Uneven inclusion: consequences of universal healthcare in Thailand

‘Post-national’ scholars have taken the extension of social rights to migrants that are normally accorded to citizens as evidence of the growing importance of norms of ‘universal personhood’ and the declining importance of the nation-state. However, the distinct approach taken by the state toward another understudied category of non-citizen – stateless people – complicates these theories by demonstrating that the state makes decisions about groups on different bases than theory would suggest. These findings suggest the need to pay more attention to how the state treats other categories of ‘semi-citizens’. This article examines the differential effects of universal healthcare reforms in Thailand on citizens, migrants, and stateless people and explores their ramifications on theories of citizenship and social rights. While the state has expanded its healthcare obligations toward people living within its borders, it has taken a variegated approach toward different groups. Citizens have been extended ‘differentiated but unambiguous rights’. Migrants have been granted ‘conditional rights’ to healthcare coverage, dependent on their status as registered workers who pay mandatory contributions. Large numbers of stateless people, however, saw their right to state welfare programs disenfranchised following passage of the new universal healthcare law before later being granted ‘contingent rights’ through a new program.     

‘Women's rights as human rights’: Feminist practices,global feminism,and human rights regimes in transnationality 1

This paper argues that the recent calls for articulating women's rights as human rights can be successful only by misrecognition of the geopolitical context of human rights internationalism and the nationalisms that are sustained by it. Arguing that it is only on the level of universalized constructions of ‘women’ as a category and the generalized invocations of oppression by ‘global feminism's’ ‘American’ practitioners that such discourses of rights become powerful, this paper argues that policy and action require addressing localized and transnational specificities that created gendered inequalities. Even in national contexts such as in India, generalized invocations of women's human rights have not been useful since hegemonic forms of religion and culture have also been oppressive to women in minority communities. Concepts of economic and social justice rather than rights may work better in many such cases.     

How to Advance Social Rights without Jeopardising the Human Rights Act 1998

When the 1948 Universal Declaration of Human Rights (UDHR) was drafted, governments grasped that human rights are needed as safeguards, not only against authoritarianism but also against the causes of authoritarianism. For this reason, the UDHR encompasses civil, political, economic, social and cultural rights. This holistic vision of human rights was obscured during the Cold War and more recently by economic neo‐liberalism. The UK government neglects social rights, which have a very low public profile, although there is evidence that the profile of these human rights is increasing. UK domestic law and practice is inconsistent with the holistic vision of human rights and the government's binding international social rights obligations. The UN Special Rapporteur on extreme poverty and human rights recommends that the UK provides for ‘the legislative recognition of social rights’ which can be approached in various ways. One way is to proceed social right by social right (for example, the rights to housing, health and education), and sector by sector (for example, the sectors of housing, health and education). This administrative law approach advances explicit social rights without implicating or jeopardising the Human Rights Act 1998.     

From the Wagner Act to the Human Rights Watch Report: Labor and Freedom of Expression and Association, 1935-2000*

This paper examines the legal restrictions on the labor movement's right to picket and strike since the passage of the National Labor Relations Act (NLRA) or Wagner Act in 1935. The NLRA was seen as a statutory equivalent of the First Amendment for the labor movement, guaranteeing workers rights of association and expression they had been denied historically through the use of court injunctions, criminal conspiracy prosecutions, and extra-legal violence. Supreme Court decisions of the late 1930s, often arising out of labor conflicts, also significantly expanded rights of freedom of association and expression. Yet a report by Human Rights Watch (HRW) in 2000 concluded that US workers lacked the basic rights to organize, bargain, and strike required by international human rights standards. It found that US labor laws permitted employers to fire, harass, and intimidate workers with impunity. This paper examines the decline of these rights since the Wagner Act, seeing the roots of the legal decline in the ambivalent legacy of the Act itself. On the one hand, both the Act and the Court legally recognized unions as legitimate political organizations and extended to them many of the associative and expressive freedoms that had been available to other groups. On the other hand, the legal price for this recognition of legitimacy was the restriction of a range of expressive activities. Subsequently, labor's rights came to be treated more under the framework of industrial relations and economic policy than of civil liberties and constitutional freedoms. This gradual legal retrenchment, along with political and economic developments, left the labor movement severely weakened by the end of the century, with significantly less legal protection than its counterparts in other economically advanced countries. I explore these developments by relating them to the literatures on American exceptionalism and industrial relations. Theoretically, I rely on work which examines the relationship between institutional structure and human agency to understand the strategic choices made by corporations, state actors, and the labor movement. The paper concludes with an assessment of recent calls for labor law reform as a strategy for reviving the labor movement.     

