Showing papers on "Human rights published in 1977"

The Individual, the State, and Ethnic Communities in Political Theory

Abstract: Liberal political theory and contemporary expositions of human rights focus largely on the individual. Some liberal theorists even deny that ethnic communities and other groups, as collective entities, can have moral rights at all. The outlook is narrow and unfortunate. It reflects a preoccupation with domestic politics and a model of domestic politics that neglects the common fact of heterogeneity. It ignores widespread practices and urgent problems, for in many countries groups identified by race, language, or religion make moral claims, and their claims are sometimes conceded. It ignores the common view that nations or “peoples” have a (moral) right of self-determination, and it even leaves the state itself without justification. If theory is to give adequate guidance, its focus must be broadened. The question of group rights needs to be explored, and interrelationships between the rights of individuals, of groups, and of the state need to be clarified.

The natural right to the means of production

Abstract: Affirmations that there are natural rights typically provoke queries as to which rights they are. And it has been the lack of convincing answers that has, understandably, engendered much if not all of the scepticism with which such affirmations are frequently greeted. Perhaps the only unexceptionable claim that can be registered about the subject of human or natural rights is that agreement on their existence is more widespread than is agreement on their identity. Philosophical attempts to vindicate them-that is, attempts to display the intelligibility of the concept of natural rights-are, at best, necessarily confined to grounding their existence on the formal features of rights-claims in general. Such arguments cannot extend to a further demonstration that rights-claims themselves enjoy, not merely an historically important, but also a logically entrenched position in moral discourse.1 Our acknowledgement of the aspect of personal inviolability implied in any justified rights-claim is a moral and not a conceptual judgement. To say this is not, however, to say that we are debarred from engaging in fruitful reasoning about the content of natural or human rights. For within these limits, it can be and has been shown that any such rights must possess certain properties. Being presupposed by contractual and conventional rights, natural rights can (trivially) be characterized as non-contractual and non-conventional.2 That is, the individual entitlements they prescribe cannot accrue to their possessor by virtue of some action he or another has previously performed. Being in this sense undeserved, such rights must evidently accrue to their possessor by virtue of what he or she is-technically a moral agent, more conventionally a human being. And this in turn implies two further properties commonly ascribed to such rights: namely, that they are universal and inalienable. These rights accrue to beings if they are human and are theirs so long as they are human.3 What I shall try to show in this paper is that one can go some distance toward specifying the content of human or natural rights, by considering the conditions under which a set of rights can be universally and inalienably

The Practice of Rights

Abstract: Preface Introduction 1 The practice of rights 2 Types of rights 3 Aspects of the logic of rights (I) 4 Aspects of the logic of rights (2) 5 Rights and rules 6 Rights and authority 7 Rights and freedom 8 Rights and the Liberal principle 9 Rights and community 10 Individual liberties in a Liberal society Appendix Notes Index

Law and the rise of capitalism

Abstract: Originally published in 1977 and translated into Spanish, Portugese, Greek, and Chinese, Law and the Rise of Capitalism examines the role of law and lawyers in the European bourgeoisie's conquest of power. From the scattered urban uprisings of the eleventh century to the English and French revolutions, Michael Tigar traces this history using charters, letters, statutes, and other primary sources.Against a backdrop of seven hundred years of bourgeois struggle, Tigar weaves a Marxist theory of law and jurisprudence based upon the Western experience. Contradicting R.H. Tawney and Max Weber, he shows that the legal theory of the insurgent bourgeoisie predated the Protestant Reformation and was a major ideological ingredient of the bourgeois revolution and also helps explain today's revolutionary movements.In a compelling new introduction, Tigar discusses the struggle for human rights in the historical context of the past two decades, drawing on his own experiences as a fighter for democratic rights in the United States, Europe and South Africa.

Do potential people have moral rights

Abstract: (1977). Do Potential People Have Moral Rights? Canadian Journal of Philosophy: Vol. 7, No. 2, pp. 275-289.

Labour market problems of native people in Ontario

Abstract: 124, 3 leaves : ; Includes bibliographical references. ; Cover title. This study was funded by the Ontario Human Rights Commission. The Commission does not necessarily agree with the views expressed in this study.

