Confronting the evils of World War II and building on the legacy of the 1776 Declaration of Independence and the 1789 French Declaration of the Rights of Man and of the Citizen, a group of world ...citizens including Eleanor Roosevelt drafted the Universal Declaration of Human Rights. Adopted by the United Nations in 1948, the Universal Declaration has been translated into 300 languages and has become the basis for most other international human rights texts and norms. In spite of the global success of this document, however, a philosophical disconnect exists between what major theorists have said a human right is and the foundational text of the very movement they advocate. InInherent Human Rights: Philosophical Roots of the Universal Declaration, philosopher and political theorist Johannes Morsink offers an alternative to contemporary assumptions. A major historian of the Universal Declaration, Morsink traces the philosophical roots of the Declaration back to the Enlightenment and to a shared revulsion at the horrors of the Holocaust. He defends the Declaration's perspective that all people have human rights simply by virtue of being born into the human family and that human beings have these rights regardless of any government or court action (or inaction). Like mathematical principles, human rights are truly universal, not the products of a particular culture, economic scheme, or political system. Our understanding of their existence can be blocked only by madness and false ideologies. Morsink argues that the drafters of the Declaration shared this metaphysical view of human rights. By denying the inherence of human rights and their metaphysical nature, and removing the concepts of the Declaration from their historical and philosophical context, contemporary constructivist scholars and pragmatic activists create an unnecessary and potentially dangerous political fog. The book carefully dissects various human rights models and ends with a defense of the Declaration's cosmopolitan vision against charges of unrealistic utopianism and Western ethnocentrism.Inherent Human Rightstakes exception to the reigning view that the Golden Rule is the best defense of human rights. Instead, it calls for us to "follow the lead of the Declaration's drafters and liberate the idea of human rights from the realm of the political and the juridical, which is where contemporary theorists have imprisoned it."
This volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights ...treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. Simmons argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
Paradoxically, many governments that persistently violate human rights have also ratified international human rights treaties that empower their citizens to file grievances against them at the United ...Nations. Therefore, citizens in rights-repressing regimes find themselves with the potentially invaluable opportunity to challenge their government's abuses. Why would rights-violating governments ratify these treaties and thus afford their citizens this right? Can the mechanisms provided in these treaties actually help promote positive changes in human rights?Insincere Commitmentsuses both quantitative and qualitative analysis to examine the factors contributing to commitment and compliance among post-Soviet states such as Slovakia, Hungary, Kyrgyzstan, and Tajikistan. Heather Smith-Cannoy argues that governments ratify these treaties insincerely in response to domestic economic pressures. Signing the treaties is a way to at least temporarily keep critics of their human rights record at bay while they secure international economic assistance or more favorable trade terms. However, she finds that through the specific protocols in the treaties that grant individuals the right to petition the UN, even the most insincere state commitments to human rights can give previously powerless individuals-and the nongovernmental and intergovernmental organizations that partner with them-an important opportunity that they would otherwise not have to challenge patterns of government repression on the global stage.This insightful book will be of interest to human rights scholars, students, and practitioners, as well as anyone interested in the UN, international relations, treaties, and governance.
The Rights of the Child Adami, Rebecca; Kaldal, Anna; Aspán, Margareta
04/2023, Volume:
7
eBook, Book
Open access
How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights ...in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.