Housing as a Social Right: Implications for Welfare State Theory

The article contributes to two central and interrelated discourses in welfare state theory and housing policy. One concerns the meaning of a 'right to housing' , and the other concerns the meaning of the dichotomy 'universal'–'selective' in housing policy . The right to housing is best seen as a political 'marker of concern' pointing out housing as an area for welfare state policy. The more precise meaning of the idea is always defined socially, in a specific national context of relations between state, citizen, and markets in housing provision. Two alternative interpretations of a right to housing are suggested, each related to a certain logic of housing provision. In a selective housing policy, the state provides a 'protected' complement to the general housing market, and the right to housing implies some legalistic minimum rights for households of lesser means. In a universal housing policy, the state provides correctives to the general housing market in order to make housing available to all types of households, and the right to housing is best seen as a social right in Marshall's meaning of an obligation of the state towards society as a whole. The concepts of 'universal' and 'selective' may be applied to either the political discourse or the social outcome of policies. Furthermore, they may refer to different political levels (e.g. welfare state level, sector level, and policy instrument level). If the dichotomy is not specified in those two respects, the distinction between a universal and a selective policy will always be seriously blurred.     

Cross-border influences or parallel developments? A process-tracing approach to the development of social conservatism in Canada and the US

ABSTRACT

Social conservatism emerged in the 1960s in both Canada and the US as a variety of conservatism that emphasized opposition to feminism, liberalized abortion access, and the expansion of gay rights as critical political issues. Adopting Freeden’s framework for ideology analysis, the article examines how social conservatism differed from other varieties of conservatism when it emerged and how it evolved within religious institutions, social movements and political parties in the two countries. It then illustrates that adding a Multiple Streams Analysis approach and process tracing methodology (developed by scholars of public policy) allows for an improved engagement with two ‘how’ questions important to understanding social conservatism particularly and ideology more generally: how to trace the evolution of an ideology without a clear core of concepts or texts? and, how has Canadian social conservatism been influenced by its American counterpart? Offering short overviews of developments in the two countries, it deploys this framework to argue that American social conservatism directly influenced Canadian social movements and religious communities but not political parties. American social conservatism can, though, be shown to have an important indirect influence on Canadian politicians.     

Assumptions within Policy: A Case Study of Information Communications and Technology Policy

The deeply embedded nature of dominant assumptions creates an accepted language and way of thinking about ICT, leaving little space for alternative perspectives and ideologies. Policy directions link information technology, the information economy, innovation, competition and global markets. Innovation and information and communications technology constructs a particular application of innovation and directs funding accordingly. Given that policy is about how we categorise, about naming and naming shapes action, the question is what lenses do policy makers use to make choices in their synthesis of social, political and economic life? Using the Australian Information Communications and Technology (ICT) policy as a case study, this article will argue that policy reflects the economic, social and political ideologies of the decision makers. Despite opportunities for input into policy multiple perspectives are limited. Specifically the article looks at claims around consultation, the assumption that the information economy will benefit all Australians, the development of framework conditions for the information economy and the role of government.     

