Showing papers on "Human rights published in 2019"

Universal Declaration of Human Rights

Abstract: In a senior seminar on Globalization, Human Rights, and Citizenship, this 1948 document surprises and attracts students with its broad, progressive vision

The history of human rights : from ancient times to the globalization era

Abstract: Acknowledgments Introduction Definition, the Argument, and Six Historical Controversies Structure 1. Early Ethical Contributions to Human Rights Religious and Secular Notions of Universalism Liberty: The Origins of Tolerance Equality: Early Notions of Economic and Social Justice How to Promote Justice? Fraternity, or Human Rights for Whom? 2. Human Rights and the Enlightenment: The Development of a Liberal and Secular Perspective of Human Rights From Ancient Civilizations to the Rise of the West Freedom of Religion and Opinion The Right to Life The Right to Private Property The State and Just-War Theory Human Rights for Whom? 3. Human Rights and the Industrial Age: The Development of a Socialist Perspective of Human Rights The Industrial Age Challenging the Liberal Vision of Rights Universal Suffrage, Economic and other Social Rights Challenging Capitalism and the State Human Rights for Whom? 4. The World Wars: The Institutionalization of International Rights and the Right to Self-Determination The End of Empires The Right to Self-Determination Institutionalizing Human Rights Human Rights for Whom? 5. Globalization and Its Impact on Human Rights Globalization and Protest Movements Defining Rights in the Era of Globalization After September 11: Security versus Human Rights Human Rights for Whom? 6. Promoting Human Rights in the Twenty-first Century: The Changing Arena of Struggle Medievalism and the Absence of Civil Society The Emergence of Civil Society during the Enlightenment The Expansion of Civil Society in the Industrial Revolution The Anti-Colonial Struggle The Globalization of Civil Society? Or an Assault on the Private Realm? Appendix: A Chronology of Events and Writings Related to Human Rights Notes References Index

Expanding the Impact of the Psychology of Working: Engaging Psychology in the Struggle for Decent Work and Human Rights:

Abstract: Building on new developments in the psychology of working framework (PWF) and psychology of working theory (PWT), this article proposes a rationale and research agenda for applied psychologists and career development professionals to contribute to the many challenges related to human rights and decent work. Recent and ongoing changes in the world are contributing to a significant loss of decent work, including a rise of unemployment, underemployment, and precarious work across the globe. By failing to satisfy human needs for economic survival, social connection, and self-determination, the loss of decent work undermines individual and societal well-being, particularly for marginalized groups and those without highly marketable skills. Informed by innovations in the PWF/PWT, we offer exemplary research agendas that focus on examining the psychological meaning and impact of economic and social protections, balancing caregiving work and market work, making work more just, and enhancing individual capacities ...

The struggle over borders: cosmopolitanism and communitarianism

Abstract: Citizens, parties and movements are increasingly contesting issues connected to globalization, such as whether to welcome immigrants, promote free trade and support international integration. The resulting political fault line, precipitated by a deepening rift between elites and mass publics, has created the space for the rise of populism. Responding to these issues and debates, this book presents a comprehensive and up-to-date analysis of how economic, cultural and political globalization have transformed democratic politics. This study offers a fresh perspective on the rise of populism based on analyses of public and elite opinion and party politics, as well as mass media debates on climate change, human rights, migration, regional integration and trade in the USA, Germany, Poland, Turkey and Mexico. Furthermore, it considers similar conflicts taking place within the European Union and the United Nations. Appealing to political scientists, sociologists and international relations scholars, this book is also an accessible introduction to these debates for undergraduate and masters students.

Rights in Mind: Thinking Differently About Dementia and Disability.

Abstract: The aim of this paper is to argue for the utility of a relational model of disability, as a way of conceptualizing dementia. We explore whether dementia should be considered as a disability, and whether people with dementia might consider themselves as disabled people. We review examples of, and issues raised by, the political activism of people with dementia. We consider how language constructs dementia negatively. We discuss how the environment influences the experience of dementia. In conclusion, we show that a relational model of dementia lays the basis for a human rights approach to the condition, based on collaborative partnerships between people with dementia and people from other disability communities.

Mason and Mccall Smith's Law and Medical Ethics

Abstract: 1. Medical ethics and medical practice 2. Public Health and the state-patient relationship 3. Health rights and obligations in the European Union 4. Consent to treatment 5. Liability for medical injury 6. Medical confidentiality 7. Genetic information and the law 8. The management of infertility and childlessness 9. The control of fertility 10. Civil and criminal liability in reproductive medicine 11. Health resources and dilemmas in treatment 12. Treatment of the aged 13. Mental health and human rights 14. The body as property 15. Medical futility 16. The diagnosis of death 17. The donation of organs and transplantation 18. Euthanasia and assistance in dying 19. Biomedical human research and experimentation 20. Research on children, fetuses and embryos

The (r)evolution and decolonization of social work ethics: The Global Social Work Statement of Ethical Principles:

Abstract: The approval of the 2014 joint Global Definition of Social Work required that international social work associations review the associated ethical principles of social work. The Global Social Work ...

