Social and Behavioral Sciences Commons^™

Guidelines For Physician-Assisted Suicide, Raphael Cohen-Almagor

raphael cohen-almagor

This paper proposes a set of guidelines for physician-assisted suicide (PAS). This set of guidelines integrates pertinent guidelines that were adopted in Oregon, where physician-assisted suicide is legal, in the Netherlands and Belgium where euthanasia is legal, in Switzerland where assisted suicide is practiced, and in the Northern Territory of Australia, where physician-assisted suicide was legal for a short period of time.

Guidelines For Physician-Assisted Suicide, Raphael Cohen-Almagor

raphael cohen-almagor

This paper proposes a set of guidelines for physician-assisted suicide (PAS). This set of guidelines integrates pertinent guidelines that were adopted in Oregon, where physician-assisted suicide is legal, in the Netherlands and Belgium where euthanasia is legal, in Switzerland where assisted suicide is practiced, and in the Northern Territory of Australia, where physician-assisted suicide was legal for a short period of time.

Hs4008 Literature Review, Sheryl Chen

Sheryl Chen

It has since been seven years since the Beijing 2008 Summer Olympics. This study will examine the effects of the Global Sporting Event on China today, and will also examine the influences responsible for these effects.

Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor

raphael cohen-almagor

This essay argues that mixing religion in politics is problematic. It becomes destructive when the religion is unyielding and coercive. Whenever religious powers are on the rise, the foundations of liberal democracy are shaken and its protective mechanisms are regressing. Indeed, in Israel egalitarianism is still in the making. Orthodox Judaism and liberal democracy are in conflict. The rise of one comes at the expense of the other in a situation where religion does not encompass the concept of freedom from religion. This essay further argues that Palestinians and Israelis are entitled to the same rights and liberties. Accommodations and …

Policy Briefing: Addressing Migrant Bodies On Europe’S Southern Frontier. An Agenda For Research And Practice, Simon Robins, Iosif Kovras, Anna Vallianatou

Iosif Kovras

In recent years thousands of undocumented migrants have died in shipwrecks at the coasts of Greece, Spain and Italy in their effort to enter the EU. This brief draws on field research on the Greek island of Lesbos, one of the key entry points of migrants to the EU that has seen repeated incidents of deadly shipwrecks. The note underlines the gaps and flaws in the policies pursued by local, national and EU authorities. Research shows that although several local agencies engage with the problem, none assumes responsibility. It reveals the absence of any provision for identification of victims or …

The Cultural Sociology Of Human Rights, Mark D. Jacobs, Lester R. Kurtz

Lester R. Kurtz

These cases of China, Occupy, and Gandhi suggest the value of the sociology of culture for understanding human rights. Since human rights is a cultural construct, human rights issues are in-flected by the same set of semantic tensions as the culture concept itself. The sociology of culture thus recommends a method for studying human rights: to explicate--indeed, to weave into an exegetical deep structure--those various tensions. This helps to see beneath the distortions that power and other forms of domination introduce into the discourse of human rights, and to recognize the full multiplicity of interests and voices.

A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh

Yofi Tirosh

This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …

Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern

Kevin H. Govern

This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …

Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper

Michael D. Cooper, Esq.

Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …

Radiography To The Chilean Human Rights Institution: Between Law And Politics, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco Garía

Sergio Verdugo R.

The article examines the fundamental recommendations for the national human rights institutions (NHRI) to function with proper autonomy against the state and, also, against NGOs that try to capture the commission´s agenda. The authors analyse the institutional design of the Chilean Human Rights Institution (INDH) and evaluates the profile and the nomination process of its membership. The paper provides evidence that demonstrates that the INDH´s research agenda is associated with a partial political view. Then, the authors suggest certain changes to strengthen the independence of the INDH.

