Social and Behavioral Sciences Commons^™

Review Of "Human Rights In Asia: A Comparative Legal Study Of Twelve Asian Jurisdictions, France And The Usa", Su-Mei Ooi

Su-Mei Ooi

This article reviews Human Rights in Asia: A Comparative Legal Study of Twelve Asian Jurisdictions, France and the USA by Randall Peerenboom, Carole J. Petersen, and Albert H.Y. Chen.

Human Rights, Women, And Third World Development, Winston E. Langley

Winston E. Langley

As part of the effort to inaugurate a new international socio-political order after World War II, international emphasis was given to certain moral and legal entitlements we have come to call human rights. That emphasis initially found its most forceful expression in the Charter of the United Nations, which not only asserts its members' faith in fundamental human rights, in the dignity and worth of the human person, as well as in the equal rights of men and women of all nations, but also recites its members' commitment to employ international machinery for the promotion of the social and economic …

Human Rights Appeals In International Politics: Amnesty International's Urgent Action Texts, Ann Marie Clark, Paul J. Bracke Ph.D., Amy Barton M.L.S.

Ann Marie Clark

With the cooperation of Amnesty International, the authors are collaborating to digitize the complete set of Amnesty International's Urgent Action bulletins from 1974-2007, to be available for public use. Our process combines library standards for digitization and electronic collections with additional researcher- and practitioner-driven metadata and coding categories. The result will be a searchable, full-text el-archive, with potential for expansion of the data into a numeric data set compatible with other international data sources.

Is ‘Human Rights’ The Right Approach For Protecting The Interests Of Forest-Dependent People?, Prakash Kashwan

Prakash Kashwan

Nature conservation is often promoted in the name of the greater good of humanity. However, in a large number of cases, nature conservation is associated with increased militarization of resource control (see the select bibliography below). International conservation organizations have responded to such concerns by developing proposals for what they refer to as ‘rights-based approaches to conservation’. Some of the biggest conservation organizations have also come together to form the Conservation Initiative on Human Rights (CIHR), which is a consortium of international conservation NGOs that seek to improve the practice of conservation by promoting integration of human rights in conservation …

Finding Peace When Beliefs Collide, Sherrie Steiner

Sherrie M Steiner

No abstract provided.

Epidemiology Of Mental Health In Conflict-Affected Populations., M Hicks

Madelyn Hsiao-Rei Hicks

No abstract provided.

Synopsis Of Working Session V: Making Common Ground, Sherrie Steiner

Sherrie M Steiner

No abstract provided.

Police-Building And The Responsibility To Protect: Civil Society, Gender And Human Rights Culture In Oceania, Charles Hawksley, Nichole Georgeou

Nichole Georgeou

Forthcoming: This book examines how the United Nations and states provide assistance for the police services of developing states to help them meet their human rights obligations to their citizens, under the responsibility to protect (R2P) provisions. It examines police-capacity building ("police-building") by international donors in Timor-Leste, Solomon Islands and Papua New Guinea (PNG). All three states have been described as "fragile states" and "states of concern", and all have witnessed significant social tensions and violence in the past decades. The authors argue that globally police-building forms part of an attempt to make states "safe" so that they can adhere …

Rtop's Second Pillar: The Responsibility To Assist In Theory And Practice In Solomon Islands, Charles Hawksley, Nichole Georgeou

Nichole Georgeou

This paper explores the implementation of a regional capacity-building program in Solomon Islands, a state that experienced significant violence and political tension between 1998 and 2003. The July 2003 intervention of the Regional Assistance Mission to Solomon Islands (RAMSI) is a useful and relevant case study for understanding the operationalization of Pillar II of RtoP, which the authors have termed the “Responsibility to Assist” (RtoA). While RAMSI has not consciously adopted RtoP language in its operations, the rationale for the intervention included humanitarian as well as wider regional security concerns. The mission’s emphasis on developing the state’s capacities in policing …

Prayas: Social Work In Criminal Justice Prayas_1990@Rediffmail.Com, Prayas.Rnd@Gmail.Com, Professor Vibhuti Patel

Professor Vibhuti Patel

Prayas: Social Work in Criminal Justice prayas_1990@rediffmail.com, prayas.rnd@gmail.com About Prayas Prayas is a Field Action Project of the Centre for Criminology and Justice, School of Social Work at the Tata Institute of Social Sciences, initiated in 1990. It is a response to the needs of disadvantaged groups being processed by the Criminal Justice System (CJS). It aims at socio legal and economic rehabilitation of persons who are at a greater risk of being criminalised, vulnerable to being trafficked (for the purpose of commercial sexual exploitation), or destitution. Mission To contribute knowledge and insight to the current understanding of aspects of …

No Limits To Watching?, Katina Michael, M.G. Michael

M. G. Michael

Little by little, the introduction of new body-worn technologies is transforming the way people interact with their environment and one another, and perhaps even with themselves. Social and environmental psychology studies of human-technology interaction pose as many questions as answers. We are learning as we go: 'learning by doing' through interaction and 'learning by being'. Steve Mann calls this practice existential learning; wearers become photoborgs, a type of cyborg (cybernetic organism) whose primary intent is image capture from the domains of the natural and artificial. This approach elides the distinction between the technology and the human; they coalesce into one.

No Limits To Watching?, Katina Michael, M.G. Michael

Professor Katina Michael

Little by little, the introduction of new body-worn technologies is transforming the way people interact with their environment and one another, and perhaps even with themselves. Social and environmental psychology studies of human-technology interaction pose as many questions as answers. We are learning as we go: 'learning by doing' through interaction and 'learning by being'. Steve Mann calls this practice existential learning; wearers become photoborgs, a type of cyborg (cybernetic organism) whose primary intent is image capture from the domains of the natural and artificial. This approach elides the distinction between the technology and the human; they coalesce into one.

Kriza, Jedinstvo I Osobne Slobode, Matija Kovačević

Matija Kovačević

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …

Information Effects And Human Rights Data: Is The Good News About Increased Human Rights Information Bad News For Human Rights Measures?, Ann Marie Clark, Kathryn Sikkink

Ann Marie Clark

Changes in quality and availability of information related to human rights violations raise questions about how best to use existing data to assess human rights change. Information effects are discernible both in primary sources of information and data coded by two prominent human rights datasets, the Political Terror Scale (PTS) and the Cingranelli-Richards Human Rights Data Set (CIRI). The authors discuss ways that human rights information has changed for the better, evaluate the scales and their primary text sources for countries in Latin America, and compare them with information drawn from regional truth commission data. Extra caution is advised when …

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Winifred L. Tate

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …

Can Policy To Address Some Rights Address Breaches Of Other Disability Rights?, Sally Robinson, Karen Fisher Assoc Prof

Professor Sally Robinson

Governments must implement the UN CRPD. In practice, government prioritises policies relating to some rights more highly than others. This unequal implementation relates in part to constraints on government, including competing interests, multiple participants and incremental policy change. In the context of these constraints, can differential policy priorities address breaches of other disability rights? This paper tests this question in relation to support for people living in boarding houses in Queensland, focusing particularly on residents with intellectual disability. Among the core disability rights are the rights to housing and housing support (Article 19). For some people living in boarding houses, …

The Normative Context Of Human Rights Criticism: Treaty Ratification And Un Mechanisms, Ann Marie Clark

Ann Marie Clark

extract from first paragraph: "How do human rights norms condition states' responses to international criticism? .... This chapter applies a form of dynamic time series analysis... along with a short case study of UN action on Indonesia, to consider the effects of the discursive engagement represented by treaty commitment and whether human rights treaty compliance varies when a state received additional international attention."

The Unbordered Borders, Winston Langley

Winston E. Langley

Many have taken on the task of purportedly advancing the cause of human rights by abstractly reciting them and clamoring for their implementation. Some speak about one’s right to free speech and democracy, for example, with a convenient forgetting of the right to education, which can promote the type of dialogical encounter that is sponsoring of liberatory, integrative construction and reconstruction of self and human societies. Others champion the right to freedom, but not the right to food, careless of the fact that the hungry are un-free, left as they are to the crushing dictates of their bellies; and still …

Measuring The Success Of Counter Trafficking Interventions In The Criminal Justice Sector: Who Decides - And How?, Anne T. Gallagher Ao, Rebecca Surtees

Anne T Gallagher

Global concern about human trafficking has prompted substantial investment in counter-trafficking interventions. That investment, and the human rights imperatives that underpin counter-trafficking work, demand that interventions demonstrate accountability, results and beneficial impact. How this can happen in practice is complicated and contested. This article, which considers success measurements with respect to criminal justice interventions, seeks to cut through the complexities presented by multiple theories and elaborate methodologies by focusing on one key issue: who decides success, and how? A review of evaluation reports and interviews with practitioners confirm that determinations of success (or failure) will vary according to: (i) who …

Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt

Professor Katina Michael

Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.

Causes And Consequences Of International Migration: Sociological Evidence For The Right To Mobility, Tanya Golash-Boza, Cecilia Menjivar

tanya golash-boza

Human rights declarations provide the right for any person to leave their country, yet do not provide the right to enter another country, stopping halfway in asserting a right to mobility. In this article we provide evidence that 1) state policies and actions create migration flows; 2) migrants often travel to fulfil their human rights; and 3) current restrictions on immigration curtail migrants’ human rights. We argue, based on sociological evidence, that the right to mobility is a fundamental human right, and deserves a place in human rights doctrine.

Natural Rights To Welfare, Siegfried Van Duffel

Siegfried Van Duffel

No abstract provided.

A Cosmopolitan Legal Order: Constitutional Pluralism And Rights Adjudication In Europe, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan

Donald J. Kochan

This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …

The Twitter Effect, Caitlin Byrne

Caitlin Byrne

Extract: In its short history, Twitter-the latest social networking phenomenon-has emerged from within the boundaries of political oppression as a potential enabler of human rights. A product of Western culture. Twitter's relevance to human rights rests in liberal political theory. In particular, Twitter gives effect to first generation human rights, articulated by the UN's Universal Declaration of Human Rights (UNDHR) in 1948, and subsequently codified in international law by the UN's International Covenant on Civil and Political Rights (ICCPR) in 1966. The potential of Twitter presents both serious challenges and opportunities for advancing human rights, which this case explores in …

With Reckless Abandon: Haneef And Ul-Haque In Australia's 'War On Terror', Mark Rix

Mark Rix

This brief paper considers the political and social implications of the manner in which Australia has prosecuted the so-called ‘war on terror’. It does this by investigating relevant aspects of Australia’s anti-terrorism legislation and the performance of Australian security and law enforcement agencies, namely, the Australian Security and Intelligence Organisation (ASIO) and the Australian Federal Police (AFP). Focusing on the Haneef and Ul-Haque cases, the paper will consider how the political climate created by the former Federal Government’s legislative approach to the war on terror has influenced the performance of these organisations. By focusing on these two cases, the paper …

Human Rights In Camera, Sharon Sliwinski

Sharon Sliwinski