Comparative human rights

Abstract: INTRODUCTION AND OVERVIEW This course offers an introduction to comparative human and constitutional rights law. The first part introduces the students to the structure and basic doctrines of human rights law and to the nature and methodology of comparative law. The following parts cover a range of important and controversial issues in human rights law: abortion; euthanasia and physician-assisted suicide; “deviant” sexual practices; same-sex marriage; religion in the public sphere; hate speech and denial of the Holocaust; obscenity and blasphemy; socio-economic rights; terrorism and human rights. These topics are approached by studying and comparing judgments from various influential courts all over the world, including the U.S. Supreme Court, the Canadian Supreme Court, the South African Constitutional Court, the European Court of Human Rights, the U.K. Supreme Court, and the German Federal Constitutional Court. The courts’ decisions serve as a springboard for a critical discussion of the respective rights issue.

Exhaustion of Local Remedies in International Law experiments granting procedural status to individuals in the first half of the twentieth century

Abstract: In contrast with the vast specialized literature on the application of the rule of exhaustion of local remedies in contemporary experiments on the international protection of human rights, comparatively very little has been written on the place of the local remedies rules in earlier international law experiments granting procedural status to individuals. It may in fact be asked to what extent was the application of the local redress rule in those earlier experiments taken into due account by the draftsmen of present-day human rights instruments and procedures. The present study purports to examine the multiplicity of solutions given to the problem of exhaustion of local remedies in international experiments in the first half of the twentieth century.

Human Needs and Human Rights-: A Theoretical Approach

Abstract: a need, the need-object of which is, e.g., food; the individual, consequently, is the need-subject. If we accept that individuals are the only subjects capable of having a consciousness, then human needs are individual needs although they certainly may require social arrangements for their satisfaction. In fact, their satisfaction has similarities with political processes in general : There must be some consciousness of the

Les situations d'urgence qui permettent en droit international de suspendre les droits de l'homme

Abstract: This article describes and comments the types of emergency situations which are recognised by the international law of human rights as justifying suspension of specific rights and freedoms. The European standards on this matter are extensively analysed, and subsidiary consideration is given to many connected agreements and reports sponsored by international organisations. The introduction asks whether the public danger must always be "officially proclaimed". It then indicates what state organs should be competent to declare an emergency and to what extent their decisions in this respect are liable to effective judicial and political control. On the availability of such checks depends the enforcement of those further safeguards which international bills of rights have set with respect to when a crisis actually prevails. The first Chapter considers the terms whereby the derogation clauses of international charters of human rights refer to emergency situations and draws upon the construction which has been officially given to the relevant provisions. The definition of a public danger may be more or less encompassing and consequently more or less permissive. Thus, the reference in article 4(3)(c) of the European Convention on Human Rights to threats to the "well-being" in addition to threats to the "life" of the community has significantly broadened the scope of emergency exceptions to the freedom from forced or compulsory labour. Under the American Convention on Human Rights, derogatory measures can be taken when a situation "threatens the independence or security of a State Party", and it is demonstrated that this provides no valuable test as to whether a proclamation of emergency corresponds to an actual danger. The same is true of the expression "(threat to) the interests of the people" which appeared in the drafts of both the European Convention and the UN Covenant on Civil and Political Rights. These two agreements, as well as the European Social Charter, condone the taking of derogatory measures wherever the "life of the nation" is endangered, and the meaning of this phrase is studied in the light of the relevant preparatory works and the judicial pronouncements of the European Commission and Court of Human Rights. In the second Chapter, critical sets of circumstances involving revolutionary elements are considered with a view to ascertaining whether they meet the requirements of international bills or rights as regards the nature of the crisis. The main problem which was brought before the European Commission with respect to this matter is raised by the coming to power of an unconstitutional government. Has such a government the right to derogate from the Convention in order to preserve its own existence? An affirmative answer was given in the First Greek Case. Nevertheless, it is submitted that the Report of the Commission on this Case embodies a considerably hardened approach as compared to its earlier case-law. Moreover, on the merits of the Case, the Commission has not stuck to the right question and has overlooked the main element: it has, in fact, decided that on April 21, 1967, no public emergency threatened, the life of the constitutional, rather than the revolutionary, Government of Greece and it has not drawn at all upon the effects of the occurence of the coup itself. Threats to the territorial integrity of Contracting Parties are then shortly discussed and, with particular reference to self-determination, it is shown that most derogation clauses favour the preservation of the status quo. The same would hold good when it comes to threats to democracy as such, whether they be raised lawfully or not. In this connection, the European Commission appears to have qualified the sweeping language that it originally used in the German Communist Party Case. As to duration, finally. Chapter three asks whether the periods just preceding and just following a public danger are themselves covered by the relevant derogatory provisions. Anticipatory proclamations of emergency are invariably accepted as legitimate. All derogation clauses indicate that it is the threat which must be actual and not the hostilities, though these must be imminent. The European Commission has not applied consistently its own views on this matter. Conversely, transitional states of emergency may be acceptable from an economic standpoint, but not in the field of human rights. The difficulty here is to make sure that a crisis has not merely been placed under control and that a withdrawal of derogatory measures will not revive the threat to the life of the nation. This problem, it is submitted, must be treated in conjunction with the determination whether the suspension of rights and freedoms remained "strictly required by the exigencies of the situation". The article concludes that valuable standards have been set on the international plane as to conditions regulating the existence of those public emergencies which condone suspension of human rights. Most of these tend to make sure that the legal conception of a public danger continuously relates to an actual crisis and remains essentially limited in substance and in time. The case is also made for the retention of judicial control over the type of "political" decision involved.

