Showing papers on "Fundamental rights published in 2005"

Human Rights and Capabilities

Abstract: The two concepts — human rights and capabilities — go well with each other, so long as we do not try to subsume either concept entirely within the territory of the other. There are many human rights that can be seen as rights to particular capabilities. However, human rights to important process freedoms cannot be adequately analysed within the capability framework. Furthermore, both human rights and capabilities have to depend on the process of public reasoning. The methodology of public scrutiny draws on Rawlsian understanding of 'objectivity' in ethics, but the impartiality that is needed cannot be confined within the borders of a nation. Public reasoning without territorial confinement is important for both.

Human rights in a globalizing world : The paradox of empty promises

Abstract: The authors examine the impact of the international human rights regime on governments' human rights practices. They propose an explanation that highlights a “paradox of empty promises.” Their core arguments are that the global institutionalization of human rights has created an international context in which (1) governments often ratify human rights treaties as a matter of window dressing, radically decoupling policy from practice and at times exacerbating negative human rights practices, but (2) the emergent global legitimacy of human rights exerts independent global civil society effects that improve states’ actual human rights practices. The authors’ statistical analyses on a comprehensive sample of government repression from 1976 to 1999 find support for their argument.

Human Rights and Gender Violence: Translating International Law into Local Justice

Abstract: Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. "Human Rights and Gender Violence" is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and thus effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

Thinking Inside the Box: A Closer Look at Democracy and Human Rights

Abstract: Research on human rights consistently points to the importance of democracy in reducing the severity and incidence of personal integrity abuses. The prescriptive implications of this finding for policy makers interested in state building have been somewhat limited, however, by a reliance on multidimensional measures of democracy. Consequently, a policy maker emerges from this literature confident that “democracy matters” but unclear about which set(s) of reforms is likely to yield a greater human rights payoff. Using data from the Polity IV Project, we examine what aspects of democracy are most consequential in improving a state's human rights record. Analysis of democracy's dimensions elicits three findings. First, political participation at the level of multiparty competition appears more significant than other dimensions in reducing human rights abuses. Second, improvements in a state's level of democracy short of full democracy do not promote greater respect for integrity rights. Only those states with the highest levels of democracy, not simply those conventionally defined as democratic, are correlated with better human rights practices. Third, accountability appears to be the critical feature that makes full-fledged democracies respect human rights; limited accountability generally retards improvement in human rights.

Ships Passing in the Night: The Current State of the Human Rights and Development Debate seen through the Lens of the Millennium Development Goals

Abstract: The Millennium Development Goals (MDGs) are the most prominent initiative on the global development agenda and have a great deal in common with human rights commitments. But neither the human rights nor development communities has embraced this linkage with enthusiasm or conviction. This article explores the reasons why the two agendas resemble ships passing in the night even though they are both headed for very similar destinations. The empirical evidence examined includes analyses prepared by a range of human rights NGOs the MDG National Plans adopted by many developing countries and the relevant analyses undertaken by UN human rights treaty bodies and special rapporteurs. The author calls upon the human rights community to engage more effectively with the development agenda to prioritize its concerns rather than assuming that every issue needs to be tackled simultaneously and to avoid being overly prescriptive. (authors)

Law, Endowments, and Property Rights

Abstract: While scholars have hypothesized about the sources of variation in property rights for over 2500 years, it is only very recently that researchers have begun to test these theories empirically. This paper reviews both the theory and empirical evidence supporting and refuting the law and endowment views of property rights. The law view holds that historically determined differences in national legal traditions continue to shape cross-country differences in property rights. The endowment view argues that during European colonization, differences in climate, crops, the indigenous population, and the disease environment influenced long-run property rights.

The rights of refugees under international law

Abstract: Preface Acknowledgements Table of cases Abbreviations for courts and tribunals cited Articles of key treaties cited 1. International law as a source of refugee rights 2. The evolution of the refugee rights regime 3. The structure of entitlement under the refugee convention 4. Rights of refugees physically present 5. Rights of refugees lawfully present 6. Rights of refugees lawfully staying 7. Rights of solution Epilogue Appendices Select bibliography Index.

Righteous oil? human rights, the oil complex, and corporate social responsibility

Abstract: ▪ Abstract One of the most important aspects of the rise of post-1945 global capitalism has been the call for transnational corporations to conform to basic human rights principles. This chapter reviews the efforts within the oil industry (with a particular focus on their operations in the less-developed countries) to develop corporate social responsibility and the related development of voluntary, legal, and statutory programs by governments, nongovernmental organizations (NGOs), civic groups, and multilateral agencies to ensure that the oil industry is compliant with important human, social, political, and environmental rights. In reviewing these developments, I outline the current political economy of the oil industry, new bodies of research on the relations between oil, violence, and human rights violations, which include case studies of the human rights records of transnational and joint-venture oil operations.

