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Showing papers on "Human rights published in 2002"


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Oona A. Hathaway1
TL;DR: In this paper, a large-scale quantitative analysis of the relationship between human rights treaties and countries' human rights practices is presented, based on a database encompassing 166 nations over a nearly forty-year period in five areas of human rights law.
Abstract: Do countries comply with the requirements of human rights treaties that they join? Are these treaties effective in changing states' behavior for the better? This Article addresses these questions through a large-scale quantitative analysis of the relationship between human rights treaties and countries' human rights practices. The analysis relies on a database encompassing 166 nations over a nearly forty-year period in five areas of human rights law. The analysis finds that although the practices of countries that have ratified human rights treaties are generally better than those of countries that have not, noncompliance with treaty obligations appears common. More paradoxically, controlling for other factors that affect practices, it appears that treaty ratification is not infrequently associated with worse practices than otherwise expected. These findings can be explained in part, the Article contends, by the dual nature of treaties as both instrumental and expressive instruments. Treaties not only create binding law, but also declare or express the position of countries that ratify them. Because human rights treaties tend to be weakly monitored and enforced, countries that ratify may enjoy the benefits of this expression-including, perhaps, reduced pressure for improvements in practices-without bearing significant costs. This does not mean that human rights treaties do not have any positive influence, but simply that these positive effects may sometimes be offset or even outweighed by treaties' less beneficial effects. The Article concludes by considering better ways to help ensure that human rights treaties improve the lives of those they are meant to help.

1,006 citations


Journal ArticleDOI
TL;DR: In this paper, a large-scale quantitative analysis of the relationship between human rights treaties and countries' human rights practices is presented, based on a database encompassing 166 nations over a nearly forty-year period in five areas of human rights law.
Abstract: Do countries comply with the requirements of human rights treaties that they join? Are these treaties effective in changing states' behavior for the better? This Article addresses these questions through a large-scale quantitative analysis of the relationship between human rights treaties and countries' human rights practices. The analysis relies on a database encompassing 166 nations over a nearly forty-year period in five areas of human rights law. The analysis finds that although the practices of countries that have ratified human rights treaties are generally better than those of countries that have not, noncompliance with treaty obligations appears common. More paradoxically, controlling for other factors that affect practices, it appears that treaty ratification is not infrequently associated with worse practices than otherwise expected. These findings can be explained in part, the Article contends, by the dual nature of treaties as both instrumental and expressive instruments. Treaties not only create binding law, but also declare or express the position of countries that ratify them. Because human rights treaties tend to be weakly monitored and enforced, countries that ratify may enjoy the benefits of this expression-including, perhaps, reduced pressure for improvements in practices-without bearing significant costs. This does not mean that human rights treaties do not have any positive influence, but simply that these positive effects may sometimes be offset or even outweighed by treaties' less beneficial effects. The Article concludes by considering better ways to help ensure that human rights treaties improve the lives of those they are meant to help.

881 citations


Book
08 Nov 2002
TL;DR: In this paper, the authors present four easy reasons to ignore world poverty and defend our acquiescence in world poverty, and do our new global economic order really not harm the poor?
Abstract: Introduction.I Some Cautions About Our Moral JudgementsII Four Easy Reasons to Ignore World PovertyIII Defending Our Acquiescence in World PovertyIV Does Our New Global Economic Order Really Not Harm the Poor?V Responsibilities and ReformsChapter 1: Human Flourishing and Universal Justice1.0 Introduction1.1 Social Justice1.2 Paternalism1.3 Justice in First Approximation1.4 Essential Refinements1.5 Human Rights1.6 Specification of Human Rights and Responsibilities for their Realization1.7 ConclusionChapter 2: How Should Human Rights be Conceived?2.0 Introduction2.1 From Natural Law to Rights2.2 From Natural Rights to Human Rights2.3 Official Disrespect2.4 The Libertarian Critique of Social and Economic Rights2.5 The Critique of Social and Economic Rights as 'Manifesto Rights'2.6 Disputes about Kinds of Human RightsChapter 3: Loopholes in Moralities3.0 Introduction3.1 Types of Incentives3.2 Loopholes3.3 Social Arrangements3.4 Case 1: The Converted Apartment Building3.5 Case 2: The Homelands Policy of White South Africa3.6 An Objection3.7 Strengthening3.8 Fictional Histories3.9 Puzzles of Equivalence3.10 ConclusionChapter 4: Moral Universalism and Global Economic Justice4.0 Introduction4.1 Moral Universalism4.2 Our Moral Assessment of National and Global Economic Orders4.3 Some Factual Background about the Global Economic Order4.3.1 The Extent of World Poverty4.3.2 The Extent of Global Inequality4.3.3 Trends in World Poverty and Inequality 4.4 Conceptions of National and Global Economic Justice Contrasted4.5 Moral Universalism and David Miller's Contextualism4.6 Contextualist Moral Universalism and John Rawls's Moral Conception4.7 Rationalizing Divergent Moral Conceptions Through a Double Standard4.8 Rationalizing Divergent Moral Conceptions Without a Double Standard4.9 The Causal Role of Global Institutions in the Persistence of Severe Poverty4.10 ConclusionChapter 5: The Bounds of Nationalism5.0 Introduction5.1 Common Nationalism - Priority for the Interests of Compatriots5.2 Lofty Nationalism - The Justice-for-Compatriots Priority5.3 Explanatory Nationalism - The Deep Significance of National Borders5.4 ConclusionChapter 6: Achieving Democracy6.0 Introduction6.1 The Structure of the Problem Faced by Fledgling Democracies6.2 Reducing the Expected Rewards of Coups d'Etat6.3 Undermining the Borrowing Privilege of Authoritarian Predators6.3.1 The Criterial Problem6.3.2 The Tit-For-Tat Problem6.3.3 The Establishment Problem6.3.4 Synthesis6.4 Undermining the Resource Privilege of Authoritarian Predators6.5 ConclusionChapter 7: Cosmopolitanism and Sovereignty7.0 Introduction7.1 Institutional Cosmopolitanism Based on Human Rights7.2 The Idea of State Sovereignty7.3 Some Main Reasons for a Vertical Dispersal of Sovereignty7.3.1 Peace and Security7.3.2 Reducing Oppression7.3.3 Global Economic Justice7.3.4 Ecology/Democracy7.4 The Shaping and Reshaping of Political Units7.5 ConclusionChapter 8: Eradicating Systemic Poverty: Brief for a Global Resources Dividend8.0 Introduction8.1 Radical Inequality and Our Responsibility8.2 Three Grounds of Injustice8.2.1 The Effects of Shared Social Institutions8.2.2 Uncompensated Exclusion from the Use of Natural Resources8.2.3 The Effects of a Common and Violent History8.3 A Moderate Proposal8.4 The Moral Argument for the Proposed Reform8.5 Is the Reform Proposal Realistic?8.6 ConclusionNotesBibliographyIndex