Human Rights And Illicit Trade In Cultural Objects, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Movable cultural heritage is not bounded nor shielded by national territorial borders. Applicable domestic laws are of limited import without the cooperation of other states and the international community. Despite a century of domestic legal protection of movable cultural heritage in many states, widespread non-compliance and lack of enforcement has been the norm rather than the exception. However, the tide is turning. States formerly reluctant to ratify cultural heritage treaties have done so, signalling their acceptance of the importance of multilateral action in this field. Enforcement of such laws is viewed as part of the reinforcement of good governance, rule …

Comentario A “Las Cosas Cambian Cuando Les Pones Un ‘Tú’: Sobre Universalismo, Focalización Y Regresividad”, De Fernando Atria, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

Se argumenta que el trabajo del profesor Atria sigue una perspectiva parcial que es insuficiente para tomar determinaciones concretas y que confunde elementos relevantes que debieran distinguirse. Su trabajo se centra en la educación superior, pero no diferencia las particularidades de esta última ni los distintos bienes que ella está llamada a servir. Se cuestionan las ventajas de la universalidad y gratuidad en el sistema de educación terciaria y se constata que las ideas del profesor Atria responden a una amplia política redistributiva y social ideológicamente comprometida.

Radiografía Al Sistema Interamericano De Dd.Hh., Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García

Sergio Verdugo R.

Se realiza un análisis crítico al sistema interamericano de DD.HH. Se examina el diseño institucional y los equilibrios políticos existentes al interior de las instituciones más importantes de dicho sistema: la Comisión y la Corte Interamericanas. Se aporta evidencia acerca del funcionamiento de dichas instituciones y se constatan bajos niveles de accountability y de independencia de los jueces.

The Arab Spring And The Illusion Of A Pragmatic Approach To Foreign Policy, Gabriel C. Lajeunesse

Gabriel C. Lajeunesse

If we continue to pursue "pragmatic" approaches in the moment, rather than truly pragmatic approaches that are loyal to our core values, we will find ourselves committed to handling crisis after crisis with far greater cost in blood and treasure.

Written Statement Submitted To Senate Judiciary Subcommittee On The Constitution, Civil Society And Human Rights “Protecting The Civil Rights Of American Muslims”, Muqtedar Khan

Muqtedar Khan

This testimony describes the nature of the new Islamophobia on the rise in the US.

The Impacts Of Capitalist Incorporation And Terrorism On Indigenous Americans, Asafa Jalata

Asafa Jalata

This article critically explores the essence of colonial terrorism and its consequences on the indigenous American peoples during their colonization and incorporation into the European-dominated racialized capitalist world system between the late 15th and 19th century. It employs multidimensional, comparative methods, and critical approaches to explain the dynamic interplay among social structures, human agency, and terrorism to explain the connection between terrorism and the emergence of the capitalist world system or globalization. Raising some complex moral, intellectual, philosophical, ethical, and political questions, this paper explores the essence, roles, and impacts of colonial terrorism on the indigenous Americans. First, the paper …

Archival Considerations For The Truth And Reconciliation Commission Of Canada, Mary G. Kosta

Mary G Kosta

The Truth and Reconciliation Commission (TRC) of Canada is currently conducting hearings across Canada, and its records will need to be archived. The critical importance of preserving and providing access to such an archive will be discussed in this paper. Best practices for this archive will be exemplified by looking at the experiences of archivists working with truth commissions and international criminal justice tribunals in Africa. Additionally, Australian recommendations concerning aboriginal access to government records will be reviewed. Considerations related to aboriginal oral records will be noted, since these records are at the heart of the archives of the TRC …

Human Rights Violations, Missing Justice, Civil Conflicts And Darfur Political Future, Professor Issam A.W. Mohamed

Professor Issam A.W. Mohamed

This paper reset some facts about Darfur civil conflict. It is brief statement of facts integrated with what I describe here as the missing justice. Violations of human rights are undeniable, but channels of achieving justice are absent. It is my conclusion here that the escalation of civil conflicts in Darfur from armed gangs to rebel groups and then to open civil wars were instigated by concrete evidence of human rights violations, atrocities and genocides and most of all by the inability of the concerned authorities to carry out justice which was lost in the maze of deception, lies, ignorance …

A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh

Yofi Tirosh

Legal regulation of surnames provides a fascinating venue for examining how women negotiate their interests of autonomy and of stable personhood vis a vis a patriarchal naming structure. This is a study of 25 years of adjudication of surnames and personal status at the European Court of Human Rights. It explores the intricate ways in which legal norms governing surnames (and their judicial interpretation) sustain, shape, and reify social institutions such as gender, family, and citizenship.