A government as good as its people

Abstract: This volume presents sixty-two of the best and most notable public statements made by Jimmy Carter on his way to becoming president of the United States Included are formal speeches on specific issues, such as Pardon Yes, Amnesty, No delivered in Seattle, Washington, August 24, 1976; news conferences like the one on Ethnic Purity conducted for the American Society of Newspaper Editors in Washington, DC, April 13, 1976; informal remarks made to political gatherings; interviews (including the controversial Playboy interview from November 1976); and excerpts from the debates with President Ford Available again in paperback, this sampling of President Carter's philosophy is extremely readable Carter's public pronouncements address the major concerns of our time - crime, taxes, technology, poverty, nuclear energy, world order, foreign policy, urban sprawl, human rights, the American family - and collectively stand as a testament to his deeply held conviction that we still can, and must, have a government as good as its people

Human Rights and World Public Order: Human Rights in Comprehensive Context

Abstract: The demands for human rights being made today around the world are heir to all the great historic movements for human freedom, equality and solidarity-including the English, American, French, Russian and Chinese revolutions and the events they set in train. They derive also from the more enduring elements in the traditions both of natural law and natural rights and of most of the world's great religions and philosophies. They achieve support, further, from the findings of modern science about the close link between simple respect for human dignity and the shaping and sharing of all other values.' It has been many times observed how

Autointerpretation, Competence, and the Continuing Validity of Article 2(7) of the UN Charter

Abstract: With the failure of the United Nations to control the use of force by states to the degree that many had wished for, the attention of many commenators shifted to what was hoped would be more fertile ground—the protection of human rights, self-determination, and other areas in which the organization might play a supranational role. In discussing the development of the supranational aspect of the organization, attention is invariably directed to Article 2(7) of the Charter which is, of course, the current symbol of sovereignty. Since most visionaries are frustrated by the concept of sovereignty, it is not surprising that this article has received little sympathy on the part of many who are more concerned with ends than means. Yet it is doubtful whether the concept may be dismissed summarily and, since it plays such a key role in so many of the allegedly developing fields of international law, one would do well to consider how Article 2(7), properly interpreted, affects the legal assumption on which supranationalism is based.

Abortion and human rights.

Abstract: Philosophical and popular thinking about abortion is influenced by the belief that the fundamental issue in settling the morality of abortion is whether a fetus is a person (is a human being, has a right to life, or has passed the point at which "life begins"). Despite widespread disagreement over "where to draw the line," many people believe (a) that there is a point somewhere between conception and adulthood that is morally significant, and (b) that the morality of a particular abortion depends upon whether it occurs before or after that point. These assumptions are widely shared: ardent antiabortionists insist that the significant point is conception; at least one philosopher thinks that the Supreme Court, in permitting abortions during the first two trimesters of pregnancy, has ". . for all practical purposes . . . resolve[d] the difficult question of when life begins;"' and more than one philosopher has searched for criteria for determining whether or not a being is a person in order to settle the morality of abortion-the basic idea being that if a fetus is not a person, then abortion is morally permissible. All of these ideas, I shall argue, rest upon mistaken assumptions, and after explicating briefly some of the principles that determine the distribution of human rights, I shall argue on the basis of those principles that (a) and (b) are false.