770 citations


Book
06 Feb 2002
TL;DR: In the face of more mass killing and dying in Darfur, whether we really are ever going to be capable, as an international community, of stopping nation-states from murdering their own people as discussed by the authors.
Abstract: “Never again” we said after the Holocaust. And after the Cambodian Ngenocide in the 1970s. And then again after the Rwandan genocide in 1994. And then, just a year later, after the Srbrenica massacre in Bosnia. And now we’re asking ourselves, yet again, in the face of more mass killing and dying in Darfur, whether we really are ever going to be capable, as an international community, of stopping nation-states from murdering their own people. How many more times will we look back wondering, with varying degrees of incomprehension, horror, anger, and shame, how we could have let it all happen?

749 citations


Book
01 Jan 2002
TL;DR: Singer as mentioned in this paper addresses four main global issues: climate change, the role of the World Trade Organization, human rights and humanitarian intervention, and foreign aid from an ethical perspective and offers alternatives to the state-centric approach that characterizes international theory and relations.
Abstract: Known for his thinking on matters ranging from the treatment of animals to genetic screening, Peter Singer now turns his attention to the ethical issues surrounding globalization. In this provocative book, he challenges us to think beyond the boundaries of nation-states and consider what a global ethic could mean in today's world. Singer raises questions about such an ethic and, more importantly, he seeks to provide illuminating and practical answers. The text encompasses four main global issues: climate change; the role of the World Trade Organization; human rights and humanitarian intervention; and foreign aid. Singer addresses each vital issue from an ethical perspective and offers alternatives to the state-centric approach that characterizes international theory and relations today. Posing a bold challenge to narrow or nationalistic views, Singer aims to present a realistic, new way of looking at contemporary global issues, through a prism of ethics.

703 citations


Journal ArticleDOI
TL;DR: This section looks back to some ground-breaking written contributions to public health, reproducing them in their original form and adding a commentary on their significance from a modern-day perspective.
Abstract: This section looks back to some ground-breaking written contributions to public health, reproducing them in their original form and adding a commentary on their significance from a modern-day perspective To complement the theme of this month's Bulletin, Frank Grad comments on the Preamble to the Constitution of the World Health Organization (1) The Constitution was presented at the International Health Conference in New York on 22 July 1946 and signed by the "duly authorized" representatives of the governments participating The original version of the document, including the ornate and sometimes hesitant signatures, can be seen at http://wwwwhoint/library/historical/access/who/indexenshtml ********** In February 1946 the Economic and Social Council of the United Nations established a Technical Preparatory Committee of Experts to prepare an agenda for the International Health Conference in New York, to be held from 19 to 22 July 1946 The agenda included the preparation of a constitution for a World Health Organization (WHO) (2) The Conference eventually approved the WHO Constitution on 22 July, and designated an Interim Commission to carry out essential public health activities until the new organization was established The Interim Commission was to discharge the functions and duties of the Office Internationale d'Hygiene Publique, as well as those of the Health Organization that had been part of the Economic and Social Council of the defunct League of Nations Though much of the work of the League's Health Organization was continued, and its major contributions recognized, the Constitution of WHO owes little to the League of Nations Covenant Article XXIII of this Covenant contains a list of beneficial provisions, and only in its last subdivision, as an afterthought, one on how members of the League "(f) would endeavor to take steps in matters of international concern for the prevention and control of disease" (3) The Constitution approved by the International Health Conference has shown itself to be robust during the 54 years since it came into effect Nowhere is its strength more clearly seen than in its Preamble This part of a legal constitutional document has an important function: it states the principles on which the document is based, and implicitly asserts a claim to jurisdiction which may then be spelt out in the document itself Unlike the mixture of subjects enumerated in the Conventions of the League of Nations, the Preamble of the WHO Constitution is a masterfully coherent statement, claiming as its own the full area of contemporary international public health In the same spirit as the Charter of the United Nations, the Preamble asserts that the principles it states are basic to the happiness, harmonious relations and security of all peoples, thus expressing a modern set of universal aspirations Health, it says, is an essential condition for their attainment, and the highest possible attainment of health is a fundamental right of every human being without distinction of any kind The preamble defines health positively, as complete physical, mental and social well-being, not merely negatively as the absence of disease or infirmity The concept of public health is contemporary, but in its phrasing the Preamble echoes the rhetorical cadences of the Age of Reason in the last part of the 18th century In this view certain rights--such as those to health, or to life, liberty and the pursuit of happiness--cannot be granted or denied by any government because they are fundamental, inalienable human rights, which all of us, being human, already have 1948, the year that WHO came into existence after 26 Member States had ratified its Constitution, is also the year that the United Nations General Assembly adopted and proclaimed the Universal Declaration of Human Rights (4) The Preamble goes on to analyse the obligation of nations to contribute to the health of their people …

