Download or read book Reconciling Law and Morality in Human Rights Discourse written by Willy Moka-Mubelo and published by Springer. This book was released on 2016-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.

Download or read book Intersectionality and Human Rights Law written by Shreya Atrey and published by Bloomsbury Publishing. This book was released on 2020-12-10 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Critical theory and human rights written by David McGrogan and published by Manchester University Press. This book was released on 2021-05-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. This gives rise to a form of managerialism, preoccupied with measuring and improving the ‘human rights performance’ of the state, businesses and so on. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn. This, unsurprisingly, does not appeal to rights-holders themselves.

Download or read book Human Rights and Economic Policy Reform written by Aoife Nolan and published by Routledge. This book was released on 2021-09-22 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the complex and challenging relationship between economic policy and human rights. In the context of the COVID-19 pandemic crisis, the need to address the conceptual and methodological (dis)connects between these two areas is more pressing than ever. Inspired by the 2019 United Nations Guiding Principles on Human Rights Impact Assessments (HRIA) for Economic Reform Policies, this book brings together experts working on human rights and economic policy from a range of disciplinary perspectives, including economics, law, and development studies. The contributions reflect a huge body of professional experience in the academic, policy-making, advocacy, and practitioner fields. They cover issues including the politics of evidence in the context of HRIA, economic inequality, child rights impact assessment of economic reforms, economic policy and women’s human rights, tax regimes for multinational corporations and human rights, as well as the human rights impacts of the economic fall-out of the COVID-19 pandemic. The collection also includes the text of the Guiding Principles themselves. It constitutes a crucial volume for scholars, policymakers, advocates and others working on the burning topic of human rights and economic policy reform. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Download or read book The Moral Dimensions of Human Rights written by Carl Wellman and published by OUP USA. This book was released on 2011-02-03 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Moral Dimensions of Human Rights, Carl Wellman takes a broad approach to human rights by discussing all three types - moral, international, and national -at length. At the same time, Wellman pays special attention to the moral reasons that are relevant to each kind of human rights.

Download or read book Governance of Emerging Space Challenges written by Nikola Schmidt and published by Springer Nature. This book was released on 2022-04-22 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume discusses how even small nation states can make a significant difference in the future of space governance. The book is divided into three main sections covering political theory, case studies, and space technology and applications. Key topics of discussion include planetary defense, space mining, and high-power systems in space. Through these timely subjects, the book presents strategies for developing a truly global governance framework in space, based on the concept of a responsible cosmopolitan state. Authored by a multidisciplinary group of researchers from the Czech Republic, the volume will appeal to other scientific teams and policymakers looking to become pioneers of cosmopolitan space policies at a national and global level.

Download or read book World Crisis and Underdevelopment written by David Ingram and published by Cambridge University Press. This book was released on 2018-01-18 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

Download or read book The Humble Cosmopolitan written by Luis Cabrera and published by . This book was released on 2020 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is a strong cosmopolitan stance irretrievably arrogant? Cosmopolitanism, which affirms universal moral principles and grants no fundamental moral significance to the state, has become increasingly central to normative political theory. Yet, it has faced persistent claims that it disdains local attachments and cultures, while also seeking the neo-imperialistic imposition of Western moral views on all persons. The critique is said to apply with even greater force to institutional cosmopolitan approaches, which seek the development of global political institutions capable of promoting global aims for human rights, democracy, etc. This book works to address such objections through developing a novel theory of cosmopolitan political humility. It draws on the work of Indian constitutional architect and social activist B.R. Ambedkar, who cited universal principles of equality and rights in confronting domestic exclusions and the "arrogance" of caste. He sought to advance forms of political humility, or the recognition of equal standing, and openness to input and challenge within political institutions. This book explores how an "institutional global citizenship" approach to cosmopolitanism could similarly promote political humility globally, by supporting the development of democratic input and challenge mechanisms beyond the state. Such developments would challenge an essential political arrogance identified in the current system, where sovereign states are empowered to simply dismiss rights-based challenges from outsiders or their own populations--even as they serve as the designated guarantors of human rights. The book employs an innovative grounded normative theory method, where extensive original field research informs the development of moral claims. Insights are taken from Dalit activists reaching out to United Nations human rights bodies for support in challenging caste discrimination, and from their critics in the governing Bharatiya Janata Party. Further insights are drawn from Turkish protestors confronting a rising domestic authoritarianism, and from UK Independence Party members demanding "Brexit" from the European Union--in part because predominantly Muslim Turkey could eventually join. Overall, it is shown, an institutional global citizenship approach can inform the development of a global framework which would orient fundamentally to political humility rather than arrogance, and which could significantly advance global rights protections.

Download or read book World Politics written by Jeffrey Haynes and published by SAGE. This book was released on 2023-04-05 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we better resolve issues like climate change or global pandemics? When is resolution of armed conflict achievable? What impact does culture, religion or identity have on world events? Today’s world politics is complex, contested and changing fast. Sovereign states, big data, international institutions, world leaders, large companies, and citizens all have vested interests in the most momentous issues facing us. Whether it’s economic crisis, global health, nuclear deterrence or war, this text is the ideal guide to understanding the most critical issues of today, and the competing ways to interpret them. Extensively revised, the third edition takes you through the key events and changes in world politics from the 1500s, showing how historical events and developments are essential for understanding world politics today. Packed with examples from around the world, the book introduces the reader to different theories, concepts, issues, and actors in world politics.Covering all the essential topics, from international law and political economy to critical theory and security studies, this new edition includes: - 3 brand new chapters on Foreign Policy Analysis, Race and Identity, and Global Health - Fully revised historical chapters for a comprehensive historical perspective - An expanded range of topics, cases, and cutting-edge research to fully reflect the latest empirical and theoretical developments Its unparalleled breadth and clarity make it the perfect introductory text for all undergraduate students of International Relations and Global Politics. Jeffrey Haynes is an emeritus professor of politics at London Metropolitan University. Peter Hough is an Associate Professor in International Politics at Middlesex University, London. Bruce Pilbeam is a Senior Lecturer in Politics and International Relations at London Metropolitan University.

Download or read book Law Solidarity and the Limits of Social Europe written by Hartzén, Ann-Christine and published by Edward Elgar Publishing. This book was released on 2022-02-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.

Download or read book Moral and Political Conceptions of Human Rights written by Reidar Maliks and published by Cambridge University Press. This book was released on 2017-07-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.

Download or read book Citizenship and Human Rights written by Christian H Kälin and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can universal human rights and different national citizenship regimes ever be compatible? This book argues that they can't, setting out a legal-philosophical critique of the tension between both. It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives). As a result of this exploration, the author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice. It is only by recognising this reality that a much needed transformation of human rights and citizenship can be undertaken in a meaningful way. This provocative and compelling work will appeal to both human rights and citizenship lawyers, as well as others involved in human rights law at NGOs, governments, international organisations – and indeed anyone with an interest in the subject of how human rights evolved and new concepts for the future.

Download or read book Human Rights in the World Community written by Richard Pierre Claude and published by University of Pennsylvania Press. This book was released on 1992 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Less Than a Roar

Download or read book Law s Ethical Global and Theoretical Contexts written by Upendra Baxi and published by Cambridge University Press. This book was released on 2015-10-22 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.

Download or read book Interrogating the Morality of Human Rights written by Michael J. Perry and published by Edward Elgar Publishing. This book was released on 2023-05-09 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans.

Download or read book Human Rights in Child Protection written by Asgeir Falch-Eriksen and published by Springer. This book was released on 2005-01-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.