Home About us Contact
|
Home About us Contact | ||
|
|
||
Rights Law (right + law)
Kinds of Rights Law Selected AbstractsACCESS TO ESSENTIAL MEDICINES: A HOBBESIAN SOCIAL CONTRACT APPROACHDEVELOPING WORLD BIOETHICS, Issue 2 2005RICHARD E. ASHCROFT ABSTRACT Medicines that are vital for the saving and preserving of life in conditions of public health emergency or endemic serious disease are known as essential medicines. In many developing world settings such medicines may be unavailable, or unaffordably expensive for the majority of those in need of them. Furthermore, for many serious diseases (such as HIV/AIDS and tuberculosis) these essential medicines are protected by patents that permit the patent-holder to operate a monopoly on their manufacture and supply, and to price these medicines well above marginal cost. Recent international legal doctrine has placed great stress on the need to globalise intellectual property rights protections, and on the rights of intellectual property rights holders to have their property rights enforced. Although international intellectual property rights law does permit compulsory licensing of protected inventions in the interests of public health, the use of this right by sovereign states has proved highly controversial. In this paper I give an argument in support of states' sovereign right to expropriate private intellectual property in conditions of public health emergency. This argument turns on a social contract argument for the legitimacy of states. The argument shows, further, that under some circumstances states are not merely permitted compulsory to license inventions, but are actually obliged to do so, on pain of failure of their legitimacy as sovereign states. The argument draws freely on a loose interpretation of Thomas Hobbes's arguments in his Leviathan, and on an analogy between his state of War and the situation of public health disasters. [source] (Re)constructing the Head Teacher: Legal Narratives and the Politics of School ExclusionsJOURNAL OF LAW AND SOCIETY, Issue 3 2005Daniel Monk School exclusions are a site of political and social contestation and in recent years statutory reforms and popular demands have focused on increasing the autonomy of head teachers. This article explores this trend and questions why, in a culture of human and children's rights, head teachers have such extensive powers within their schools and why law has, to a large extent, failed to provide a check on these powers. It does so not by doctrinal analysis of domestic and human rights law but, rather, by enquiring into how legal narratives construct the role of the head teacher and by locating the practice of exclusions within a broader social and political context. It suggests that demanding that the head teacher be unfettered in his or her decisions relating to exclusions ought not to be understood as a policy of ,non-intervention' or a return to a ,reassuring' past but, rather, as a contemporary policy that reinforces the construction of excluded pupils as marginalized non-citizens. [source] 11 September 2001, Counter-terrorism, and the Human Rights ActJOURNAL OF LAW AND SOCIETY, Issue 1 2005Conor Gearty The attacks of 11 September 2001 and the reaction to them has been the gravest challenge to date to the Human Rights Act 1998. The Antiterrorism, Crime and Security Act 2001 has expanded the remit of the Terrorism Act 2000 and there has been a new concentration on antiterrorism by government. This article assesses the impact of human rights law on the debate about liberty and security following 11 September. It considers how the provisions of the Human Rights Act have influenced the formulation and interpretation of anti-terrorism laws, and examines the role of the judiciary in adjudicating on disputes between the individual and the state. It ends with some general discussion about the security-driven challenges to human rights that lie ahead. [source] Hegel, Human Rights, and ParticularismJOURNAL OF LAW AND SOCIETY, Issue 4 2003Richard Mullender Hegel's political philosophy gives prominence to the theme that human beings have a need for recognition of those qualities, characteristics, and attributes that make them distinctive. Hegel thus speaks to the question whether human rights law should recognize and accommodate the nuances of individual make-up. Likewise, he speaks to the question whether human rights law should be applied in ways that are sensitive to the cultural contexts in which it operates. But Hegel's political philosophy evaluates norms and practices within particular cultures by reference to the higher-order and universal criterion of abstract right. In light of this point and the inadequacies of political philosophy that privileges local norms and practices, a third approach to the protection of human rights is canvassed. This approach prioritizes neither universal nor local norms. Its aim is to ensure that both human rights and the cultures in which they are applied are taken seriously. [source] Legal Change and Gender Inequality: Changes in Muslim Family Law in IndiaLAW & SOCIAL INQUIRY, Issue 3 2008Narendra Subramanian Group-specific family laws are said to provide women fewer rights and impede policy change. India's family law systems specific to religious groups underwent important gender-equalizing changes over the last generation. The changes in the laws of the religious minorities were unexpected, as conservative elites had considerable indirect influence over these laws. Policy elites changed minority law only if they found credible justification for change in group laws, group norms, and group initiatives, not only in constitutional rights and transnational human rights law. Muslim alimony and divorce laws were changed on this basis, giving women more rights without abandoning cultural accommodation. Legal mobilization and the outlook of policy makers,specifically their approach to regulating family life, their understanding of group norms, and their normative vision of family life,shaped the major changes in Indian Muslim law. More gender-equalizing legal changes are possible based on the same sources. [source] A tale of the land, the insider, the outsider and human rights (an exploration