Multiculturalism and Free Speech

Anthony Lester tackles the complex and sensitive issues of multiculturalism and free speech. He explores the various meanings given to multiculturalism, integration and assimilation, as well as the relationship between the right to equality and dignity for ethnic and religious minorities and the right to freedom of expression. Placing our multicultural society in its historical context, he considers the treatment of Commonwealth immigrants in the 1960s and 1970s and discusses more recent confrontations involving racial or religious groups which have raised the right to free speech. He argues that our approach to integration and cultural diversity should promote equality and individuality but resist unreasonable demands to respect customs and practices which, for example, harm the rights of women and children, in the name of misguided multiculturalism. We must guard against political correctness that panders to the thin-skinned but remember that the right to offend does not mean a duty to do so.     

A Difference-Centred Alternative to Theorization of Children's Citizenship Rights

The “rights revolution” has become a central feature of modern political consciousness and has resulted in a proliferation of theories about children's rights. Yet mainstream liberal theories in which children's rights are theorized rarely take children's rights as citizens seriously, due to the normative stance of liberal theories that construct children in terms of “not-yet-citizens”. This article argues for a difference-centred theory of children's citizenship rights by situating the analysis within feminist, anti-racist, gay, lesbian and transgendered theories of citizenship that are difference-centred. It discusses an alternative, difference-centred, articulation of children's citizenship rights through an analysis of their rights of liberty and equality. Through a broadening of liberal, normative notions of liberty defined around exercising individuated autonomous decision-making or the participation in citizenry duties, the article re-defines children's rights of liberty in relational terms that addresses their agency and acknowledges their presence as participating subjects in the multiple relationships in which they interact. It also re-articulates their rights of equality from a mainstream liberal interpretation of “equality-as-same” to one that treats children as “differently equal” members of the public culture in which they are full participants. Normative social institutional practices and assumptions become the focus of the analysis, which concludes that these have to change as they act as barriers that exclude and marginalize children's citizenship rights on the basis of their difference (real and constructed) from an adult norm assumed of citizens.     

Human Rights,Personal Responsibility,and Human Dignity: What Are Our Moral Duties to Promote the Universal Realization of Human Rights?

According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that we must make occasional donations to charities working to advance human rights realization? In this essay, I argue that this duty can only be constructed as imperfect. This means that it confers agent-relative discretion on us to decide when, how, and to what extent to advance the human rights of others. It also means that it is neither correlative with rights nor enforceable. As I will explain, the main reason for this is that any attempt to construct it as a perfect duty would infringe the dignity of the potential duty bearers and thereby undermine the very values that human rights practice aspires to serve. Finally, I will conclude by providing some guidelines for those who wish to comply with their imperfect duties to improve the situation of those whose human rights are in peril.     

Dignity,discrimination, and context: New directions in South African and Canadian human rights law

Conclusion The current approaches to equality law in South Africa and Canada place these jurisdictions at the forefront of serious and comprehensive judicial at tempts to give effect to substantive equality. These attempts to overcome formalism are processes, judicially acknowledged as such, and as yet far from complete. At the conceptual center of the development of substantive equality is the legal realization of human dignity: not an abstract, individualistic notion, but a concept about the relation between the individual and state, and individual and group, which is circumscribed by concern, respect and consideration. But substantive equality is not possible only through the case law. The current issues surrounding intersectional discrimination and the contextual appreciation of a claimant’s circumstances are urgent reminders that the methods and remedies afforded by the structure of litigation of equality rights claims simply cannot accommodate many instances which call for relief. The fact that these inadequacies of court enforced claims are beginning to be laid bare by some of the problems being faced by the Courts in equality claims is perhaps not a failing of equality law and the concept of dignity, but its strength. The methodology of human rights litigation in countries like Canada and South Africa supports a dialogue between court and legislature. As substantive equality develops in these jurisdictions, the limits of judicial development will be challenged. That is ultimately to be welcomed, if the legislatures are responsive to the definition of human dignity and substantive equality in development judicially, and respond with efforts to support and promote these developments.     