A Difference-Centred Alternative to Theorization of Children's Citizenship Rights

Abstract: The “rights revolution” has become a central feature of modern political consciousness and has resulted in a proliferation of theories about children's rights. Yet mainstream liberal theories in which children's rights are theorized rarely take children's rights as citizens seriously, due to the normative stance of liberal theories that construct children in terms of “not-yet-citizens”. This article argues for a difference-centred theory of children's citizenship rights by situating the analysis within feminist, anti-racist, gay, lesbian and transgendered theories of citizenship that are difference-centred. It discusses an alternative, difference-centred, articulation of children's citizenship rights through an analysis of their rights of liberty and equality. Through a broadening of liberal, normative notions of liberty defined around exercising individuated autonomous decision-making or the participation in citizenry duties, the article re-defines children's rights of liberty in relational terms that ad...

The dark side of human rights

Abstract: Edmund Burke argued that abstract or universal rights to food and medicine were less valuable than the aid of ‘the farmer and the physician’. His point remains unanswered. Human rights receive universal lip service, but their status and justification remain murky. From one view they are universal requirements matched by counterpart universal obligations: but if so they cannot be defined or created by international Covenants. From another view they are defined by convention and have force only when states ratify international Covenants: but if so, they are not universal. This matters particularly for rights to goods and services, such as rights to food and health care. These rights require the active collaboration of those who are to deliver needed goods and services: yet this active engagement is endangered by imposing overly complex requirements in the name of compliance with human rights. Excessive demands for compliance, and excessive emphasis on complaint, compensation and blame as remedies for non-compliance, endanger the effective contribution of the farmer and the physician, and of others on whom the provision of needed goods and services most depends.

Protecting Human Rights: A Comparative Study

Abstract: 1: Norms and Rights at the Turn of the Century 2: Empirical Theories and Human Rights 3: Data and Methods 4: The International Human Rights Regime 5: Global Variation in Human Rights Protection 6: Modeling Human Rights Protection 7: Protecting Human Rights Appendix A: Coding ReservationsAppendix B: IGOs and INGOsNotesBibliographyIndex

Animal Rights: Current Debates and New Directions

Abstract: Introduction: What Are Animal Rights? PART I: CURRENT DEBATES 1. Animal Rights, One Step At A Time 2. Animal Rights: Legal, Philosophical, and Pragmatic Perspectives 3. Ethics Beyond Species and Beyond Instincts: A Reply to Richard Posner 4. Eating Meat and Eating People 5. Taking Animal Interests Seriously 6. Animals As Objects, or Subjects, of Rights 7. Drawing Lines 8. All Animals Are Not Equal: The Interface Between Scientific Knowledge and Legislation for Animal Rights PART II: NEW DIRECTIONS 9. Foxes in the Hen House: Animals, Agribusiness, and the Law 10. A New Property Status for Animals: Equitable Self-Ownership 11. Can Animals Sue? 12. Of Mice and Men: A Feminist Fragment on Animal Rights 13. Animal Rights and the Values of Nonhuman Life 14. "Beyond Compassion and Humanity": Justice for Non-Human Animals

The nature of rights.

Abstract: [FIRST PARAGRAPHS] The twentieth century saw a vigorous debate over the nature of rights. Will theorists argued that the function of rights is to allocate domains of freedom. Interest theorists portrayed rights as defenders of well-being. Each side declared its conceptual analysis to be closer to an ordinary understanding of what rights there are, and to an ordinary understanding of what rights do for rightholders. Neither side could win a decisive victory, and the debate ended in a standoff.1 This article offers a new analysis of rights. The first half of the article sets out an analytical framework adequate for explicating all assertions of rights. This framework is an elaboration of Hohfeld’s, designed around a template for displaying the often complex internal structures of rights. Those unfamiliar with Hohfeld’s work should find that the exposition here presumes no prior knowledge of it. Those who know Hohfeld will find innovations in how the system is defined and presented. Any theorist wishing to specify precisely what is at stake within a controversy over some particular right may find this framework useful.