522 citations


Book
24 Oct 2002
TL;DR: A theory of constitutional rights and the British Constitution is discussed in this article, where the content and purpose of a theory of Constitutional Rights and its application in the legal system are discussed.
Abstract: PREFACE A Theory of Constitutional Rights and the British Constitution 1. The Content and Purpose of a Theory of Constitutional Rights 2. The Concept of a Constitutional Rights Norm 3. The Structure of Constitutional Rights Norms 4. Constitutional Rights as Subjective Rights 5. Constitutional Rights and Legal Status 6. The Limits of Constitutional Rights 7. The General Right to Liberty 8. The General Right to Equality 9. Rights to Positive State Action (Entitlements in the Wide Sense) 10. Constitutional Rights and Constitutional Rights Norms in the Legal System Postscript

458 citations


Book
20 Jun 2002
TL;DR: Leslie Sklair as discussed by the authors argues that there are two main crises of capitalist globalization: the class polarization crisis and the crisis of ecological unsustainability, and presents a new analysis of a long-term alternative to global capitalism: the globalization of human rights.
Abstract: Capitalist globalization has been instrumental in globalizing civil and political rights all over the world as a condition of 'free' markets and trade, but capitalist globalizers have no answer to the rapidly accelerating demands for universal economics and social rights, expressed in the enormous growth of local, national, multinational and global NGOs and anti-globalization movements. In this book, based on his highly successful Sociology of the Global System, Leslie Sklair focuses on alternatives to global capitalism, arguing strongly that there are other alternative futures that retain and encourage the positive aspects of globalization whilst identifying what is wrong with capitalism. The negative aspects of capitalist globalization are explored in a new critique which argues that there are two main crises of capitalist globalization: the class polarization crisis and the crisis of ecological unsustainability. The book also presents a new analysis of a long-term alternative to global capitalism: the globalization of human rights.

405 citations


Book
09 May 2002
TL;DR: In this article, the authors define Human Rights as an ideology, a Holy Trinity: liberalism, democracy, and human rights, and a Grand Narrative of Human Rights, including the Metaphor of the Savage, Metaphors of the Victim, and Metaphore of the Savior.
Abstract: Preface Introduction Chapter 1. Human Rights as a Metaphor -The Metaphor of Human Rights -The Grand Narrative of Human Rights -The Metaphor of the Savage -The Metaphor of the Victim -The Metaphor of the Savior Chapter 2. Human Rights as an Ideology -The Authors of Human Rights -A Holy Trinity: Liberalism, Democracy, and Human Rights -Conventional Doctrinalists -The Conceptualizers -The Cultural Pluralists -Political Strategists and Instrumentalists Chapter 3. Human Rights and the African Fingerprint -Africa in a Rights Universe -Human Rights in Precolonial Africa -The Dialectic of Rights and Duties -The Duty/Rights Conception -Whither Africa? Chapter 4. Human Rights, Religion, and Proselytism -The Problem of Religious Rights -Demonizing the "Other" -Proselytization in Africa -The Legal Invisibility of Indigenous Religions -Ideals Versus Realities -The Moral Equivalency of Cultures* Chapter 5. The African State, Human Rights, and Religion -Religion and African Statehood -Identity Disorientation -The Culture of Silence and Postcolonialism -Counterpenetration as a Farce -Benin Returns to Its Roots Chapter 6. The Limits of Rights Discourse -South Africa: the Human Rights State -The Rights Framework as an ANC Strategy: A Snapshot of Apartheid -The Evolution of a Rights Approach -The Compromise of the Interim Constitution* -The 1996 Constitution as a Normative Continuum -The ANC's Gradualist Rights Approach -Land Reform as a Central Plank of the Struggle -Women in Post?Apartheid South Africa -The Status and Orientation of Post-Apartheid Courts -Humanizing the Instruments of Coercion -Rights Discourse Not a Panacea Conclusion Notes Index Acknowledgments