As a pan European court, the adjudication of the ECHR operates within the framework of human rights. The universal characteristics of human rights principles …

Liberalism, Tolerance And Multiculturalism: The Bounds Of Liberal Intervention In Affairs Of Minority Cultures, Raphael Cohen-Almagor, Marco Zambotti

raphael cohen-almagor

One of the most pressing issues facing liberal democracies today is the politicization of ethno-cultural diversity. Minority cultures are demanding greater public recognition of their distinctive identities, and greater freedom and opportunity to retain and develop their distinctive cultural practices. In response to these demands, new and creative mechanisms are being adopted in many countries for accommodating difference. This paper discusses some of the issues raised by these demands, focusing in particular on the difficulties that arise when the minority seeking accommodation is illiberal. It is increasingly accepted that common citizenship rights are not sufficient to accommodate all forms of …

Another Chance - Reaffirming Human Rights For All, Effenus Henderson

Effenus Henderson

This article explores the opportunities, challenges and imperatives for reaffirming human rights around the world going forward. It identifies the myriad of principles and actions being taken by a number of organizations and entities. All have good intentions and notable goals. The challenge is how to build a more connected and coherent strategy that supports the continued evolution of human rights. It reinforces its alignment with environmental stewardship issues, social responsibility, globalization and entrepreneurial endeavors.

Law's Autonomy, Ashok Agrwaal

Ashok Agrwaal

Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into …

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …

The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin

David M. Smolin

This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.

Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal

Ashok Agrwaal

This artixcle is based upon my work on State impunity in the context of the guaranteed right to life, in Punjab and Kashmir. The Indian state has fought insurgencies almost throughout its independent history: from Nagaland to Punjab, Andhra Pradesh to Kashmir, from the early 1950s to date. Among the many different kinds of human rights violations that the Indian security forces have been charged with, is the recurring charge that they force local people to act as 'human shields' \with a view to minimising uniformed casualties. These reports have been denied by the authorities who routinely provide other reasons, …

The Scope Of Tolerance And Its Moral Reasoning, Raphael Cohen-Almagor

raphael cohen-almagor

This essay aims to consider the scope of tolerance and its moral reasoning. I first discuss the reluctance of prominent philosophers to prescribe boundaries to liberty and tolerance. I then focus attention on Rawls’ discussion on tolerance, which I find quite disappointing, yet argue that his line of reasoning on the question of tolerating the intolerant contributed to the very fashionable consequentialist approach. After criticizing the consequentialist reasoning I introduce an alternative approach: the principled reasoning. I explain that much of the liberal reasoning is inspired by the fear of sliding down the slippery slope, and finally turn to discuss …

The Islamic State And Religious Minorities, Muqtedar Khan

Muqtedar Khan

This article explores the challenge religious minorities present to an Islamic State in the light of modern values of democracy and human rights.

The Limits Of Cultural Pluralism: An Israeli Perspective, Raphael Cohen-Almagor

raphael cohen-almagor

The primary aims of this paper are (a) to examine the importance of cultural norms and what part they play in requiring us to tolerate others out of respect, and (b) to formulate some guidelines designed to prescribe boundaries to liberty and tolerance conducive to safeguard the rights of individuals and, in turn, democracy. I argue that a liberal democracy can interfere in the business of its sub-cultures when some cultural norms subvert the basic principles upon which a liberal society is founded. Here I address, inter alia, the issues of female circumcision, murder for family honour, and blood feuds. …

The Birth Of The Universal Declaration Of Human Rights, Michael Cooper

Michael D. Cooper, Esq.

This short article, written for an audience of U.S. based social science teachers, reviews the historical circumstances surrounding the drafting of the Universal Declaration of Human Rights, which the United Nations General Assembly adopted on December 10, 1948. The narrative focuses attention on the negotiating process and, in particular, Eleanor Roosevelt’s role as Chair of the U.N. Commission on Human Rights, which drafted the landmark document.