Empowering children : children's rights education as a pathway to citizenship

Abstract: Approved by the General Assembly of the United Nations in 1989, the United Nations Convention on the Rights of the Child affirms that children in all countries have fundamental rights, including rights to education. To date, 192 states are signatories to or have in some form ratified the accord. Children are still imperilled in many countries, however, and are often not made aware of their guaranteed rights. In Empowering Children, R. Brian Howe and Katherine Covell assert that educating children about their basic rights is a necessary means not only of fulfilling a country?s legal obligations, but also of advancing education about democratic principles and the practice of citizenship. The authors contend that children?s rights education empowers children as persons and as rights-respecting citizens in democratic societies. Such education has a ?contagion effect? that brings about a general social knowledge on human rights and social responsibility. Although there remain obstacles to the implementation of children?s rights in many countries, Howe and Covell argue that reforming schools and enhancing teacher education are absolutely essential to the creation of a new culture of respect toward children as citizens. Their thorough and passionate work marks a significant advance in the field.

Human Rights in Criminal Proceedings

Abstract: Acknowledgements Tables of Cases List of Abbreviations PART ONE: INTRODUCTION 1. About this Book 2. The Scope and Application of the Right to a Fair Trial in Criminal Matters PART TWO: THE GENERAL FAIR TRIAL GUARANTEES 3. The Right to an Independent and Impartial Tribunal 4. The General Right to a Fair Trial 5. The Right to a Public Hearing 6. The Right to be Tried Within Reasonable Time PART THREE: THE SPECIFIC RIGHTS OF THE DEFENCE 7. The Right to be Presumed Innocent 8. The Right to be Informed of the Accusation 9. Adequate Time and Facilities 10. The Right to Defend Oneself and Have the Assistance of Counsel 11. The Right to Test Witness Evidence 12. The Right to the Free Assistance of an Interpreter 13. The Privelige Against Self-incrimination 14. The Right to Appeal 15. The Right to Compensation for Wrongful Conviction 16. The Protection Against Double-Jeopardy PART FOUR: MEASURES OF COERCION 17. Liberty and Security of Person: The Rules on Imprisonment 18. The Rights Guaranteed to all Persons Deprived of their Liberty 19. The Rights of Persons Detained on Remand 20. Other Fundamental Rights Affected by Criminal Proceedings Select Bibliography Index

Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe

Abstract: Part I:- 1. The Model Of Constitutional Review In Central And Eastern Europe: An Overview.- 1. The Emergence of the Current Model. 2. The Powers of Constitutional Courts and Initiators of the Review Process. 3. The Tenure and Selection of Judges. 4. Constitutional Courts' Pursuit of a Monopoly over Constitutional Adjudication. 2. Constitutional Courts In Search Of Legitimacy.- 1. The Legitimacy Dilemma. 2. Constitutional Courts Between the Judicial and Legislative Branch. 3. Why the 'Continental' Model of Review: Reasons or Rationalisations? 4. Constitutional Courts as Protectors of Minorities? 5. Conclusions. 3. The Model Of Judicial Review And Its Implications.- 1. Abstract Review. 2. Ex-Post Review. 3. Final Review. 4. Conclusions. 4. Constitutional Courts and Legislation.- 1. The Impact of Constitutional Courts on Law-Making. 2. Determinants of the 'Strength' of Judicial Review. 3. Constitutional Court and the Parliamentary Minority.4. The Question of Judicial Activism and Restraint. 5. Conclusions. Part II:- 5. Judicial Review and Protection Of Constitutional Rights.- 1. Two Theories about Judicial Review. 2. The Fact-Sensitivity of a Theory of Judicial Review. 3. Rights Protection and Disagreement about Rights. 4. Prudence and Judicial Review. 5. Conclusions. 6. Personal, Civil And Political Rights And Liberties.- 1. A Right to Life and Dignity. 2. Freedom of Religion. 3. The Right to Privacy. 4. Freedom of Movement and the Right to Choice of Residence. 5. Citizenship and Voting Rights. 6. Freedom of Petition, Assembly and Association. 7. Freedom of Expression. 8. Conclusions. 7. Socio-Economic Rights.- 1. Controversy Around Socio-Economic Rights. 2. Constitutional Catalogues of Socio-Economic Rights. 3. The Status of Socio-Economic Rights. 4. The Drawing of Distinctions Between Different Types of Rights by the Courts:Social Security Cases. 5. The Right to Work. 6. Rights to Health and Education. 7. Conclusions. 8. Equality And Minority Rights.- 1. Equality and Constitutional Review. 2. Gender and Sexual Orientation Equality. 3. Special Case of Affirmative Action. 4. Minority Issues in Central and Eastern Europe: An Overview. 5. Constitutional Design of Minority Rights: Group or Individual Rights? 6. Linguistic Rights. 7. The Special Case of Minority Representation in Public Authorities. 8. Conclusions. 9. 'Decommunisation', 'Lustration', And Constitutional Continuity.- 1. Main Dilemmas Raised by Decommunisation and Lustration Laws. 2. Lustration and Decommunisation in Central and Eastern Europe. 3. Retroactive Extensions of Statutes of Limitation. 4. Conclusions: Transitional Justice and Constitutional Continuity. 10. Restrictions Of Rights.- 1. Constitutional Design of Limits on Rights. 2. Constitutional Review of Statutory Limits on Rights: Proportionality Scrutiny. 3. Other Standards of Rights Restrictions. 4. Concluding Remarks on Rights limitations. Conclusions

