The mass violence of the twentieth century’s two world wars—followed more recently by decentralized and privatized warfare, manifested in terrorism, ethnic cleansing, and other localized forms of ...killing—has led to a heightened awareness of human beings’ vulnerability and the precarious nature of the institutions they create to protect themselves from violence and exploitation. This vulnerability, something humans share amid the diversity of cultural beliefs and values that mark their differences, provides solid ground on which to construct a framework of human rights. Bryan Turner undertakes this task here, developing a sociology of rights from a sociology of the human body. His blending of empirical research with normative analysis constitutes an important step forward for the discipline of sociology. Like anthropology, sociology has traditionally eschewed the study of justice as beyond the limits of a discipline that pays homage to cultural relativism and the “value neutrality” of positivistic science. Turner’s expanded approach accordingly involves a truly interdisciplinary dialogue with the literature of economics, law, medicine, philosophy, political science, and religion.
The surrendered Agüero, José Carlos; Lazzara, Michael J; Walker, Charles F ...
2021, 20210305, 2021-01-11
eBook
When Peruvian public intellectual José Carlos Agüero was a child, the government imprisoned and executed his parents, who were members of Shining Path. In The Surrendered—originally published in ...Spanish in 2015 and appearing here in English for the first time—Agüero reflects on his parents' militancy and the violence and aftermath of Peru's internal armed conflict. He examines his parents' radicalization, their lives as guerrillas, and his tumultuous childhood, which was spent in fear of being captured or killed, while grappling with the complexities of public memory, ethics and responsibility, human rights, and reconciliation. Much more than a memoir, The Surrendered is a disarming and moving consideration of what forgiveness and justice might mean in the face of hate. This edition includes an editors' introduction, a timeline of the Peruvian conflict, and an extensive interview with the author.
This book combines legal and philosophical perspectives to address the question of whether states are bound by human rights when they act with effects on people abroad—states’ extraterritorial human ...rights obligations. Taking an innovative approach, it begins with a profound legal analysis of the issue at national, supranational, and international levels and then engages in depth with counterarguments against extraterritorially applying human rights, on the basis of which it develops its own ethical justificatory theory of extraterritorial human rights obligations. The book closes the circle by showing what the practical implications of this theory for the interpretation (and possible evolvement) of human rights law would be. In a world where critiques of, and resistance to, the general idea of universal human rights are on rise, the book contributes to closing the gap between judicial and normative perspectives on extraterritorial human rights obligations by inquiring into the ethical underpinnings of this topical legal challenge. This book will be of key interest to scholars and students in human rights, international law, and more broadly in political philosophy, philosophy of law, and international relations.
During the first quarter-century of the Cold War, upholding human rights was rarely a priority in U.S. policy toward Latin America. Seeking to protect U.S. national security, American policymakers ...quietly cultivated relations with politically ambitious Latin American militaries-a strategy clearly evident in the Ford administration's tacit support of state-sanctioned terror in Argentina following the 1976 military coup d'état. By the mid-1970s, however, the blossoming human rights movement in the United States posed a serious threat to the maintenance of close U.S. ties to anticommunist, right-wing military regimes.
The competition between cold warriors and human rights advocates culminated in a fierce struggle to define U.S. policy during the Jimmy Carter presidency. InThe Fate of Freedom Elsewhere, William Michael Schmidli argues that Argentina emerged as the defining test case of Carter's promise to bring human rights to the center of his administration's foreign policy. Entering the Oval Office at the height of the kidnapping, torture, and murder of tens of thousands of Argentines by the military government, Carter set out to dramatically shift U.S. policy from subtle support to public condemnation of human rights violation. But could the administration elicit human rights improvements in the face of a zealous military dictatorship, rising Cold War tension, and domestic political opposition? By grappling with the disparate actors engaged in the struggle over human rights, including civil rights activists, second-wave feminists, chicano/a activists, religious progressives, members of the New Right, conservative cold warriors, and business leaders, Schmidli utilizes unique interviews with U.S. and Argentine actors as well as newly declassified archives to offer a telling analysis of the rise, efficacy, and limits of human rights in shaping U.S. foreign policy in the Cold War.
Advocates within the human rights movement have had remarkable success establishing new international laws, securing concrete changes in human rights policies and practices, and transforming the ...terms of public debate. Yet too often, the strategies these advocates have employed are not broadly shared or known. Campaigning for Justice addresses this gap to explain the "how" of the human rights movement.Written from a practitioner's perspective, this book explores the strategies behind some of the most innovative human rights campaigns of recent years. Drawing on interviews with dozens of experienced human rights advocates, the book delves into local, regional, and international efforts to discover how advocates were able to address seemingly intractable abuses and secure concrete advances in human rights. These accounts provide a window into the way that human rights advocates conduct their work, their real-life struggles and challenges, the rich diversity of tools and strategies they employ, and ultimately, their courage and persistence in advancing human rights.
As a result of the work assembling the documents, memoranda, and reports that constitute the material in The Torture Papers the question of the rationale behind the Bush administration's decision to ...condone the use of coercive interrogation techniques in the interrogation of detainees suspected of terrorist connections was raised. The condoned use of torture in any society is questionable but its use by the United States, a liberal democracy that champions human rights and is a party to international conventions forbidding torture, has sparked an intense debate within America. The Torture Debate in America captures these arguments with essays from individuals in different discipines. This volume is divided into two sections with essays covering all sides of the argument from those who embrace absolute prohibition of torture to those who see it as a viable option in the war on terror and with documents complementing the essays.
Europe's external borders have been the site of intense human rights struggles over the last decade. While States are inventing ever new practices to circumvent their human rights responsibility by ...not responding to rescue calls or using private actors as proxies for refoulement, human rights activists seek to expand State jurisdiction to effectively hold European governments responsible for human rights violations at their borders and on the high seas. At the same time, the rise of populist movements and increasing xenophobia have made expansive human rights interpretation to the benefit of migrants increasingly suspicious in public discourse. The question therefore arises: Does the expansion of migrants’ human rights and State responsibility bear features of ‘human rights overreach’ in the sense that human rights encroach too much on State sovereignty, which may ultimately decrease the acceptance of human rights themselves? Or is it a necessary ‘outreach’ of human rights, that is, an adaptation of human rights to new practices of border protection in order to ensure human rights’ effectiveness?
This paper addresses these questions in three steps. It first briefly presents current struggles about migrants’ human rights in the Mediterranean. It then deals with the increasing critique of human rights overreach in migration matters and assesses judicial practice in reaction to increasing State pressure. The core argument finally developed in this paper is that we should respond to the allegation of overreach by advancing a more political understanding of human rights, which acknowledges the methodological limits of regressive human rights interpretation and defends the idea of human rights as a concrete utopia. The paper develops this argument with a view to the concrete case law on migration issues and suggests how courts and migration law scholars should deal with the challenges of human rights struggles regarding migration.
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.
In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many ...countries, though, there is little relationship between international law and the actual protection of human rights on the ground.Making Human Rights a Realitytakes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk.
Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights "stewards" can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions.
To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. Hafner-Burton illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.
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