385 citations


Book
16 Aug 2002
TL;DR: A comprehensive guide to the terrain of modern citizenship can be found in this article, which includes a wealth of interdisciplinary knowledge, and including some of the leading commentators of the day.
Abstract: "From women's rights, civil rights, and sexual rights for gays and lesbians to disability rights and language rights, we have experienced in the past few decades a major trend in Western nation-states towards new claims for inclusion. This trend has echoed around the world: from the Zapatistas to Chechen and Kurdish nationalists, social and political movements are framing their struggles in the languages of rights and recognition, and hence, of citizenship. Citizenship has thus become an increasingly important axis in the social sciences. Social scientists have been rethinking the role of political agent or subject. Not only are the rights and obligations of citizens being redefined, but also what it means to be a citizen has become an issue of central concern. As the process of globalization produces multiple diasporas, we can expect increasingly complex relationships between homeland and host societies that will make the traditional idea of national citizenship problematic. As societies are forced to manage cultural difference and associated tensions and conflict, there will be changes in the processes by which states allocate citizenship and a differentiation of the category of citizen. This book constitutes the most authoritative and comprehensive guide to the terrain. Drawing on a wealth of interdisciplinary knowledge, and including some of the leading commentators of the day, it is an essential guide to understanding modern citizenship."

370 citations


Journal ArticleDOI
TL;DR: The authors presents a critique of the academic and welfare literature on street children in developing countries, with supporting evidence from studies of homelessness in industrialized nations, focusing on the identifying characteristics of a street lifestyle rather than on the children themselves and the depth or diversity of their actual experiences.
Abstract: ▪ Abstract This review presents a critique of the academic and welfare literature on street children in developing countries, with supporting evidence from studies of homelessness in industrialized nations. The turn of the twenty-first century has seen a sea change of perspective in studies concerning street youth. This review examines five stark criticisms of the category “street child” and of research that focuses on the identifying characteristics of a street lifestyle rather than on the children themselves and the depth or diversity of their actual experiences. Second, it relates the change of approach to a powerful human rights discourse—the legal and conceptual framework provided by the United Nations Convention on the Rights of the Child—which emphasizes children's rights as citizens and recognizes their capabilities to enact change in their own lives. Finally, this article examines literature focusing specifically on the risks to health associated with street or homeless lifestyles. Risk assessmen...

Journal ArticleDOI
TL;DR: In this article, the authors examine the differing traditions and approaches of environmental justice and sustainability, and explore some of their theoretical bases, and briefly review human rights and environmental security issues in order to discern the potential for common ground between the two main traditions.
Abstract: In recent years it has become increasingly apparent that the issue of environmental quality is inextricably linked to that of human equality at all scales. This article examines the differing traditions and approaches of environmental justice and sustainability, and explores some of their theoretical bases. It also briefly reviews human rights and environmental security issues in order to discern the potential for common ground between the two main traditions. The authors argue that there are indications of convergence between these traditions and that this convergence is happening primarily through the activities of progressive NGOs, academics and local community organisations world-wide. What is now needed is for governments at local, regional, national and international levels to learn from these organisations and to seek to embed the central principles and practical approaches of environmental justice within emerging sustainable development policy.

Book
01 Jan 2002
TL;DR: Skrentny as mentioned in this paper traces the minority rights revolution back to its roots not only in the black civil rights movement but in the aftermath of World War II, in which a world consensus on equal rights emerged from the Allies' triumph over the oppressive regimes of Nazi Germany and Imperial Japan, and then the Soviet Union.
Abstract: In the wake of the black civil rights movement, other disadvantaged groups of Americans began to make headway—Latinos, women, Asian Americans, and the disabled found themselves the beneficiaries of new laws and policies—and by the early 1970s a minority rights revolution was well underway. In the first book to take a broad perspective on this wide-ranging and far-reaching phenomenon, John D. Skrentny exposes the connections between the diverse actions and circumstances that contributed to this revolution—and that forever changed the face of American politics. Though protest and lobbying played a role in bringing about new laws and regulations—touching everything from wheelchair access to women’s athletics to bilingual education—what Skrentny describes was not primarily a bottom-up story of radical confrontation. Rather, elites often led the way, and some of the most prominent advocates for expanding civil rights were the conservative Republicans who later emerged as these policies’ most vociferous opponents. This book traces the minority rights revolution back to its roots not only in the black civil rights movement but in the aftermath of World War II, in which a world consensus on equal rights emerged from the Allies’ triumph over the oppressive regimes of Nazi Germany and Imperial Japan, and then the Soviet Union. It also contrasts failed minority rights development for white ethnics and gays/lesbians with groups the government successfully categorized with African Americans. Investigating these links, Skrentny is able to present the world as America’s leaders saw it; and so, to show how and why familiar figures—such as Lyndon Johnson, Richard Nixon, and, remarkably enough, conservatives like Senator Barry Goldwater and Robert Bork—created and advanced policies that have made the country more egalitarian but left it perhaps as divided as ever. Table of Contents 1. Introduction: How War and the Black Civil Rights Movement Changed America 2. “This Is War and This Is a War Measure”: Racial Equality Becomes National Security 3. National Security and Equal Rights: Limits and Qualifications 4. “We Were Advancing the Really Revolutionary View of Discrimination”: Designating Official Minorities for Affirmative Action in Employment 5. “In View of the Existence of the Other Significant Minorities”: The Expansion of Affirmative Action for Minority Capitalists 6. “Race Is a Very Relevant Personal Characteristic”: Affirmative Admissions, Diversity, and the Supreme Court 7. “Learn, Amigo, Learn!”: Bilingual Education and Language Rights in the Schools 8. “I Agree with You about the Inherent Absurdity”: Title IX and Women’s Equality in Education 9. White Males and the Limits of the Minority Rights Revolution: The Disabled, White Ethnics, and Gays 10. Conclusion: The Rare American Epiphany