Non-State Actors and Human Rights

Abstract: PART I: INTRODUCTION 1. The 'Not-a-Cat' Syndrome: Can the International Human Rights Regime Accommodate Non-State Actors? 2. The Changing International Legal Framework for Dealing with Non-State Actors PART II: NON-GOVERNMENTAL ORGANIZATIONS AND INTERNATIONAL ORGANIZATIONS AS NON-STATE ACTORS 3. The Evolving Status of NGOs under International Law: A Threat to the Inter-State System? 4. Economic, Social, and Cultural Rights and the International Monetary Fund PART III: CORPORATIONS 5. Catching the Conscience of the King: Corporate Players on the International Stage 6. Corporate Responsibility and the International Law of Human Rights: The New Lex Mercatoria 7. The Accountability of Multinationals for Human Rights Violations in European Law 8. Human Rights Responsibilities of Businesses as None-State Actors Bibliography on Non-State Actors in International Law

Constitutional Environmental Rights

Abstract: Introduction 1. The Case for a Human Right to an Adequate Environment 2. Constitutionalizing the Right to an Adequate Environment: Challenges of Principle 3. The Challenge of Effective Implementation 4. Environmental Rights as Democratic Rights 5. Is a Constitutional Right Necessary? A European Perspective 6. Environmental Rights and Environmental Justice: A Global Perspective Conclusion

The democracy makers : human rights & international order

Abstract: Introduction: The Cosmopolitics of Democratization1. From Cold Warriors to Human Rights Activists2. The Field Of Democracy and Human Rights: Shaping a Professional Arena Around a New Liberal Consensus3. From the Development Engineers to the Democracy Doctors: The Rise And Fall of ModernizationTheory4. Democratization Studies and the Construction of a New Orthodoxy5. International Relations Theory and the Emancipatory Narrative of Human Rights Networks6. Financing the Construction of "Market Democracies": The World Bank and the Global Supervision of "Good Governance"ConclusionAppendixNotesBibliographyIndex of NamesIndex of Subjects

Anthropology, Human Rights, and Legal Knowledge: Culture in the Iron Cage

Abstract: In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and critical lawyers who critically engage the human rights regime share a common problem - that of the iron cage of legal instrumentalism. I conclude that an ethnographic method reconfigured as a matter of what I term circling back - as opposed to cultural description - offers a respite from the hegemony of legal instrumentalism.

The Protection of the Right to Education by International Law

Abstract: [In view of the trend of demoting education from ”human right” to “human need” and the accompanying commercialisation of education, and the complex nature of the right to education under international law, entailing a freedom and a social aspect, this book seeks to affirm education as a “human right” and to describe the various state duties flowing from the right to education, by referring to the provisions on the right to education found in instruments of international law and by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights., In view of the trend of demoting education from ”human right” to “human need” and the accompanying commercialisation of education, and the complex nature of the right to education under international law, entailing a freedom and a social aspect, this book seeks to affirm education as a “human right” and to describe the various state duties flowing from the right to education, by referring to the provisions on the right to education found in instruments of international law and by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights.]

International Human Rights Law as Power/Knowledge

Abstract: It is often noted that the modern human rights discourse is predominately a discourse of international law. Interest groups, nongovernmental organizations, major international organizations, and states all accept that the global human rights regime is a legal construct. Scholarly work on human rights also adopts a predominately legal approach, as shown by several surveys of the literature and the human rights curriculum at the university level. This article places international human rights law within the context of critique in an effort to explain the hegemony of law within the human rights discourse. It begins with a discussion of the nature of human rights discourse as it is practiced in the current world order. It then moves to introduce the idea of discipline in world order, in particular "market discipline," which provides the dominant set of values upon which international action is undertaken. An additional section looks at the tensions between international human rights law and the norms that describe "market discipline." Finally, the conclusion is that international human rights law offers a discourse of both freedom and domination.

A Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya

Abstract: The cases on Chechnya recently decided by the European Court of Human Rights force us to re-evaluate the relationship between human rights law and humanitarian law. Since the International Court of Justice held that humanitarian law is lex specialis to human rights law in 1996 - if not since the Tehran Conference of 1968 - it has been widely accepted that 'human rights in armed conflict' refers to humanitarian law. The ECtHR has directly applied human rights law to the conduct of hostilities in internal armed conflicts. The rules it has applied may prove controversial, but humanitarian law's limited substantive scope and poor record of achieving compliance in internal armed conflicts suggest the importance of this new approach.

The united states commission on civil rights

Abstract: This report presents information from a 1997 community forum of the Vermont Advisory Committee on racial harassment in Vermont public schools. Parents, students, teachers, administrators and community and advocacy group representatives offered their views on racial harassment in the public schools, describing them as hostile and unfriendly places wherein racial slurs, epithets, and physical assaults occurred. The committee concluded that: racial harassment was pervasive in and around Vermont's public schools, and elimination of this harassment was not a priority; coordinated leadership by elected officials, business leaders, and education officials was needed to improve racial relations; existing state law was deficient in addressing these problems; staff shortages and limited resources available to the Vermont Department of Education made it difficult for the Department to set the elimination of racial harassment as a statewide priority; and the Vermont Human Rights Commission had insufficient resources to effectively address reported racial harassment incidents. Recommendations for each of these problems are presented. Relevant letters, policy, and legislation are appended. (SM)

Human Rights Conditionality in the EU's International Agreements

Abstract: INTRODUCTION PART ONE 1. Evolution of human rights clauses 2. Human rights clauses in practice 3. Human rights clauses in context PART TWO 4. Interpretation of human rights clauses 5. Procedures under human rights clauses 6. Substantive obligations under human rights clauses PART THREE 7. Community competence to include human rights clauses in international agreements 8. Member State obligations to perform international obligations undertaken ultra vires by the Community CONCLUSION

Freedom from Want: The Human Right to Adequate Food

Abstract: List of Tables and Figures Foreword by Jean Ziegler Acknowledgments Introduction: Taking Rights Seriously Part I. Foundations Chapter 1. Food and Nutrition Malnutrition Causes of Malnutrition Growth Measurement Numbers of Malnourished People Malnutrition and Mortality Comparative Morality Food and Nutrition Security Varieties of Government Action Chapter 2. The International Human Rights System Historical Foundations International Humanitarian Law The International Bill of Human Rights Children's Rights Regional Human Rights Agreements Human Rights Agencies United Nations Charter Bodies United Nations Treaty Bodies Civil Society Organizations Informal Civil Society Chapter 3. Adequate Food is a Human Right Economic, Social, and Cultural RightsFood in International Human Rights Law Food in International Humanitarian Law Global Declarations and Commitments General Comment 12The Special RapporteurThe Voluntary Guidelines Part II. Human Rights Systems Chapter 4. Human Rights, Governance, and Law Human Rights and Governance Studying Human Rights in National Governance The Role of National LawUniversal Human Rights and the Role of International Law Chapter 5. Rights/Entitlements DefinitionMoral versus Legal RightsSoft versus Hard RightsRights as Goals Rights Imply EntitlementsDetermining Local EntitlementsHaving versus Realizing Rights Chapter 6. Obligations and Commitments Moral Responsibilities When Do Governments Do Human Rights Work? Levels of Government ObligationEconomic Rights The Obligation of Good Governance Obligations of Nonstate Actors Questionable Charity Chapter 7. Accountability MechanismsVarieties of Accountability Justiciability Remedies for Rights Holders National and Local Human Rights AgenciesAccountability through Public Action Chapter 8. India The Supreme Court Case Starvation is Not the Problem The Missing Piece in India's Rights SystemThe Tamil Nadu Integrated Nutrition Project Chapter 9. Brazil Chapter 10. The United States Chapter 11. Feeding InfantsBreast-Feeding RightsInfants' Human Right to Adequate Food Principles Women's Right to Breast-Feed versus Infants' Right to be Breast-Fed Chapter 12. Feeding Infants of HIV-Positive Mothers Official Guidance on HIV/AIDS and Infant Feeding Issues A Court Case Informed Choice Principles Chapter 13. Water The Household Water Problem Water Rights are DifferentGeneral Comment 15 Chapter 14. TradeIssues The Human Right to Adequate Food in Relation to Trade Reconciling Different Frameworks Food Sovereignty Chapter 15. RefugeesIssues in Refugee NutritionExplanations and Justifications for Uneven ServicesThe Human Right to Adequate FoodThe Adequacy QuestionSpecifying the ObligationsLimiting the ObligationsThe Work Ahead Chapter 16. International Humanitarian AssistanceIssuesRights to AssistanceThe Provider's Motivation Implementation Chapter 17. Global Human RightsGlobal Rights and Global ObligationsGlobal Accountability Strategic Planning Sources ReferencesIndex