Political Science Perspectives on Human Rights

This special issue of Human Rights Review is devoted to an exploration of the current human rights research agendas within the political science discipline. Research on human rights is truly an interdisciplinary quest in which various epistemologies can contribute to each other and form a larger dialogue concerning rights and wrongs. This special issue is devoted to an expansive understanding of the state of research on human rights in the political science discipline. One common theme throughout these contributions is the need for a more nuanced conceptualization of human rights, tools to promote these rights and as social scientists, methodologies employed to study these rights. A second theme is the policy relevance that can be derived from our empirical analysis. This volume demonstrates that the integration of theoretically and normatively rich concepts, empirical social science, and policy relevance do not have to be mutually exclusive when studying human rights.     

Human Rights Culture: Solidarity,Diversity and the Right to be Different

The concept of a human rights culture has been crucial to the incorporation of the European Convention of Human Rights into UK law. In this paper media and activist representations of human rights for lesbian, gay, bisexual and transgender human rights are considered as indicative of an emerging human rights culture, especially around the Civil Partnerships Act 2004. A typology of representations of rights is developed and discussed. It is concluded that insofar as there is an emerging human rights culture, it is one that is concerned above all with creating and maintaining civic relationships rather than with the assertion of individual liberty, and as inviting political compromise rather than a principled stance on universal human rights.     

Civil Society Actors and EU Fundamental Rights Policy: Opportunities and Challenges

This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery both at the EU and Member State levels, and assesses their effectiveness. It describes several factors that hinder the implementation of EU fundamental rights policy and reviews the strategies of civil society to overcome them. It highlights the reluctance of parts of public opinion to combat ethnic prejudice, considers reactions against what at a time of crisis is perceived as a costly project of social regulation, and examines civil society responses. The data sources consist of interviews with bureaucratic and civil society actors at EU level.     

现代美国种族矛盾和冲突述论

美国反种族歧视斗争长期以来一直是该国社会运动的一个重要组成部分。由于美国黑人及其他有色人种在政治、经济等各个方面存在着严重的不平等现象 ,使得他们在政治权利、经济利益上与白人的差距加大。 80年代以来 ,美国的民权运动进一步发展 ,种族斗争的规模超过 70年代 ,并出现了数次具有全国性的暴力行动 ,对美国社会产生了深刻影响。种族歧视长期以来之所以一直得不到解决 ,其根源在于美国社会长期存在的白人种族主义 ,美国政府对这一社会问题措施不力也是问题的症结所在     

Does social spending add substance to formal rights?

This article examines the effects of social spending on political participation and various forms of collective action conditioned on a state's level of respect for empowerment rights. It brings the language of rights to the more well-developed comparative study of voter turnout. I theorize that a state which spends more on social initiatives drives down economic and social barriers between individuals and the polls or participating in collective action. This increases the substantive use of rights guaranteed formally by the state. I find that spending helps most where rights are already respected. I also find that spending can negatively impact participatory democracy where these rights are less well established. Ultimately, I conclude that institutional strength has a greater effect on the substantive use of rights than social spending.     

Development law: Squaring the circle, advancing human rights in Africa

Development law is an ethos-driven law reform paradigm that examines conditions from within the country and provides a frame of reference in which to evaluate the legal regime in the political, economic, social and cultural context. Moreover, development law provides a fresh approach to assessing existing national laws effectiveness generally; it assesses whether modifications are required to promote economic, political, and social progress, including protecting the rights of minority ethnic groups and disenfranchised peoples. By protecting rights, law can be an instrument of social development and will not be alien to large segments of the population. Development law as a paradigm is the result of decision making within the country after careful examination by trained professionals whose sole interest is political, economical, social, cultural and national development. The enactment of laws and integration of customary norms that are embraced by the ruling authority, political elites, and other stake holders will best advance human rights. I thank Professor Mary Wright for reviewing and providing helpful comments on a previous draft of this article.     

