The Complexity Of Human Rights
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The Complexity Of Human Rights
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Author : Philip Alston
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-08
The Complexity Of Human Rights written by Philip Alston and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-08 with Law categories.
This book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of 'vernacularization', which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.
Indivisible Human Rights
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Author : Daniel J. Whelan
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-06-06
Indivisible Human Rights written by Daniel J. Whelan and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-06 with Political Science categories.
Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960s and 1970s, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990s, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories—thus opening the door to charges of violations resulting from underdevelopment and poverty. As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights.
A Selective Approach To Establishing A Human Rights Mechanism In Southeast Asia
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Author : Hao Duy Phan
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-02-03
A Selective Approach To Establishing A Human Rights Mechanism In Southeast Asia written by Hao Duy Phan and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-03 with Law categories.
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.
Human Rights With Modesty The Problem Of Universalism
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Author : András Sajó
language : en
Publisher: Springer
Release Date : 2013-12-11
Human Rights With Modesty The Problem Of Universalism written by András Sajó and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-11 with Political Science categories.
This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.
The United Nations And Human Rights
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Author : Frédéric Mégret
language : en
Publisher: OUP Oxford
Release Date : 2020-03-19
The United Nations And Human Rights written by Frédéric Mégret and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-19 with Political Science categories.
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Human Rights
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Author : Andrew Clapham
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Human Rights written by Andrew Clapham and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Philosophy categories.
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
Intersectionality And Human Rights Law
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Author : Shreya Atrey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-12-10
Intersectionality And Human Rights Law written by Shreya Atrey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Political Science categories.
This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.
Global Intersectionality And Contemporary Human Rights
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Author : Johanna Bond
language : en
Publisher: Oxford University Press
Release Date : 2021-07-22
Global Intersectionality And Contemporary Human Rights written by Johanna Bond and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.
Global Intersectionality and Contemporary Human Rights argues for an expansive definition of human rights, one that encompasses the harm caused by multiple, intersecting forms of subordination. Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, of example, often target women based on both gender and ethnicity. Human rights remedies that fail to capture the intersectional nature of human rights violations do not offer comprehensive redress to victims. This title explores the influence of intersectionality theory on human rights in the modern era and traces the evolution of intersectionality as a theoretical framework in the United States and around the world. It draws upon feminist theory and human rights jurisprudence to argue that scholars and activists have under-utilized intersectionality theory in the global discourse of human rights. As the central intergovernmental organization charged with the protection of human rights, the United Nations has been slow to embrace the insights gained from intersectionality theory. This work argues that the United Nations and other human rights organizations must more actively embrace intersectionality as an analytical framework in order to fully address the complexity of human rights violations around the world.
Human Rights In Our Time
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Author : Marc F. Plattner
language : en
Publisher: Routledge
Release Date : 2019-03-04
Human Rights In Our Time written by Marc F. Plattner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-04 with Political Science categories.
In the past decade, human rights as a component of U.S. foreign policy has been the subject of intense debate. First brought to the forefront by President Carter, it has also turned out to be one of the most controversial aspects of foreign policy during the Reagan administration. Policymakers who attempt to cope with human rights issues are immediately confronted with questions not only about the basic purposes of U.S. foreign policy, but also about the essential nature of our political system; they are compelled to reflect upon the interrelationship between domestic public opinion and the pursuit of U.S. interests abroad. The complexity of human rights issues is reflected in the diverse contributions to this book. The authors examine the philosophical foundations of human rights, the lessons of history that are relevant to today's concerns, and contemporary policy. A concluding essay provides a critical analysis of the arguments made by the authors.
Hypocrisy And Human Rights
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Author : Kate Cronin-Furman
language : en
Publisher: Cornell University Press
Release Date : 2022-11-15
Hypocrisy And Human Rights written by Kate Cronin-Furman and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-15 with Political Science categories.
Hypocrisy and Human Rights examines what human rights pressure does when it does not work. Repressive states with absolutely no intention of complying with their human rights obligations often change course dramatically in response to international pressure. They create toothless commissions, permit but then obstruct international observers' visits, and pass showpiece legislation while simultaneously bolstering their repressive capacity. Covering debates over transitional justice in Sri Lanka, Myanmar, Cambodia, Democratic Republic of the Congo, and other countries, Kate Cronin-Furman investigates the diverse ways in which repressive states respond to calls for justice from human rights advocates, UN officials, and Western governments who add their voices to the victims of mass atrocities to demand accountability. She argues that although international pressure cannot elicit compliance in the absence of domestic motivations to comply, the complexity of the international system means that there are multiple audiences for both human rights behavior and advocacy and that pressure can produce valuable results through indirect paths.