Human Rights and Development: Towards Mutual Reinforcement

Abstract: Preface Notes on Contributors List of Tables List of Figures Abbreviations 1. The Challenges of Ensuring the Mutuality of Human Rights and Development Endeavours 2. Some Reflections on Human Rights and Development 3. What Rights Can Add to Good Development Practice A. THE ECONOMICS OF SOCIAL RIGHTS 4. Democracy and the Right to Food 5. Social Rights and Economics: Claims to Health Care and Education in Developing Countries B. LAND RIGHTS AND WOMEN'S EMPOWERMENT 6. The Properties of Gender Equality 7. The Development Impact of Gender Equality in Land Rights 8. Women's Property Rights Violations in Kenya C. CHILD LABOUR AND ACCESS TO EDUCATION 9. Child Labour, Education, and Children's Rights 10. Child Labour, Education, and the Principle of Non-Discrimination 11. Human Rights and Public Goods: Education as a Fundamental Right in India D. REFORM OF LEGAL AND JUDICIAL SYSTEMS 12. The Impact of Human Rights Principles on Justice Reform in the Inter-American Development Bank 13. Less Law and Reform, More Politics and Enforcement: A Civil Society Approach to Integrating Rights and Development E. THE ROLE OF THE PRIVATE SECTOR IN PROMOTING HUMAN RIGHTS 14. Putting Human Rights Principles into Development Practice through Finance: The Experience of the International Finance Corporation 15. Human Rights and Governance: The Empirical Challenge 16. Transnational Corporations as Instruments of Human Development F. BUILDING HUMAN RIGHTS INTO DEVELOPMENT PLANNING PROCESSES: THE PRSP EXERCISE 17. Poverty Restriction Strategy Papers within the Human Rights Perspective 18. Human Rights and Poverty Restriction Strategies: Moving Towards Convergence? 19. Human Rights, Poverty Restriction Strategies, and the Role of the International Monetary Fund 20. The Legal Aspects of the World Bank's Work on Human Rights: Some Preliminary Thoughts

Power, Capture, and Conflict: A Call for Human Rights Accountability in Development Cooperation

Abstract: Ushered in during the 1990s in response to development failures of the structural adjustment era, human rights-based approaches to development have proliferated in recent years. Nonetheless, the rhetoric has so far not been matched by conceptual rigor, systematization of practice, or lessons-learning—shortcomings that may undermine continuing support for such approaches. This Article seeks to contribute conceptual clarity to the frequently muddy waters of rights-based approaches, addressing in particular the conceptual and practical relevance of the international human rights normative framework to development cooperation within the UN system. The analysis focuses upon particular niches in which a normatively rigorous model for rights-based programming seems uniquely adapted, that is to say, in addressing asymmetries of power, the phenomenon known as "elite capture," and the transformation of violent conflict. The Article concludes with a reminder of the challenges and prerequisites for the wider implementation of rights-based approaches, and of the urgency of the need for a strengthened conceptual framework for empowerment and accountability.

Undue Process: Congressional Referral and Judicial Resistance in the Schiavo Controversy

Abstract: The congressional response to the Schiavo controversy was both extraordinary and feeble. Without touching substantive law, Congress essentially offered Schiavo's parents a referral to a federal court for more process. Was the statute constitutional? In this brief essay, I conclude that the answer is probably "yes." Reaching this conclusion, however, necessitates an investigation into when too much process is a constitutional problem. Everyone understands that decision costs are a concern for good policy makers, but when if ever should judges invoke the Constitution to end prolonged handwringing? The law literature is silent on that question. This essay concludes with a first effort to analyze the problem. It identifies a few locations where decision costs are capped by constitutional text or judicial precedent; marks limits on any Dworkinian rights-based argument against process; and reviews the incentives and trade-offs suggested by utilitarian theories of institutional choice and design.