Journal ArticleDOI
TL;DR: The International Gay and Lesbian Human Rights Commission (IGLHRC) as discussed by the authors was founded by the International Lesbian and Gay Association (ILGA) at the height of the Carter administration's human rights campaign against the Soviet Union and Third World enemies.
Abstract: One of the more compelling issues to emerge out of the gay movement in the last two decades is the universalization of “gay rights.” This project has appropriated the prevailing U.S. discourse on human rights in order to launch itself on an international scale. Following in the footsteps of the white Western women’s movement, which had sought to universalize its issues through imposing its own colonial feminism on the women’s movements in the non-Western world — a situation that led to major schisms from the outset — the gay movement has adopted a similar missionary role. Organizations dominated by white Western males (the International Lesbian and Gay Association [ILGA] and the International Gay and Lesbian Human Rights Commission [IGLHRC]) sprang up to defend the rights of “gays and lesbians” all over the world and to advocate on their behalf. ILGA, which was founded in 1978 at the height of the Carter administration’s human rights campaign against the Soviet Union and Third World enemies, asserts that one of its aims is to “create a platform for lesbians, gay men, bisexuals, and transgendered people internationally, in their quest for recognition, equality, and liberation, in particular through the world and regional confer

Book
06 Dec 2002
TL;DR: In this article, the authors argue that the triumph of science across social domains and around the world is due to its institutionalized cultural authority rather than to its instrumental utility for societies or for their dominant elites.
Abstract: This book presents empirical studies of the rise, expansion, and influence of scientific discourse and organization throughout the world, over the past century. Using quantitative cross-national data, it shows the impact of this scientized world polity on national societies. It examines how this world scientific system and national reflections of it have influenced a wide variety of institutional spheres-the economy, political systems, human rights, environmentalism, and organizational reforms. The authors argue that the triumph of science across social domains and around the world is due to its institutionalized cultural authority rather than to its instrumental utility for societies or for their dominant elites. Thus, following the Stanford approach to institutional theory in sociology, the book emphasizes the symbolic or religious role science plays in the modern world.

Journal ArticleDOI
TL;DR: This issue of Refuge is an opportunity to examine what is happening in different parts of the world to the most vulnerable members of theworld community and gain insight into effective strategies developed by UNICEF for working with IDP children in a range of different countries.
Abstract: C hildren are at risk in every part of the world today. They are at risk because of their special vulnerability as children and because the “natural” urge of most adults to protect and care for children falls far short of ensuring their protection and care. Children are particularly at risk when they are separated from their parents and families due to war, poverty, and oppression, or when their caregivers have themselves become their exploiters and persecutors. According to UNICEF’s most recent State of the World’s Children report, an estimated twenty-seven thousand children under five died of preventable causes per day in 2001. Jo Becker, Director of Human Rights Watch, states that “children are at risk of violence in nearly every aspect of their lives—in their schools, on the street, at work, in institutions, and in areas of armed conflict. They are beaten, tortured, sexually assaulted, and murdered, often by the very individuals responsible for their care and safety.” The community and the state have often been reluctant to intervene to protect children. Paternalistic concepts of children as property—chattels of their parents, or extensions of their parents—rather than as persons in their own right are deeply ingrained. The recognized need to protect the private sphere of personal and family relations from undue state interference is another barrier. But gradually we have come to recognize basic human rights of all children and to enshrine these rights in international treaties and conventions, such as the United Nations Convention on the Rights of the Child (CRC), the most widely ratified of international human rights conventions. Almost all children have some ability to express their needs, from the infant crying to express hunger or cold, to the nineyear-old refugee from Sierra Leone who approaches a Guinean woman and asks her to take him with her because he has no one else to care for him, or the teenage refugee in Canada who recognizes the injustice and humiliation of being a “brownpaper” person because of her lack of immigration status. But having a voice is one thing, having the power to escape from oppression and persecution is another. Children lack power in our society and are therefore dependent upon adults to recognize their needs and act to ensure their care and development, as well as their safety and protection. In this issue of Refuge we have an opportunity to examine what is happening in different parts of the world to the most vulnerable members of the world community. The essay “Hidden Children” by Moller and Minard describes the situation of separated refugee children from Sierra Leone who are being fostered by families in neighbouring Guinea. This can be compared, ironically, to the predicament of children who have reached the “golden mountain” of the United States, only to find themselves imprisoned in the “care” of the INS while their status is adjudicated. It is not surprising to discover that the attention lavished on little Elian Gonzalez, the shipwrecked six-year-old from Cuba, is far from typical. As Morton and Young point out in their piece, in the year 2000, while the battle for Elian raged in the media, “the INS took nearly five thousand children into its custody, some as young as eighteen months old.” Closer to home, Denov and Campbell reveal the ravages of internal displacement on a community and the grievous toll taken on its children. In their searing account of the Innu people of Davis Inlet, we learn that the Innu, who have twice been relocated by the Canadian government, are the “most suicide-ridden people in the world” and that “an Innu child is between three and seven times more likely to die before the age of five than the average Canadian child.” Internal displacement occurs worldwide. In the report by Mahalingam, Narayan, and van der Velde, we gain insight into effective strategies developed by UNICEF for working with IDP children in a range of different countries, from Sri Lanka to Colombia, strategies that include empowering adolescent youth in refugee camps to becoming involved in