of some problems and possibilities in the relationship between the English common law property concept, human rights law, and discourses of exclusion and inclusion)LEGAL STUDIES, Issue 1 2003Anna Grear This paper examines the interplay between discourses of exclusion and inclusion in the relationship between land law and human rights. It explores the common law conception of property in land and its relationship with the conceptual structure of property before suggesting that the particular form the conception takes in the English common law is problematic as a discourse of exclusion in the light of inclusive human rights considerations. However, further submerged exclusions in law are also explored, suggesting a problematic ideological continuity between land law and human rights law, notwithstanding identifiable surface tensions between them as contrasting discourses. Once the continuity of hidden exclusions is identified, the paper explores the theoretical unity between the deep structure of property as ,propriety' and human rights as ,what is due', and suggests their mutual potential for embracing more inclusive concerns. Finally, two modest proposals for future theoretical reform are offered: the need for a more anthropologically adequate and inclusive construct of the human being as legal actor, and the need for a more differentiated, context-sensitive formulation of the common law1 property conception, one capable of reconciling conceptually necessary elements of excludability with inclusive human rights impulses. [source] Beyond the ,Awkward Embrace': Disability Rights, Dialogue and ,Law, Love and Language' RevisitedNEW BLACKFRIARS, Issue 1029 2009Nick O'Brien Abstract Despite the perceived ,human rights revolution' within Church teaching since Vatican II, a measure of dissonance survives between secular rights theory and practice on the one hand and, on the other, ethical thinking informed by the natural law tradition. This article examines some recent developments in that secular theory and practice for signs of possible rapprochement. In particular, it considers the way in which the emergence of ,disability' as a rights issue, for example in the recently ratified United Nations Convention on the Rights of Persons with Disabilities, has contributed to the transformation of equality and human rights law and so has helped shape a broader transformation of rights theory and practice. Central to that transformation has been the ambition of establishing human rights as the basis of a progressive political programme, as witnessed for example by the work of Sandra Fredman and by the Hamlyn Lectures of Conor Gearty, whose Catholic provenance makes his approach especially salient. The article concludes by considering Herbert McCabe's interpretation of Aquinas' ethics, especially in his Law, Love and Language, and proposes some potentially fruitful points of contact between McCabe's approach and the identified developments in secular rights theory. [source] "It's doom alone that counts": can international human rights law be an effective source of rights in correctional conditions litigation?,BEHAVIORAL SCIENCES & THE LAW, Issue 5 2009Michael L. Perlin J.D. Over the past three decades, the U.S. judiciary has grown increasingly less receptive to claims by convicted felons as to the conditions of their confinement while in prison. Although courts have not articulated a return to the "hands off" policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation of the Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas of prisoners' rights law. From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate to mental health care and treatment. Here, in spite of a general trend toward more stringent applications of standards of proof and a reluctance to order sweeping, intrusive remedies, some courts have aggressively protected prisoners' rights to be free from "deliberate indifference" to serious medical needs, and to be free from excessive force on the part of prison officials. A mostly hidden undercurrent in some prisoners' rights litigation has been the effort on the part of some plaintiffs' lawyers to look to international human rights doctrines as a potential source of rights, an effort that has met with some modest success. It receives support by the inclination of other courts to turn to international human rights conventions,even in nations where such conventions have not been ratified,as a kind of "best practice" in the area. The recent publication and subsequent ratification (though not, as of yet, by the United States) of the UN Convention on the Rights of Persons with Disabilities (CRPD) may add new support to those using international human rights documents as a basis for litigating prisoners' rights claims. To the best of our knowledge, there has, as of yet, been no scholarly literature on the question of the implications of the CRPD on the state of prisoners' rights law in a U.S. domestic context. In this article, we raise this question, and offer some tentative conclusions. Copyright © 2009 John Wiley & Sons, Ltd. [source] The Limits of Authenticity in Vietnamese Consumer MarketsAMERICAN ANTHROPOLOGIST, Issue 2 2006ELIZABETH F. VANN In this article, I address the saliency of the concept of "authenticity" in contexts of international law and anthropological inquiry. Using my research findings in Ho Chi Minh City (HCMC), Vietnam, I show that although Vietnamese shoppers distinguish between what they term real and fake goods, they do not share with foreign corporations and international trade organizations a preoccupation with product and brand authenticity. To make this point, I describe four types of goods,model goods, mimic goods, real goods, and fake goods,employed by shoppers in HCMC, and discuss why they have little in common with notions of "authenticity" and "ownership" inherent in international standards of intellectual property. I argue that these conceptual differences in the commercial sphere challenge claims about the universal applicability of intellectual property rights laws and also encourage anthropologists to ask whether authenticity is always a useful tool of cross-cultural understanding. [source] | |||||||||||||