Social and Behavioral Sciences Commons^™

Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles

Cornell Law Faculty Publications

Anthropologists engage human rights administrations with an implicit promise that our discipline has something unique to offer. The articles in this special issue turn questions about relevance and care so often heard in the context of debates about human rights outside in. They focus not on how anthropology can contribute to human rights activities, but on what anthropological encounters with human rights contribute to the development of our discipline. They ask, how exactly do we render the subject relevant to anthropology? Reflecting on some ways anthropologists in this field have dispensed care for their subjects, the authors highlight two modalities …

Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock

Human Rights & Human Welfare

No abstract provided.

David E. Guinn On The Wilson Chronology Of Human Rights: A Record Of The Human Striving For Freedom From Ancient Times To The Present. Edited By David Levinson. Bronx, Ny: H.W. Wilson, 2003. 581pp., David E. Guinn

Human Rights & Human Welfare

A review of:

The Wilson Chronology of Human Rights: A Record of the Human Striving for Freedom from Ancient Times to the Present. Edited by David Levinson. Bronx, NY: H.W. Wilson, 2003. 581pp.

The Introduction Of Human Rights Education To Two Secondary Schools In Sudan, Siham Taha Elmugammar

Archived Theses and Dissertations

No abstract provided.

Update - June 2005, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Universal Access to Health Care and Religious Basis of Human Rights

The Health Insurance System In Egypt, Aya Allah Amr Elhilaly

Archived Theses and Dissertations

This study analyzes the proposed amendments of the health insurance system in Egypt from a human rights perspective. It starts by outlining the international human rights law standards of the right to health concluding that Egypt has an obligation under international human rights treaties to which it is party to provide a public health insurance system.

The study then addresses the failures of the current health insurance system in Egypt to fulfill the right to health on a non-discriminatory basis arguing that the exclusion of the majority of Egyptians on the basis of employment status or enrollment at school is …

David E. Guinn On A Dictionary Of Human Rights (2nd Edition) By David Robertson. London, England: Europa Publications, 2004. 346pp., David E. Guinn

Human Rights & Human Welfare

A review of:

A Dictionary of Human Rights (2nd Edition) by David Robertson. London, England: Europa Publications, 2004. 346pp.

The Use Of Transnational Jurisprudence In Constitutional Human Rights Adjudication, Mona Ahmed El Bahtimy

Archived Theses and Dissertations

No abstract provided.

Akinbola E. Akinwumi On Sickness And Wealth: The Corporate Assault On Global Health By Meredith Fort, Mary Anne Mercer And Oscar Gish (Eds). Cambridge: South End Press, 2004. 237pp., Akinbola E. Akinwumi

Human Rights & Human Welfare

A review of:

Sickness and Wealth: The Corporate Assault on Global Health by Meredith Fort, Mary Anne Mercer and Oscar Gish (eds). Cambridge: South End Press, 2004. 237pp.

Hijacked Justice: Domestic Appropriation Of International Norms, Jelena Subotić

Human Rights & Human Welfare

This paper explores the domestic politics of international norm diffusion, using the global transmission of transitional justice norms as the empirical context of the research. Applying sociological institutionalism as the principal theoretical framework, I argue that the motivation of states to adopt international models of transitional justice has changed over time. The transitional justice norm - that posits that war crimes and massive human rights abuses must be dealt with in a proper legal setting and not through “victors’ justice” or impunity - was institutionalized in large part as the result of a strong domestic demand for transitional justice in …

Peggy J. Blair On Commercial Law And Human Rights Edited By Stephen Bottomley And David Kinley. Burlington, Vt: Ashgate, 2001. 356pp., Peggy J. Blair

Human Rights & Human Welfare

A review of:

Commercial Law and Human Rights edited by Stephen Bottomley and David Kinley. Burlington, VT: Ashgate, 2001. 356pp.

Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.

Aiding Whom? Competing Explanations Of Middle-Power Foreign Aid Decisions, Bethany Barratt Phd

Human Rights & Human Welfare

Paper presented at International Studies Association annual meeting Honolulu, Hawaii March 2005. I thank Sabine Carey, Christian Erickson, Scott Gartner, Miroslav Nincic, Steve Poe, and Randolph Siverson for excellent feedback on earlier versions of this research, and Richard Tucker for generously providing the Similarity of UN Policy Positions data.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted …

The United States And Economic And Social Rights: Past, Present…And Future?, Daniel J. Whelan

Human Rights & Human Welfare

There is probably no other topic in the field of human rights that is more difficult to talk about clearly than economic and social rights. The language surrounding economic and social goods as rights claims is often muddled and confusing, lacks precision, and is difficult to grasp. What does it mean, for example, to have a right to the “highest attainable standard of mental and physical health,” for example? What is “highest”? What about “attainable standard”? What is included in “mental and physical health?” Should health care be free-of-charge? Should the state provide it? Would we have to go court …

International Humanitarianism In The Contemporary World: Forms And Issues, David P. Forsythe

Human Rights & Human Welfare

© 2004 David P. Forsythe. All rights reserved.

This paper was commissioned by the U.S. Social Science Research Council and the United Nations University, for a research project on multilateralism starting Fall 2004.

