our lives than the 1948 Universal Declaration of Human Rights (UDHR). It is strange, therefore, that historians have paid so little attention to the UDHR. I argue that its potential impact on the study of history is profound. After asking whether the UDHR contains a general view of history, I address the consequences of the UDHR for the rights and duties of historians, and explain how it deals with their subjects of study. I demonstrate that the UDHR is a direct source of five important rights for historians: the rights to free expression and information, to meet and found associations, to intellectual property, to academic freedom, and to silence. It is also an indirect source of three duties for historians: the duties to produce expert knowledge about the past, to disseminate it, and to teach about it. I discuss the limits to, and conflicts among, these rights and duties. The UDHR also has an impact on historians' subjects of study: I argue that the UDHR applies to the living but not to the dead, and that, consequently, it is a compass for studying recent rather than remote historical injustice. Nevertheless, and although it is itself silent about historians' core duties to find and tell the truth, the UDHR firmly supports an emerging imprescriptible right to the truth, which in crucial respects is nothing less than a right to history. If the UDHR is a "Magna Carta of all men everywhere," it surely is one for all historians. [source] Impairment and Disability: Constructing an Ethics of Care That Promotes Human RightsHYPATIA, Issue 4 2001JENNY MORRIS The social model of disability gives us the tools not only to challenge the discrimination and prejudice we face, but also to articulate the personal experience of impairment. Recognition of difference is therefore a key part of the assertion of our common humanity and of an ethics of care that promotes our human rights. [source] Mental Health: Global Policies and Human RightsINTERNATIONAL JOURNAL OF MENTAL HEALTH NURSING, Issue 1 2005Declan Patton No abstract is available for this article. [source] Human Rights of Migrants: Challenges of the New DecadeINTERNATIONAL MIGRATION, Issue 6 2001Patrick A. Taran This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non-citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non-nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non-nationals. A counter-offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti-crime measures. Intergovernmental cooperation on migration "management" is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter-state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti-discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non-nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter-agency cooperation by international organizations is also noted. [source] Protection of Migrants' Human Rights: Principles and PracticeINTERNATIONAL MIGRATION, Issue 6 2001Heikki S. Mattila In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti-immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration-related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour. [source] Statistical Methods for Human Rights edited by Jana Asher, David Banks, Fritz J. ScheurenINTERNATIONAL STATISTICAL REVIEW, Issue 2 2008Susan Starkings No abstract is available for this article. [source] Commerce and Imagination: The Sources of Concern about International Human Rights in the US CongressINTERNATIONAL STUDIES QUARTERLY, Issue 3 2010Ellen A. Cutrone Do members of Congress put human rights concerns on the agenda in response to their constituents' demands for trade protection? Humanitarian concern may be an important motive, but the normative weight of these issues also makes them a potentially powerful tool for politicians with less elevated agendas. They may criticize the behavior of countries with whom their constituents must compete economically, while overlooking the actions of countries with which their constituents have more harmonious economic relations. This paper tests several hypotheses about the salience of human rights concerns in the politics of US foreign policy using data on congressional speeches during the late 1990s gathered from the Congressional Record. We find evidence that, while humanitarian interests remain an important motive for raising human rights issues, the economic interests of their constituents influence which members of Congress speak out on these questions, and the countries on which they focus their concern. [source] Democracy and Human Rights in the Mexican States: Elections or Social Capital?INTERNATIONAL STUDIES QUARTERLY, Issue 2 2004Caroline Beer Why does the relationship between a government and its citizens deteriorate to violence? Large-N cross-national quantitative analyses of human rights violations have found an inverse relationship between democracy and violations. These analyses, however, have not been able to address the central finding of an influential subnational analysis of democracy that stresses the importance of a single dimension of democracy, social capital. In this article we combine these two streams of research with fresh data from the Mexican states to investigate how and why democracy inhibits violations. Theoretically, we connect a policy interest in protecting human rights to politicians' office-seeking goals and to the level of social capital. Empirically, our data allow us to disentangle two principal components of democracy, elections and social capital, and include important control variables, notably ethnic diversity, which have been largely left out of the cross-national analyses. Our central finding is that the electoral components rather than social capital produce important consequences for the protection of citizens' human rights. [source] Sovereignty in the Balance: Claims and Bargains at the UN Conferences on the Environment, Human Rights, and WomenINTERNATIONAL STUDIES QUARTERLY, Issue 4 2000Kathryn Hochstetler States vary the content and subject matter of their claims to sovereignty. In an analysis of when states invoked sovereignty at recent UN World Conferences on the environment (1992), human rights (1993), and women (1995), the authors revise and extend Litfin's (1997) notion of bargains among components of sovereignty. At the conferences, states invoked sovereignty in debates over cultural and religious values, economics, and increased international accountability. The authors interpret the debates based on how four elements of sovereignty,autonomy, control, and legitimacy in the eyes of other states and nonstate actors,are traded by states through implicit or explicit bargaining. They identify patterns that vary by issue area. The authors argue that nongovernmental organizations as well as other states may legitimate or delegitimate states' sovereign claims. They find that countries of the global South made more sovereignty claims of all kinds than Northern states. And, sovereignty bargains may be struck more easily over power and economics than social values. [source] Islam and Human Rights: A Case of Deceptive First AppearancesJOURNAL FOR THE SCIENTIFIC STUDY OF RELIGION, Issue 2 2002Daniel Price It is a common belief that Islamic-based government, when serving as an ideological foundation for government, facilitates the poor protection of human rights. However, most studies of the relationship between Islam and individual rights have been at the theoretical and anecdotal levels. In this article, I test the relationship between Islam and human rights across a sample of 23 predominately Muslim countries and a control group of non-Muslim developing nations, while controlling for other factors that have been shown to affect human rights practices. I found that the influence of Islamic political culture on government has a statistically insignificant relationship with the protection of human rights. 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