Research barriers in psychopharmacology.

Abstract: The author discusses barriers to psychopahrmacological research, including attacks by vocal human rights groups, regulation by local review boards, and Department of Health, Education, and Welfare restrictions. He suggests that those patients least able to give informed consent are most in need of the benefits of research on new drugs.

The Catholic Church, “Politics,” and Violence: The Colombian Case*

Abstract: The issue of politics and the Catholic Church in Latin America, relegated until recently to nineteenth-century historians, is very much alive today. On the one hand, the church as an institution is enmeshed in public controversy over human rights with repressive regimes from Paraguay to Panama, from Brazil to Chile. When it serves as a shelter for political and social dissent, it is accused by secular authorities of engaging in a “new clericalism.” On the other hand, it has been assailed by critics within for being wed to existing political powers. These radical clergy and lay people believe that the church's social presence is inevitably political, but want to change its alliances to benefit the poor and dispossessed. Furthermore, they believe that the existing order in given situations is aform of “institutionalized violence” against which the Christian response must be “counterviolence.” Such attacks from right and left occur, paradoxically, just at a time when the Latin American church has turned with unprecedented resolve to fundamental pastoral tasks. Politics has thus become a problem just as the hierarchy can claim, with considerable justification, to have eschewedthe practice of partisanship and the pursuit of power.

The OAS and the Promotion and Protection of Human Rights

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Rights of Children.

Abstract: Children are the newest claimants to constitutional freedoms. Their rights are being asserted with increasing frequency in expanding contexts. And the courts are listening. Since 1943 when the Supreme Court ruled that school children had an interest in "intellect and spirit" which protected them against having to salute the flag in violation of their religious beliefs,' constitutional rights of minors have been steadily enlarged. It is now acknowledged that children have protected interests in freedom of expression (Tinker, 1969), privacy (Planned Parenthood, 1976; Bellotti, 1976), procedural due process in criminal (McKiver, 1971; In re Winship, 1970; In re Gault, 1967) and non-criminal (Goss, 1975) settings, and freedom from double jeopardy (Breed, 1975). Most of the disputes involving children have been between children and the government-whether, for example, school officials may prohibit students from wearing arm bands to class to protest American involvement in the Vietnam War (Tinker, 1969), or whether children must be given the same protection as adults when they are charged with violations of the law (In re Gault, 1967). The decisions which expanded juvenile rights were thus unencumbered by conflicting parental rights to control of children. In that sense, and in retrospect, the decisions were relatively easy ones to make, involving simply the application of familiar constitutional freedoms, well developed in application to adults, to children in analogous contexts. Defining children's constitutional freedoms is vastly more difficult where parental rights (or interests) are also asserted. It is simply not clear in such cases where traditional libertarian allegiances should lie, for emerging children's rights have entered a crowded area of the stage, colliding with other carefully nurtured rights and interests: particularly those of parents as the preferred managers of their children's development, and familial interests in autonomy and privacy.2 The constitutional rights of parents were acknowledged long before those of children, and the Supreme Court cases defining them are now classic (Meyer, 1923; Pierce, 1923; Prince, 1944; Stanley, 1972; Wisconsin, 1972). The Court has spoken of the rights of parents in language usually reserved for rights viewed as basic or fundamental-rights *Walter H. Bennett, Jr., is a member of the North Carolina Bar and practices law in Charlotte, North Carolina, with the firm of Casey, Daly & Bennett, P. A. Laughlin McDonald is a member of the South Carolina Bar and the Georgia Bar and is Director, Southern Regional Office, American Civil Liberties Union Foundation, Inc., 52 Fairlie Street, N.W., Suite 355, Atlanta, Georgia 30303.

Development and Human Rights: Some reflections on the study of development, human rights, and peace

Abstract: as a third field of investigation where research is conducted along parallel and non-intersecting lines with peace research and human rights. It would be pretentious for a scholar many times more qualified than the present writer to claim to embrace all three fields and draw transdisciplinary conclusions. Nevertheless, some very preliminary remarks on development, peace, and human rights may help motivate research by others along such transdisciplinary lines. The intention of this article is, therefore, to look at development from the perspective of human rights in a way which I hope will be of interest to peace researchers. Thus, without attempting to provide proper scientific demonstration, I shall evoke briefly a few ideas on the