Human rights for women: an argument for 'deconstructive equality'

The status of universalism has been much debated by feminists at the end of the twentieth century. Poststructuralist feminism is readily positioned in these debates as antagonistic to normative universalism. It is criticized as such: how is injustice to be judged and condemned if contestation and the openness of ungrounded universalism are the only ideals? This paper is a 'sub-philosophical' enquiry into the normative commitments to equality implicit in poststructuralist feminism and its relationship to 'actually existing' human rights for women as they have been re-worked by the international feminist movement. It argues that poststructuralist feminism can be used to provide support for one possible understanding of equality encoded in the Convention on the Elimination of All Forms of Discrimination Against Women. It addresses feminist concerns over universal rights as androcentric and ethnocentric, arguing that extending human rights to women is compatible with poststructuralist commitments to anti-essentialism and anti-foundationalism and required by the model of 'deconstructive equality' implicitly shared by CEDAW and poststructuralist feminism.     

Equality and Human Rights: Foundations of a Common Culture?

The creation of the new GB Commission for Equality and Human Rights invites fresh reflection on the relationship between human rights and equality. This article suggests that an account of equality that goes beyond the negative notion of anti-discrimination towards a more positive value-driven conception of equal participation offers the best chance of fruitful coalition with a human rights approach. It also argues that human rights themselves must be rescued from the perception that they are primarily about civil liberties and relevant only to matters of state security and criminal justice. It is proposed that recent developments in equality law and in the understanding of the implications of human rights principles for public service delivery provide the foundation for shared values and for a common culture that is truly democratic, deliberative and participatory. The new Commission to that extent enjoys an historic opportunity.     

Contesting privilege with right: the transformation of differentiated citizenship in Brazil

This paper suggests that new understandings of rights associated with right to the city movements in many cities around the world are subverting special treatment rights (understood as privilege) and the systems of differentiated citizenship that support them. To make this case, it examines the Brazilian formulation of differentiated citizenship as a telling historical example of a politics of difference based on a combination of universal membership and special treatment rights. It argues that by denying the expectation of equality and emphasizing that of compensatory equity in the distribution of rights, Brazilian citizenship became an entrenched regime of legalized privileges and legitimated inequalities. This paper then analyzes the insurgence of an urban citizenship in the poor peripheries of Brazilian cities since the 1970s, which promotes new kinds of contributor rights, the text-based rights, and the right to rights. It ends with a discussion of the entanglements and contradictions of these formulations of citizenship and rights.     

Value Conflict, Group Affect, and the Issue of Campaign Finance

The issue of campaign finance reform creates a potential conflict between the democratic values of expression and equality. Using a unique experiment embedded in a national survey of the American electorate, we examine the extent to which group affect influences citizens' commitment to these values and how it contributes to the resolution of value conflict. We find that citizens' commitment to the values of expression and equality in the campaign finance system is structured by their feelings toward those whose rights and influence are perceived to be at stake. Our analysis further shows that the effects of group affect are conditioned by issue frame. The effects of group affect are less pronounced when campaign finance is framed as an issue of political expression and rights than when it is framed in terms of political equality and influence. Finally, we find that affective information contributes to the resolution of value conflict by helping citizens to make tradeoffs between competing values in judgment situations.     

Competing Gender Paradigms: Gender Difference, Fetal Rights and the Case of Johnson Controls

Political debates over the concept of “fetal rights” pose in sharp relief questions regarding the meaning of biological gender difference for gender equality. Can the state's obligation to “protect” fetal health be used to modify or control women's behavior? If so, what does this mean for women's status as full and equal citizens in a democratic society? This article addresses these questions through an analysis of the political, legal, scientific and moral debates over “fetal protection policies” in hazardous workplaces.     

An Exploratory Study of Human Rights Knowledge: a Sample of Kindergarten and Elementary School Pre-service Teachers in Spain

This study aims to explore the level of information and knowledge 150 Spanish kindergarten and elementary school teachers in pre-service training have about human rights. We compared two groups of students: students with no specific training and students with specific training (the students with specific training study with the new training teaching programme that includes a compulsory subject related to citizenship education). The contents are organized around three thematic areas. Human rights are included in the first area ‘Basic concepts to promote equality and participation in Elementary Education’; the other two areas are: ‘Learning to participate at Elementary School’ and ‘Building a civil school that promotes equality and participation at Elementary School’. It is a one semester subject with 3 h of teaching per week. The main hypothesis is that a specific training on human rights will lead to an important improvement not only in student’s level of knowledge but also in the way they categorize this specific content. We have administered a questionnaire designed for the study. In general, our results show that students of both groups have a basic and limited knowledge about human rights. The group with specific training shows a higher level of knowledge than the other group and a different way of organizing it. This would go in the direction of other studies of supporting and reinforcing the inclusion of specific training on human rights during the initial teacher training programmes at the university.     