An Army of Lions Alexander, Shawn Leigh; Shakes, Will
09/2011
eBook
In January 1890, journalist T. Thomas Fortune stood before a delegation of African American activists in Chicago and declared, "We know our rights and have the courage to defend them," as together ...they formed the Afro-American League, the nation's first national civil rights organization. Over the next two decades, Fortune and his fellow activists organized, agitated, and, in the process, created the foundation for the modern civil rights movement.An Army of Lions: The Civil Rights Struggle Before the NAACPtraces the history of this first generation of activists and the organizations they formed to give the most comprehensive account of black America's struggle for civil rights from the end of Reconstruction to the formation of the National Association for the Advancement of Colored People in 1909. Here a host of leaders neglected by posterity-Bishop Alexander Walters, Mary Church Terrell, Jesse Lawson, Lewis G. Jordan, Kelly Miller, George H. White, Frederick McGhee, Archibald Grimké-worked alongside the more familiar figures of Ida B. Wells-Barnett, W. E. B. Du Bois, and Booker T. Washington, who are viewed through a fresh lens. As Jim Crow curtailed modes of political protest and legal redress, members of the Afro-American League and the organizations that formed in its wake-including the Afro-American Council, the Niagara Movement, the Constitution League, and the Committee of Twelve-used propaganda, moral suasion, boycotts, lobbying, electoral office, and the courts, as well as the call for self-defense, to end disfranchisement, segregation, and racial violence. In the process, the League and the organizations it spawned provided the ideological and strategic blueprint of the NAACP and the struggle for civil rights in the twentieth century, demonstrating that there was significant and effective agitation during "the age of accommodation."
Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of ...origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive.
Spanning several continents and drawing on the actual stories of young migrants, the book shows how difficult it is for children to reunite with parents who left them behind to seek work abroad. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children-one we need to address head-on.
Child Migration and Human Rights in a Global Ageoffers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.
Global Society and Human Rights tries to grasp and reconstruct the processes of global unification and the shaping of a common feeling of humanity: the conviction, in different cultural contexts, of ...the unity of mankind and the existence of inalienable human rights.
Preferential trade agreements have become common ways to protect or restrict access to national markets in products and services. The United States has signed trade agreements with almost two dozen ...countries as close as Mexico and Canada and as distant as Morocco and Australia. The European Union has done the same. In addition to addressing economic issues, these agreements also regulate the protection of human rights. InForced to Be Good, Emilie M. Hafner-Burton tells the story of the politics of such agreements and of the ways in which governments pursue market integration policies that advance their own political interests, including human rights.
How and why do global norms for social justice become international regulations linked to seemingly unrelated issues, such as trade? Hafner-Burton finds that the process has been unconventional. Efforts by human rights advocates and labor unions to spread human rights ideals, for example, do not explain why American and European governments employ preferential trade agreements to protect human rights. Instead, most of the regulations protecting human rights are codified in global moral principles and laws only because they serve policymakers' interests in accumulating power or resources or solving other problems. Otherwise, demands by moral advocates are tossed aside. And, as Hafner-Burton shows, even the inclusion of human rights protections in trade agreements is no guarantee of real change, because many of the governments that sign on to fair trade regulations oppose such protections and do not intend to force their implementation.
Ultimately, Hafner-Burton finds that, despite the difficulty of enforcing good regulations and the less-than-noble motives for including them, trade agreements that include human rights provisions have made a positive difference in the lives of some of the people they are intended-on paper, at least-to protect.
The Privacy Advocates Bennett, Colin J
2010, 20100813, 20080829, 2008, 2010-08-13, 2019-06-20, 20081001
eBook
Today, personal information is captured, processed, and disseminated in a bewildering variety of ways, and through increasingly sophisticated, miniaturized, and distributed technologies: identity ...cards, biometrics, video surveillance, the use of cookies and spyware by Web sites, data mining and profiling, and many others. In The Privacy Advocates, Colin Bennett analyzes the people and groups around the world who have risen to challenge the most intrusive surveillance practices by both government and corporations. Bennett describes a network of self-identified privacy advocates who have emerged from civil society--without official sanction and with few resources, but surprisingly influential. A number of high-profile conflicts in recent years have brought this international advocacy movement more sharply into focus. Bennett is the first to examine privacy and surveillance not from a legal, political, or technical perspective but from the viewpoint of these independent activists who have found creative ways to affect policy and practice. Drawing on extensive interviews with key informants in the movement, he examines how they frame the issue and how they organize, who they are and what strategies they use. He also presents a series of case studies that illustrate how effective their efforts have been, including conflicts over key-escrow encryption (which allows the government to read encrypted messages), online advertising through third-party cookies that track users across different Web sites, and online authentication mechanisms such as the short-lived Microsoft Passport. Finally, Bennett considers how the loose coalitions of the privacy network could develop into a more cohesive international social movement.
In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United ...Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices.Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply. According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed. When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.