General Comment No. 24 (2017) on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities (CESCR)

Abstract: The United Nations Committee on Economic, Social and Cultural Rights (CESCR) took an unusual step in issuing its “General Comment No. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.” Unlike most of CESCR's other General Comments, General Comment No. 24 does not tackle a specific right. Instead, it consolidates and elaborates the Committee's jurisprudence on states' obligations in the area of business and human rights, providing clarity on its approach to some of the most contentious issues within the field of business and human rights. This General Comment has the potential to have profound implications for the ongoing development of legal standards in the area of business and human rights, including implementation of the UN Guiding Principles on Business and Human Rights (UNGP).

Lifelong learning in sustainable development goal 4 : what does it mean for UNESCO's rights-based approach to adult learning and education?

Abstract: This article, which draws on a review of primary and secondary literature, examines the role of a human rights-based approach to adult learning and education (ALE) in the context of the global Education 2030 agenda, which is aligned with the Sustainable Development Goals (SDGs) launched in 2015 by the United Nations. Whereas the Millennium Development Goals (MDGs) focused on primary education, the SDGs, through SDG 4 which is devoted to education, call on Member States to “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all”. The inclusion of lifelong learning has awakened hopes for a stronger role of ALE in global education agendas and policies. In principle, the ten targets of SDG 4 open up clear possibilities for ALE. However, the author cautions that there is cause for scepticism that ALE, in particular human rights-based ALE, will receive more attention under the SDGs than it did under the MDGs. The article is structured into three sections. The first section traces the emergence of a rights-based approach to adult education as an international paradigm, with particular attention given to the role of UNESCO. The second section discusses how the rights-based approach to adult education has been contested by other actors in the field of education for development. In the final section, the author draws on recent empirical data to reflect on the role of ALE in the age of the SDGs.

Stigmatisation in international relations: Russia, the West and international society from the Cold War to Crimea

Abstract: This study analyses the effect of stigmatisation – the process of marking certain actors, behaviours or attributes as deviant in order to reinforce the norms of a social order – on Russian-Western relations from 1991 to 2016 and the broader normative fabric of post-Cold War international society. Building on the stigma literature in Sociology and recent applications of stigma theory in International Relations, stigmatisation is conceptualised as a relational process central to how international politics works, most notably in terms of what it means to be a ‘normal’ state. The study makes two overall contributions. First, to the literature on Russian-Western relations, it provides a critical-theoretical, relational account of the co-constitutive relationship between the two that goes beyond the blame game of much recent work. Second, to the literature on international society and international norms, it provides an account of the contestation that takes place over norms to shape expectations of ‘normality’ in international society. In the process, it also offers to the IR stigma literature a sociological conceptualisation of stigmatisation that challenges structural, psychological conceptualisations. The study adopts a fourfold definition of the components of stigmatisation (stereotyping, labelling, separation and status loss), and a fourfold definition of stigma management strategies (stigma recognition, stigma evasion, stigma rejection, counter-stigmatisation). It uses these foundations to analyse Russian-Western relations in respect of four norms of state behaviour deemed central to contemporary international society: (liberal) democracy, human rights, non-aggression, (liberal) capitalism. It gauges how stigmatisation and stigma management work in relation to each norm, and what that says about the norm’s importance in contemporary international relations. In conclusion, the study considers the extent to which stigmatisation in Russian-Western relations has made international society ‘hang together’, that is whether Western stigmatisation of Russian behaviour and Russian stigma management has served to strengthen or weaken international society’s norms.

Access to Pain Management as a Human Right.

Abstract: The concept of access to pain management as a human right has gained increasing currency in recent years. Commencing as individual advocacy, it was later embraced by the disciplines of pain medicine and palliative care and by mainstream human rights organizations.Today, United Nations and regional human rights bodies have accepted the concept and incorporated it into key human rights reports, reviews, and standards. We review the foundations in law of this right and the obligations that flow from it to governments. We analyze the nature and content of the obligation in the context of acute, chronic nonmalignant and cancer pain.Finally, we examine this right in light of the twin crises of inadequate access to pain management and the opioid crisis in the United States and other nations.

Analysis of Educational Quality, a Goal of Education for All Policy.