Book
01 Jan 2002
TL;DR: The concept of human dignity is increasingly invoked in bioethical debate and, indeed, in international instruments concerned with biotechnology and biomedicine as discussed by the authors, and some commentators consider appeals to human dignity to be little more than rhetoric and not worthy of serious consideration, but the authors of this groundbreaking new study give such appeals distinct and defensible meaning through an application of the moral theory of Alan Gewirth.
Abstract: The concept of human dignity is increasingly invoked in bioethical debate and, indeed, in international instruments concerned with biotechnology and biomedicine. While some commentators consider appeals to human dignity to be little more than rhetoric and not worthy of serious consideration, the authors of this groundbreaking new study give such appeals distinct and defensible meaning through an application of the moral theory of Alan Gewirth. In Part One, the book seeks to bring human dignity more clearly into focus. It sketches two opposed conceptions, 'human dignity as empowerment', which treats human rights as based on the intrinsic dignity of humans, identified with individual autonomy, and 'human dignity as constraint', which acts as an umbrella for a number of duty-driven approaches. While viewing human dignity primarily as empowerment, the authors argue that it is not autonomy as such, but vulnerable agency around which dignity as the basis of human rights is to be analyzed. Alongside this, they develop the idea of dignity as a virtue, specifically as a practical attitude to be cultivated in the face of human finitude and vulnerability. At its sharpest, dignity as a virtue indicates the aspirational path of responsible and rational agency in the context of the existential anxiety that is part and parcel of the human condition. During this analysis they pay particular attention to the similarities and differences between Kantian and Gewirthian theory. In Part Two, the authors apply their analysis of dignity as generating rights and responsibilities to a range of activities (such as pre-natal selection, commodification of the human body, cloning, and euthanasia) running from birth with dignity through to death with dignity, and subject the use of 'human dignity' in existing regulatory frameworks to critical scrutiny.

Journal ArticleDOI
TL;DR: Ashoka Fellows work in six areas: learning/education, environment, health, human rights, civic participation, and economic development as discussed by the authors, and they join the Global Fellowship network of social entrepreneurs.
Abstract: William Drayton founded Ashoka in 1980 to use a venture capital model to support social entrepreneurs, namely, practical visionaries who are committed to social change. The primary objective of Ashoka is to identify social entrepreneurs around the globe, who then receive Ashoka Fellowships that provide both financial and professional support. To be chosen, each prospective fellow goes through a rigorous search and selection process. Fellows receive a living stipend (typically for three years) and they join the Global Fellowship—a worldwide network of social entrepreneurs. Since 1982 over 1,100 Ashoka Fellows have been selected in 41 countries. Ashoka Fellows work in six areas: learning/education, environment, health, human rights, civic participation, and economic development.

Journal ArticleDOI
TL;DR: In this paper, the authors present three approaches to contemporary human rights education practice: the values and awareness model, the accountability model and the transformational model, each of which is associated with particular target groups, contents and strategies.
Abstract: The author presents three approaches to contemporary human rights education practice: the Values and Awareness Model, the Accountability Model and the Transformational Model. Each model is associated with particular target groups, contents and strategies. The author suggests that these models can lend themselves to theory development and research in what might be considered an emerging educational field. Human rights education can be further strengthened through the appropriate use oflearning theory, as well as through the setting of standards for trainer preparation and program content, and through evaluating the impact of programs in terms of reaching learner goals (knowledge, values and skills) and contributing to social change.

Book
06 Feb 2002
TL;DR: In this article, the authors examine the contemporary discourses on the nature of "human rights", their histories, the myths that are embedded in them, and contribute an alternative reading of those histories by placing the concerns and interests of the 'people in struggle and communities of resistance' at centre stage.
Abstract: This monograph critically examines the contemporary discourses on the nature of 'human rights', their histories, the myths that are embedded in them, and contributes an alternative reading of those histories by placing the concerns and interests of the 'people in struggle and communities of resistance' at centre stage. It examines the cold reality that despite the last century being justly described as the century of human rights, the 'rightless and suffering peoples' still remain; it analyzes the gulf between the actuality and possibilities for the future. It analyzes the significance of the UN and the Universal Declaration of Human Rights and goes on to study the more contemporary issues such as women's struggle to feminize the understanding and practice of human rights, the post-modernist critique of the universal idiom of human rights and, most pertinently for the current world scene, it analyzes the impact of globalization on the human rights movement. The new edition includes a discussion of the proposed United Nations norms regarding the human rights responsiblities of multinational corporations and other business entities.

Book
21 Sep 2002
TL;DR: Sieder and Stavenhagen as discussed by the authors discuss the relationship between Indigenous civil society and the state in the Andes region of South America, and discuss the implications of multi-ethnic policies for water reform in Bolivia.
Abstract: Acknowledgements Notes on the Contributors List of Tables Introduction R.Sieder Indigenous Peoples and the State in Latin America: An Opening Debate R.Stavenhagen Constitutional Reform in the Andes: Redefining Indigenous-State Relations D.L.Van Cott Bolivia: From Indian and Campesino Leaders to Councillors and Parliamentary Deputies X.Albo Educational Reform in Guatemala: Lessons from Negotiations between Indigenous Civil Society and the State D.Cojti Cuxil Social Citizenship, Ethnic Minority Demands, Human Rights and Neoliberal Paradoxes: A Case Study in Western Mexico G.de la Pena Peru: Pluralist Constitution, Monist Judiciary: A Post-Reform Assessment R.Yrigoyen Fajardo Recognizing Indigenous Law and the Politics of State Formation in Mesoamerica R.Sieder Latin America's Multiculturalism: Economic and Agrarian Dimensions R.Plant Indigenous Peoples, Poverty and Participatory Development: The Experience of the World Bank in Latin America S.H.Davis The Excluded 'Indigenous'? The Implications of Multi-Ethnic Policies for Water Reform in Bolivia N.Laurie, R.Andolina & S.Radcliffe Bibliography Index

Book ChapterDOI
TL;DR: This article argued that nations do not have collective psyches, that nation-building discourses on reconciliation often subordinate individual needs, and that truth commissions and individual processes of healing work on different time lines.
Abstract: Countries going through democratic transition have to address how they will deal with the human rights crimes committed during the authoritarian era. In the context of amnesty for perpetrators, truth commissions have emerged as a standard institution to document the violent past. Increasingly, claims are made that truth commissions have beneficial psychological consequences; that is, that they facilitate 'catharsis', or 'heal the nation', or allow the nation to 'work through' a violent past. This article draws upon trauma counseling experience and anthropological fieldwork among survivors to challenge these claims in the context of the South African Truth and Reconciliation Commission. It argues that nations are not like individuals in that they do not have collective psyches, that nation-building discourses on reconciliation often subordinate individual needs, and that truth commissions and individual processes of healing work on different time lines. Calls for reconciliation from national leaders may demand too much psychologically from survivors, and retribution may be just as effective as reconciliation at creating symbolic closure.

Book
01 Jan 2002
TL;DR: In this paper, the authors present a thought-provoking overview of the forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states.
Abstract: International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering recent scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ's Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.

Journal ArticleDOI
TL;DR: In this article, three types of restorative justice standards are articulated: limiting, maximizing, and enabling standards, which define ways of securing the republican freedom (dominion) of citizens through repair, transformation, empowerment with others and limiting the exercise of power over others.
Abstract: Three types of restorative justice standards are articulated: limiting, maximizing, and enabling standards. They are developed as multidimensional criteria for evaluating restorative justice programmes. A way of summarizing the long list of standards is that they define ways of securing the republican freedom (dominion) of citizens through repair, transformation, empowerment with others and limiting the exercise of power over others. A defence of the list is also articulated in terms of values that can be found in consensus UN Human Rights agreements and from what we know empirically about what citizens seek from restorative justice. Ultimately, such top-down lists motivated by UN instruments or the ruminations of intellectuals are only important for supplying a provisional, revisable agenda for bottom-up deliberation on restorative justice standards appropriate to distinctively local anxieties about injustice. A method is outlined for moving bottom-up from standards citizens settle for evaluating their local programme to aggregating these into national and international standards.

Book
01 Jan 2002
TL;DR: Morris as mentioned in this paper argues that the terms of debate about immigration, legislation governing entry, and the practice of regulation reveal a set of competing concerns, including anxiety about the political affiliation of migrants, a clash between commitment to equal treatment and the desire to protect national resources, and human rights obligations alongside restrictions on entry.
Abstract: Nation States now increasingly have to cope with large numbers of non-citizens living within their borders. This has largely been understood in terms of the decline of the nation state or of increasing globalisation, but in Managing Migration Lydia Morris argues that it throws up more complex questions. In the context of the European Union the terms of debate about immigration, legislation governing entry, and the practice of regulation reveal a set of competing concerns, including: *anxiety about the political affiliation of migrants *a clash between commitment to equal treatment and the desire to protect national resources *human rights obligations alongside restrictions on entry. The outcome of these clashes is presented in terms of an increasingly complex system of civic stratification. The book then moves on to examine the way in which abstract notions of rights map on to lived experiences when filtered through other forms of difference such as race and gender. This book will be essential reading for students and researchers working in the areas of migration and the study of the European Union.Lydia Morris is Professor of Sociology at the University of Essex.