The paper may not be quoted or referred to in any reference without the written permission of the author. Suggested revisions are welcomed by the author via his email address. This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …

The Great Divide: Citizenship And Statelessness, Kristy Belton

Electronic Theses and Dissertations

This thesis investigates the implications of State control of citizenship upon the individual's ability to choose membership in a given State polity. It briefly examines how States gained absolute control over the granting, denying and revoking of citizenship and demonstrates how the acquisition of citizenship and statelessness are both State-determined statuses. The repercussions of statelessness at the individual, regional and global levels are presented to demonstrate the severity of being unable to choose a citizenship. Efforts made by States and the international community to prevent and reduce statelessness are examined in order to illustrate the lack of prioritization given to …

Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan

Articles

In the United States, the state and federal courts often has been the first port of call for activists hoping to advance the cause of same-sex couples. State courts, in particular, have ruled on occasion that guarantees of equal rights or due process contained in state constitutions require recognition of same-sex marriage or civil unions. These court decisions, in turn, have sparked a legislative backlash. Legislators and voters have rejected these court decisions by amending state constitutions to limit the rights of same-sex couples. The European Union represents, in some ways, the mirror image of the United States experience. The …

The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry

Faculty Articles

In the midst of the countless, grotesque inhumanities of the twentieth century, however, there is a heartening story, amply recounted elsewhere: the emergence, in international law, of the morality of human rights. The morality of human rights is not new; in one or another version, the morality is very old. But the emergence of morality in international law, in the period since the end of World War II, is a profoundly important development.

The twentieth century, therefore, was not only the dark and bloody time; the second half of the twentieth century was also the time in which a growing …

Some Yemeni Ideas About Human Rights, Sheila Carapico

Political Science Faculty Publications

Yemeni intellectuals voiced human rights concerns throughout the twentieth century. Of course, as elsewhere, the early incarnations of a human rights movement in this most populous corner of Arabia did not use the term huquq al-insan (human rights), popularized only in the 1990s. Moreover, the emphasis was consistently on limiting arbitrary governance and justice. Still, Yemenis tackled issues such as social equality, popular participation, judicial autonomy, due process, prison conditions, and intellectual freedom, among others. This chapter explores how a fragmented yet tenacious intellectual movement grounded in indigenous political culture produced writings intended to breach authoritarianism for over half a …

Politics, Rights, And The Refugee Problem, Richard Dagger

Political Science Faculty Publications

In The Origins of Totalitarianism, the political philosopher Hannah Arendt pointed to the years between World War I and World War II as the time when the plight of refugees became a pressing political problem.' If Arendt were still alive (she died in 1975), she would no doubt agree that the problem is at least as pressing in the early twenty-first century as it was sixty or more years ago, when she herself was a refugee from Nazi Germany. Who would not agree? According to a report of the U.N. Population Division, 16 million people were refugees at the …

Patrick Hayden On International Human Rights, Decolonisation And Globalisation: Becoming Human By Shelley Wright. London: Routledge, 2001. 274 Pp., Patrick Hayden

Human Rights & Human Welfare

A review of:

International Human Rights, Decolonisation and Globalisation: Becoming Human by Shelley Wright. London: Routledge, 2001. 274 pp.

Margot Morgan On The Politics Of Justice And Human Rights: Southeast Asia And Universalist Theory By Anthony J. Langlois. Cambridge: Cambridge University Press, 2001. 214 Pp., Margot Morgan

Human Rights & Human Welfare

A review of:

The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory by Anthony J. Langlois. Cambridge: Cambridge University Press, 2001. 214 pp.

Minority Rights, Minority Wrongs, Elena Baylis

Articles

Many of the new democracies established in the last twenty years are severely ethnically divided, with numerous minority groups, languages, and religions. As part of the process of democratization, there has also been an explosion of “national human rights institutions,” that is, independent government agencies whose purpose is to promote enforcement of human rights. But despite the significance of minority concerns to the stability and success of these new democracies, and despite the relevance of minority rights to the mandates of national human rights institutions, a surprisingly limited number of national human rights institutions have directed programs and resources to …

Headscarf Laws In Europe: Legal Necessity Or Human Rights Violation?, Timothy P. Fox

Seton Hall University Dissertations and Theses (ETDs)

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Sovereignty, Democracy, And Global Civil Society, Elisabeth Friedman, Kathryn Hochstetler, Ann Marie Clark

Ann Marie Clark

Sovereignty, Democracy, and Global Civil Society explores the growing power of nongovernmental organizations (NGOs) by analyzing a microcosm of contemporary global state-society relations at UN World Conferences. The intense interactions between states and NGOs at conferences on the environment, human rights, women's issues, and other topics confirm the emergence of a new transnational democratic sphere of activity. Employing both regional and global case studies, the book charts noticeable growth in the ability of NGOs to build networks among themselves and effect change within UN processes. Using a multidimensional understanding of state sovereignty, the authors find that states use sovereignty to …

Waiting For Some Angel: Indigenous Rights As An Ethical Imperative In The Theory And Practice Of Human Rights, Sam Grey

Sam Grey

This article uses the stalled Draft Declaration on the Rights of Indigenous Peoples as the impetus for an examination of arguments championing and opposing the framing of Indigenous rights as human rights. Failings both theoretical and practical – in the conceptualisation, promulgation and interpretation of human rights – have long left Aboriginal peoples at a disadvantage. The dual focus of Indigenous claims is unique in the rights lexicon, asserting the right to be simultaneously different from and equal to the majority population. Yet Indigenous rights are often perceived, by governments with the power to block their progress, as a threat …

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …