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Human rights-based service delivery

Assessing the role of national human rights institutions in democracy and development in Ghana and Uganda

Richard Iroanya, Patrick Dzimiri, and Edith Phaswana

The human rights-based service delivery approach emphasizes that sustainable democracy and development cannot be divorced from recognition, respect, and protection of fundamental human rights of people in any given sociopolitical space. This

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Peter Herrmann

The main debates on human rights are caught in their stasis—and they remain perhaps even more static if they aim on developing a dynamic view. Instances of “dynamizing” such thinking are very much coined by the developmental thinking à la W. W

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Helmut Graupner

The basic human right to sexual autonomy and self‐determination encompasses two sides: it enshrines both the right to engage in wanted sexuality on the one hand, and the right to be free and protected from unwanted sexuality, from sexual abuse and sexual violence on the other. This concept elaborated by the European Court of Human Rights, in the light of European legal consensus, suggests that the age of consent for sexual relations (outside of relationships of authority and outside of pornography and prostitution) should be set between 12 and 16 years. In any event the age of criminal responsibility should be the same as the age of sexual consent.

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The Human Rights Dialogue

Foundationalism Reconsidered

Maria Granik

In this article, I defend the need for meaningful dialogue about the foundations of human rights. The article consists of four main parts. Part I provides context for the argument by discussing the status of foundations in the Universal Declaration of Human Rights and several other human rights legal instruments. Part II outlines the main criticisms of foundationalism by Michael Ignatieff and Richard Rorty. Part III deals with two main problems raised by anti-foundationalist positions. First, the motivation to defend and implement human rights is often tied to a rational understanding of why these rights are worthy of protection. Second, rejecting the search for rational foundations can itself lead to ideological problems, even if this search cannot ultimately succeed. Silence concerning justifications for rights informs our conversation about them, and making any concealed underlying assumptions explicit can be valuable. Finally, Part IV discusses ways in which a genuinely dialogical foundationalism can be possible - one that does not fall into the trap of dogmatism. More specifically, this section addresses the possibility of a secular foundationalism by examining Michael Perry's critique of this approach.

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Pierre Makhlouf

, deserving of hostility by ‘abusing our hospitality’. Alongside this perception is the charge that human rights campaigners have in the past suppressed discussion of immigration. In my experience, there has seldom been a time when immigration has not been

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From Yehuda Etzion to Yehuda Glick

From Redemptive Revolution to Human Rights on the Temple Mount

Shlomo Fischer

, who was recently elected a Likud member of Knesset, is a Jewish Temple Mount activist who justifies his demand that Jews be allowed to worship on Temple Mount on the basis of the general principles of freedom of worship and human rights ( HaLiBah 2016

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Tomas Max Martin

Ugandan prison staff both criticize and welcome human rights as a reform agenda that brings about insecurity as well as tangible improvements. In practice, human rights discourse is malleable enough for prison officers to cobble together a take on human rights that enables them to embrace the concept. The analysis of the emic notion of “reasonable caning” illustrates this malleability as staff concurrently take stands against inhumane violence and continue to legitimize caning while aligning with human rights. Human rights are locally negotiated, and it is argued that human rights reform cannot simply be analyzed as a submissive or opposing reaction to the top-down export of powerful global discourses. The embrace of human rights that unfolds in Ugandan prisons is rather a productive and multifaceted effort by prison officers to get purchase on legal technologies and reconceptualizations of prison management practices that affect their lives.

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John Pearson

This paper asks whether David Miller's minimalist theory of human rights is coherent with his claim that obligations of global justice involve obligations to provide people with a minimally decent life. I argue that there is a justice gap in Miller's theory: the structure of his distinction between basic and societal needs is such that people will be left below the level of minimal decency even when obligations of justice are met. Miller can either bite this bullet or look for alternative sources of obligations of justice. I take up the second option by arguing that there can be obligations of global justice to build institutions that enable societies to generate income and wealth.

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Changing rights and wrongs

The transnational construction of indigenous and human rights among Vietnam's Central Highlanders

Oscar Salemink

In the context of the conflict-ridden relationship with the Vietnamese state and the growing transnational interference by their vociferous diaspora, this paper analyzes particular shifts in the framing of their rights. A notion of collective group rights that are by definition particularistic and exclusive has given way to individual rights (especially religious freedom) that are universal and inclusive. Simultaneously, a localized and communal emphasis has changed to a transnational one oriented toward international fora. Local interests and aspirations thus come to be framed as universal human rights that pertain to individuals, rather than local rights that pertain to collectives. In this light, recent attempts to theorize minority or indigenous rights appear to be ineffective and will probably be counter-productive.

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A human rights-based approach

A gate to development of African women's land rights?

Karin Tengnäs

The global competition for African land is at a historical peak. Local effects of large-scale land acquisitions depend on multiple factors, but women's rights and livelihoods are generally very fragile due to historical and contemporary injustices. Good land governance is important for turning the land acquisitions into equal and equitable development opportunities. The human rights-based approach promotes good governance by adding strength and legal substance to the principles of participation and inclusion, openness and transparency, accountability and the rule of law, and equality and nondiscrimination. By empowering rights-holders and enhancing duty-bearers' capacity, international development cooperation can lead to wider and more gender-balanced inclusion of civil society in negotiations of large-scale land acquisitions and greater adherence of duty-bearers to the rule of law. This is especially important in African countries with large amounts of land and weak legal and institutional frameworks to protect rights, especially those of women.