Book
19 Mar 2002
TL;DR: The Promise of Peace, the Problems of War 1. The Meanings of War 2. Terrorism Versus Counterterrorism: A War Without End? 4. The Special Significance of Nuclear Weapons Part II: The Reasons for Wars 5. The Individual Level 6. The Group Level 7. The State Level 8. The Decision-Making Level 9. The Ideological, Social, and Economic Levels Part III: Building "Negative Peace" 10. Peace Movements 11. Disarmament and Arms Control 12. International Cooperation 14. Peace Through Strength? 15. International Law 16
Abstract: Preface Part I: The Promise of Peace, the Problems of War 1. The Meanings of Peace 2. The Meanings of Wars 3. Terrorism Versus Counterterrorism: A War Without End? 4. The Special Significance of Nuclear Weapons Part II: The Reasons for Wars 5. The Individual Level 6. The Group Level 7. The State Level 8. The Decision-Making Level 9. The Ideological, Social, and Economic Levels Part III: Building "Negative Peace" 10. Peace Movements 11. Diplomacy, Negotiations, and Conflict Resolution 12. Disarmament and Arms Control 13. International Cooperation 14. Peace Through Strength? 15. International Law 16. Ethical and Religious Perspectives Part IV: Building "Positive Peace" 17. Human Rights 18. Ecological Well-Being 19. Economic Well-Being 20. National Reconciliation 21. Nonviolence 22. Toward a More Peaceful Future Author Index Subject Index About the Authors

Book Chapter
01 Jan 2002
TL;DR: In the past few decades, a major trend in Western nation-states towards new claims for inclusion has echoed around the world: from the Zapatistas to Chechen and Kurdish nationalists, social and political movements are framing their struggles in the languages of rights and recognition, and hence, of citizenship as discussed by the authors.
Abstract: About the book: From women's rights, civil rights, and sexual rights for gays and lesbians to disability rights and language rights, we have experienced in the past few decades a major trend in Western nation-states towards new claims for inclusion. This trend has echoed around the world: from the Zapatistas to Chechen and Kurdish nationalists, social and political movements are framing their struggles in the languages of rights and recognition, and hence, of citizenship. Citizenship has thus become an increasingly important axis in the social sciences. Social scientists have been rethinking the role of political agent or subject. Not only are the rights and obligations of citizens being redefined, but also what it means to be a citizen has become an issue of central concern. As the process of globalization produces multiple diasporas, we can expect increasingly complex relationships between homeland and host societies that will make the traditional idea of national citizenship problematic. As societies are forced to manage cultural difference and associated tensions and conflict, there will be changes in the processes by which states allocate citizenship and a differentiation of the category of citizen. This book constitutes the most authoritative and comprehensive guide to the terrain. Drawing on a wealth of interdisciplinary knowledge, and including some of the leading commentators of the day, it is an essential guide to understanding modern citizenship.

Journal ArticleDOI
TL;DR: In this paper, Foucauldian theory is used to interpret a corporate social report published by the Royal Dutch/Shell Group to reveal the contours of an emerging corporate discourse of sustainability and the knowledge-power dynamics entailed by social reporting.
Abstract: In this study, Foucauldian theory is used to interpret a corporate social report published by the Royal Dutch/Shell Group to reveal the contours of an emerging corporate discourse of sustainability and the knowledge-power dynamics entailed by social reporting. The report could be read simply as a corporate attempt to reestablish discursive regularity and hegemonic control in the wake of challenges by environmentalists and human rights activists. However, the author interprets it in the context of the larger sociopolitical discursive struggle over environment and social justice and finds that Shell’s “embrace” of the concept of sustainable development has transforming effects on the company and on the notion of sustainability itself. This contradictory and ambiguous result is characteristic of discursive struggle, which is where, according to Foucault, power is played out and social change occurs.

Journal ArticleDOI
TL;DR: The authors argued that cosmopolitan virtue is a respect for other cultures and an ironic stance towards one's own culture spells out this obligation side of the human rights movement, and that contemporary cosmopolitanism needs to be ironic to function usefully in hybrid global cultures, but it is open to the charge of being culturally ''flat' and elitist.
Abstract: This article is a contribution to the revival of `virtue ethics'. If we regard human rights as a crucial development in the establishment of global institutions of justice and equality, then we need to explore the obligations that correspond to such rights. It is argued that cosmopolitan virtue a respect for other cultures and an ironic stance towards one's own culture spells out this obligation side of the human rights movement. Cosmopolitanism of course can assume very different forms. The article traces various cosmopolitan ethics from the Greeks, Roman Stoics and Christian philosophers. Contemporary cosmopolitanism needs to be ironic to function usefully in hybrid global cultures, but it is open to the charge of being culturally `flat' and elitist. These criticisms are examined through the confrontation between Maurizio Viroli and Martha Nussbaum. While American patriotism is not a promising foundation for ironic cosmopolitanism, the republican tradition of virtue does offer a viable method of develop...

OtherDOI
01 Jan 2002
TL;DR: The government of Burundi ratified this Organization of African Unity Charter on human Rights on human rights on August 30, 1989 while the government of Cameroon ratified it on September 18, 1989.
Abstract: The government of Burundi ratified this Organization of African Unity Charter on human rights on August 30, 1989; the government of Cameroon ratified it on September 18, 1989; and the government of Ghana ratified it on March 1, 1989. Relevant provisions of the Charter are reproduced in the Appendix to Annual Review of Population Law, Vol. 13, 1986 under section 410.