The Idea of Citizenship in the Early Civil Rights Movement

Luther P. Jackson was a key supporter of the Association for the study of Negro Life and History and a leading historian of the African American experience. As a leader in the voting rights movement in Virginia as well a prominent activist within region-wide civil rights organizations, Jackson crafted a message of black citizenship that balanced rights and civic duties. His emphasis on political engagement and civic consciousness transcended the specific issues that occupied civil rights activists of the 1940s. This philosophy of political commitment tied the black freedom struggle to the fulfillment of the democratic promise enshrined in the founding documents of the American republic. It also connected the movement for racial justice to the working-class movement for union organization and economic democracy. His effort to place citizenship front-and-center in the civil rights movement echoed the universal ideals of the American crusade to free the world of fascism. It also resonated with the egalitarian aspirations of the Reconstruction era. By linking black equality to political engagement, Jackson set out the only terms under which full equality could be achieved. As much as his message of justice through citizenship challenged the racial orthodoxies of his day, it challenges our contemporary society, transfixed as it is by the illusions of consumerism and marketplace privatization. As Carter G. Woodson and Luther Jackson both understood, racial justice required more than historical consciousness; it required political awareness grounded in a sense of civic responsibility.     

Making space for space

This article explores the effectiveness of appeals to ‘active citizenship’ as an answer to the ‘neoliberal’ political vocabulary of consumer choice and market freedom. It does so through a case study on recent reforms to post-compulsory education in Australia. A common response to education and social welfare policy is to expect government to accord with ideals of citizenship such as self-determination, participation and equality. However, the case study suggests that the governmental rationalities of modern mass-education systems are irreducible to these abstractions. Reference to the social rights of citizens is embedded in the rationales of social and education policy. Nevertheless, this should not be construed as the recognition or misrecognition of an absolute ideal or principle. Instead, the negotiation of social rights can be seen as the product of the mass school system's own capacity to apply common norms to a population and to use these norms in maintaining the settlements negotiated within expanding social welfare systems.     

Access to justice: Widows and the institutions regulating succession to property in Uganda

The 1995 Constitution of the Republic of Uganda in terms of article 31 (2) thereof, establishes rights under which widows and widowers can inherit property from their spouses and enjoy parental rights over their children. A duty is placed on the government to make appropriate laws to this end. More important though, the state has a duty to facilitate the administration of estates in general by making, through decentralization, the institutional and legal framework on succession more accessible to ordinary people. An issue that deserves fresh consideration is whether this obligation to make the legal and institutional framework on succession accessible to ordinary people and especially widows, the years fater the Constitution was promulgated has been realized, and if so, whether it has advanced the property rights of these surviving female spouses in the estates of their deceased spouses.     

Women’s Rights to Property in Marriage,Divorce, and Widowhood in Uganda: The Problematic Aspects

This article examines women’s rights to property in marriage, upon divorce, and upon the death of a spouse in Uganda, highlighting the problematic aspects in both the state-made (statutory) and non-state-made (customary and religious) laws. It argues that, with the exception of the 1995 Constitution, the subordinate laws that regulate the distribution, management, and ownership of property during marriage, upon divorce, and death of a spouse are discriminatory of women. It is shown that even where the relevant statutory laws are protective of women’s rights to property, their implementation is hindered by customary law practices, socialization, and the generally weak economic capacity of many women in the country. The article delves into the even weaker position of women’s rights to matrimonial property at customary and religious laws. In many homes, wives provide labor to support their husbands without having a stake in the use or monetary benefit from it. Under Islamic law regulating intestate succession to property, the entitlements for widows fall short of the constitutional standards on equality and non-discrimination. Polygyny is widely practiced by Muslims implying that the widows share the one eighth whenever there are children or one fourth in cases when there are no children. Radical reforms such as adopting an immediate community property regime instead of the present separate property regime are inevitable if women’s rights to property are to advance.     