Abstract: Education is recognized as a human right since the adoption of Universal Declaration of Human Rights in 1948 besides health and shelter. Education for All Goals was established where more than 150 governments have adopted world declaration on Education for All policy to support the universal right for education. The ultimate goal of many countries is to guarantee the optimum educational access rates for improving the quality. Similarly, quality is reflected by a range of indicators, including government spending on education, student/teacher ratios, teacher qualifications, test scores, and the length of time students spend in school. Every investment must be measured against how it can serve such aspects to ensure the ultimate quality of Education for All programs. Investing in education reinforces a society’s wealth and growth, where individuals can easily improve their own personal efficacy, productivity, and incomes. A major challenge lies in defining the ideal education indicators and circumstances among countries; especially poorly developed countries that strive to establish a quality evaluation theme. Therefore, there is need of multifaceted standpoint and reasoning framework to realize educational policy evaluations that can truly contribute to the improvement of educational situation in developing countries and around the world.

Do no Harm and do More Good too: Connecting the SDGs with Business and Human Rights and Political CSR Theory

Abstract: This paper aims to explain how companies can benefit from their human rights due diligence process to identify opportunities for sustainable development goals (SDGs) activities in an operationalisation of political corporate social responsibility (PCSR).,Combining PCSR, SDGs and business and human rights (BHR) literature, the paper develops an extension of the risk-based due diligence process described by the BHR literature, helping companies identify societal needs to which they may contribute in accordance with PCSR through engaging in the SDGs.,Companies can benefit from resources they already invest in due diligence to identify their adverse human rights impacts, by drawing on the insights gained on broader needs, including human rights, to which they may contribute. This can help them develop appropriate interventions to address local needs and advance their moral legitimacy through assisting in SDG-relevant fulfilment of human rights.,The paper provides theory-based guidance on how companies can assess their capacity for contributing societal value through human rights-oriented SDG interventions. Future empirical research may explore how companies apply the extended due diligence process to assess needs and determine relevant actions.,The paper offers a principle-based analytical approach for integrating the “do no harm” imperative of BHR theory with PCSR’s call for business assistance in the delivery of public goods and the SDGs’ call for business action to “do good’.,This paper enables enhanced business implementation of the SDGs in line with PCSR and human rights theory, especially the emergent field of business and human rights.,This study gives theory-based guidance for companies for SDG contributions based on innovative combination of literatures.

Healthcare is not universal if undocumented migrants are excluded.

Abstract: Helena Legido-Quigley and colleagues examine the barriers that migrants face in accessing healthcare and argue they are counterproductive for host countries

Sexual health, sexual rights and sexual pleasure: meaningfully engaging the perfect triangle

Abstract: To improve sexual health, even in this charged political moment, necessitates going beyond biomedical approaches, and requires meaningfully addressing sexual rights and sexual pleasure. A world whe...

The State of the Netherlands v Urgenda Foundation: The Hague Court of Appeal upholds judgment requiring the Netherlands to further reduce its greenhouse gas emissions

Abstract: One of the world's most successful climate litigation cases thus far, the remarkable Urgenda ruling by a Dutch Court in 2015, survived appeal. In October 2018, the Court of Appeal of The Hague rejected all of the State's objections, including that on the alleged infringement of the balance of powers principle. The court confirmed that, when so asked by individuals or nongovernmental organizations, courts are obliged to assess government actions (including policies) against human rights obligations. By setting the required outcome of policies (at least 25 percent emissions reduction by the end of 2020), the court left it up to the Dutch Government and Parliament to discuss which policy interventions to adopt to achieve this outcome. The Court of Appeal also confirmed, and sometimes even put greater emphasis on, a number of important elements of the Urgenda ruling, such as the role of the precautionary principle, the issue of causality (including the ‘drop in the ocean’ argument put forward by the State) and the potential role of climate engineering.

Open Dialogue as a Human Rights-Aligned Approach

Abstract: Throughout the last 20 years, the human rights perspective has increasingly developed into a paradigm against which to appraise and evaluate mental health care. This article investigates to what extent the Finnish open dialogue (OD) approach both aligns with human rights and may be qualified to strengthen compliance with human rights perspectives in global mental health care. Being a conceptual paper, the structural and therapeutic principles of OD are theoretically discussed against the background of human rights, as framed by the Universal Declaration of Human Rights, the UN Convention on the Rights of People with Disabilities, and the two recent annual reports of the Human Rights Council. It is shown that OD aligns well with discourses on human rights, being a largely non-institutional and non-medicalizing approach that both depends on and fosters local and context-bound forms of knowledge and practice. Its fundamental network perspective facilitates a contextual and relational understanding of mental well-being, as postulated by contemporary human rights approaches. OD opens the space for anyone to speak (out), for mutual respect and equality, for autonomy, and to address power differentials, making it well suited to preventing coercion and other forms of human rights violation. It is concluded that OD can be understood as a human rights-aligned approach.