Performing the Nation: Contesting Same-Sex Marriage Rights in the United States

Public opinion polls, Supreme Court decisions, and changes in federal and state law suggest that the United States is witnessing a support for lesbian, gay, bisexual, and transgender (LGBT) rights today that few would have predicted five years ago. This article offers a critical assessment of that growth as it is manifest in the context of marriage equality. It shows that efforts to advance same-sex marriage rights, while offering an important challenge to oppositional arguments, actually rely on norms quite similar to those of marriage equality opponents. Both advocates and opponents envision and enact the kind of citizenship appropriate to national health and identity in surprisingly similar ways. Both reinforce a set of norms, laws, and practices that make the right to marriage almost synonymous with family and responsible parenting. Such a consolidation of repronormativity may have troubling consequences for efforts to advance LGBT rights at home and abroad.     

Are the powers of traditional leaders in South Africa compatible with women’s equal rights?: Three conceptual arguments

This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in a democracy; and to explore the implications that this has for women’s equality and equal human rights. This is a particularly pertinent question in the South African context, and I think it is worth reiterating from the outset that there is a distinct impression that women’s equality is always “up for grabs” when other, perhaps more powerful interests, come into play, in a way that would be unacceptable for other aspects of identity, and therefore signifiers of equality. It would be inconceivable, for example, to countenance a claim for a hierarchical racial arrangement in a given community, no matter how deeply culturally entrenched that arrangement was, and regardless of how much support it (ostensibly) had from the community concerned. I think therefore that we are obliged to ask difficult questions about the new legislation on traditional leadership, and to put it under the microscope of political theory in assessing the claim that this is one way of recognizing people’s rights and freedoms in a new democracy. The Traditional Leadership and Governance Framework Act 2003, omits reference to the “powers” of traditional leaders, but rather refers to “functions and roles” which was regarded as something of a victory for women’s rights groups. However, the Commission on Gender Equality (CGE) and others point out that this victory has been all but nullified by the Communal Land Rights Act, 2004, which allocates powers of land administration to traditional councils, which are headed by traditional leaders. In any event, the “functions and roles” that traditional leaders are allocated in terms of the 2003 Act are sufficiently extensive that they may be seen to allocate “power” with the reference to lesser competence appearing to be a mere semantic device for the sake of compromise.     

城乡统筹发展下对农民权益的平等性保护问题

构建和谐社会,实现全面小康,城乡统筹是科学发展观中的五个统筹之一。就是要更加注重农村的发展,解决好三农问题,坚决贯彻工业反哺农业、城市支持农村的方针,逐步缩小城乡发展差距,实现农村经济社会全面发展。其切入点就是加快城镇化,而"乡下人"的"市民化",岂是一个城市户口了得,必须在政治参与、受教育以及财产等方面对农民给与平等对待,通过智性的制度安排,渐次消除"城乡二元"现象。     

Human Rights in the Public Sector

This article examines how universal human rights have been given practical effect in the UK through the Human Rights Act. It focusses on the role of human rights in public services and using the duty placed on public officials as a lever to bring about positive change.     

Are There Any Global Egalitarian Rights?

This article considers whether or not there are any global egalitarian rights through a critical examination of the political philosophy of Ronald Dworkin. Although Dworkin maintains that equal concern is the special and indispensable virtue of sovereigns and the hallmark of a fraternal political community, it is far from obvious whether the demands of equality stop at state borders. While some scholars in the field—most notably Thomas Pogge—posit the existence of negative rights in relation to social and economic inequalities at the global level, here I try to defend the existence of positive global egalitarian rights by appealing to Dworkin’s own two principles of ethical individualism. I also set out the framework for a version of what I call global luck egalitarianism based on Dworkin’s equality of resources and try to respond to David Miller’s charge that comparative principles of justice do not apply at the global level.

Migrant protest in times of crisis: politics,ethics and the sacred from below

This paper focuses on the 300 Migrant Hunger Strikers event in Greece to explore the material conditions of possibility for migrant politics in times of crisis. It identifies three elements that played determinant roles in the articulation of the event: the politics of equality enacted by migrants, the ethics of hospitality and witnessing enacted by the Greek activists and host populations and the sacredness of the event. Critically engaging with the theories of Rancière, Derrida, Agamben and Durkheim, this paper demonstrates how these elements encountered and how their encounter helped migrants to achieve rights, albeit limited and temporary. Moving beyond the particularity of the event, this paper also highlights the event’s importance for migrant politics in times of austerity, and increased surveillance and racism against migrants. Despite its limited and temporary success, the event demonstrates how a politics of equality, ethical openness and respect for human life can form the basis of true cosmopolitan universality. The event also demonstrates how cosmopolitan universality is constructed from below by the migrants, who despite their undocumented status, engaged in an act of citizenship to demand equality.