Medically Unnecessary Genital Cutting and the Rights of the Child: Moving Toward Consensus

Abstract: Medically Unnecessary Genital Cutting and the Rights of the Child : Moving Toward Consensus

Entering the 'post-shame era':the rise of illiberal democracy, populism and neo-authoritarianism in EUrope

Abstract: The term 'illiberal democracy', coined by Fareed Zakaria in 1997, has gained much traction, specifically since its use by Hungarian Prime Minster Victor Orban in 2014. Ever since, Orban and his governing party Fidesz have been implementing this vision resulting in major cutdowns on free speech, freedom of press, of various NGOs which support human rights, and so forth. Moreover, Fidesz won the 2018 national election with a strong focus on antiimmigration policies. Although Orban's restrictive migration policies were widely criticised during the so-called refugee crisis 2015, many EU member states have started to follow the Hungarian policy of closing borders and protecting the EU from asylum-seekers and an alleged invasion by Muslims. Hence, I claim that formerly taboo subjects and expressions in mainstream discourse are being accepted more and more ('normalisation'). Such normalisation goes hand in hand with a certain 'shamelessness': the limits of the sayable are shifting regarding both the frequency of lies and the violating of discourse conventions – as well as regarding repeated attacks on central democratic institutions. Normalising the assessment of migrants as a threat to inner security and a burden on the welfare state and education system must be perceived as an international development – generally instrumentalising a 'politics of fear'.

Beyond State v Loomis: artificial intelligence, government algorithmization and accountability

Abstract: Developments in data analytics, computational power, and machine learning techniques have driven all branches of the government to outsource authority to machines in performing public functions — social welfare, law enforcement, and most importantly, courts. Complex statistical algorithms and artificial intelligence (AI) tools are being used to automate decision-making and are having a significant impact on individuals’ rights and obligations. Controversies have emerged regarding the opaque nature of such schemes, the unintentional bias against and harm to underrepresented populations, and the broader legal, social, and ethical ramifications. State v. Loomis, a recent case in the United States, well demonstrates how unrestrained and unchecked outsourcing of public power to machines may undermine human rights and the rule of law. With a close examination of the case, this Article unpacks the issues of the ‘legal black box’ and the ‘technical black box’ to identify the risks posed by rampant ‘algorithmization’ of government functions to due process, equal protection, and transparency. We further assess some important governance proposals and suggest ways for improving the accountability of AI-facilitated decisions. As AI systems are commonly employed in consequential settings across jurisdictions, technologically-informed governance models are needed to locate optimal institutional designs that strike a balance between the benefits and costs of algorithmization.

Authoritarian Institutions and Women’s Rights:

Abstract: While dictatorships perform worse than democracies in respect for most human rights, a large number of autocracies have prioritized the advancement of women’s rights We present a theory of authori

Social Work Is a Human Rights Profession

Abstract: As defined by the International Federation of Social Workers, social work is a human rights profession. This is explicitly stated in the professional codes of ethics in many nations. However, the most recent version of the Code of Ethics of the National Association of Social Workers continues to exclude any mention of human rights, fitting in with the history of U.S. exceptionalism on this subject. Social workers around the world have a long history of working for the achievement of human rights, including an explicit grounding of practice in human rights principles: human dignity, nondiscrimination, participation, transparency, and accountability. Utilizing these principles, U.S. social workers can move from the deficit model of the needs-based approach to competently contextualizing individual issues in their larger human rights framework. In this way, social work can address larger social problems and make way for the concurrent achievement of human rights. This article explains these principles and provides a case example of how to apply them in practice.

International human rights law as a framework for algorithmic accountability

Abstract: Existing approaches to ‘algorithmic accountability’, such as transparency, provide an important baseline, but are insufficient to address the (potential) harm to human rights caused by the use of algorithms in decision-making. In order to effectively address the impact on human rights, we argue that a framework that sets out a shared understanding and means of assessing harm; is capable of dealing with multiple actors and different forms of responsibility; and applies across the full algorithmic life cycle, from conception to deployment, is needed. While generally overlooked in debates on algorithmic accountability, in this article, we suggest that international human rights law already provides this framework. We apply this framework to illustrate the effect it has on the choices to employ algorithms in decision-making in the first place and the safeguards required. While our analysis indicates that in some circumstances, the use of algorithms may be restricted, we argue that these findings are not ‘anti-innovation’ but rather appropriate checks and balances to ensure that algorithms contribute to society, while safeguarding against risks.