儒家道德权利与政治权利要义

作为社会身份和政治资格的人权在儒家“孔仁孟义”的思想体系中被表达为“内圣外王”之道,其在“修齐治平”的实现程序之中又以“公私之辨”和“义利之辨”标志出政治伦理原则和“以德限权”的社会治理特色。儒家以“公权利”揭示人的自然权利,以其公平性和自然性引申为人的道德权利;再以道德权利为基础推演出人的政治权利,而“私权力”则仅为政治权利的异化形式,其极端化的结果就是“以权谋私”,后者因其“侵害公权利”的实质,儒家的人提倡以“道德权利”加以限制,故称为“德治”。儒家的道德权利与政治权利不仅影响了中国社会的思想和制度传统,而且其思想特色通过“为人民服务”、“改革开放”、“三个代表”和“三为”等原则亦被创造性地运用于当代中国共产党人的治国理政事业之中。     

Treating Poorly Healed Wounds: Partisan Choices and Human Rights Policies in Latin America

Despite the common trauma of systematic human rights violations under military rule, Argentina, Chile, and Uruguay have responded in markedly different ways to their troubling pasts. This paper explains differences in human rights policies over time and across countries by looking at varying domestic conditions, including the ideological orientation of the governing party and the structure of party competition, as well as constraints and opportunities presented by external events. Government support for human rights derives in part from ideological proclivity but even more from the ability to build popular support for such a policy. Conservative and center-right politicians lack credibility among voters on human rights and therefore have little political incentive to adopt an activist stance on this issue. Leftist politicians are ideologically predisposed toward championing human rights but may be hamstrung by concerns about alienating centrist voters. Leftist politicians will only come out strongly in favor of human rights when they enjoy a clear political majority; leftist leaders who rely upon centrist allies will adopt a low-profile approach to human rights. Conversely, centrist political leaders who rely upon leftist allies have a strong political incentive to emphasize human rights. Once political momentum begins to shift to the right, however, centrist politicians will downplay human rights. Finally, external events may significantly alter national discourse on human rights, allowing cautious governments to gain political cover for more progressive human rights policy. By drawing attention to the important role of ideology and the structure of party competition, this paper offers a more complete explanation of the sources of human rights policy. It also provides a novel perspective on the ways in which external and international influences are filtered through national political systems.     

Competing masculinities: Probing political disputes as acts of violence against women from Southern Sudan and Darfur

This article identifies the major forces militating against the promotion of women's rights in the Sudan. These factors are intimately linked to the country's multiple political disputes including Darfur and southern Sudan. The effects of political violence is elaborated through a detailed examination of women’s political, economic and cultural rights. The article concludes by identifying the promotion of good governance and democratization as fundamental pre-requisites for advancing human rights and sustainable peace in the war-torn nation. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each state, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. The University Declaration of Human Rights (Article 22)     

Sanctioning Liberal Democracies

This article examines when economic sanctions should be imposed on liberal democracies that violate democratic norms. The argument is made from the social-liberal standpoint, which recognises the moral status of political communities. While social liberals rarely refer to the use of economic sanctions as a pressure tool, by examining why they restrict military intervention and economic aid to cases of massive human rights violations or acute humanitarian need, the article is able to show why they are likely to impose strong restrictions on the use of economic sanctions as well. After reconstructing the social-liberal case against economic sanctions, the article develops the argument that liberal democracies have reasons to support sanctions on other liberal democracies, even when they perpetrate injustices on a smaller scale. Liberal democracies share especially strong ideological, cultural and institutional bonds, and these peer group relations open them to mutual influence. When one liberal democracy commits serious injustices while still proclaiming allegiance to the democratic ethos, it can adversely affect the vitality of the democratic culture in those other liberal democracies with which it maintains close relations. Other liberal democracies therefore have the right and the obligation to condemn this behaviour, in order to preserve their allegiance to their values. The article defends the use of economic sanctions in light of some recent critiques, and concludes by providing an overall assessment of the factors which liberal democracies ought to take into account when they consider imposing economic sanctions on other liberal democracies.     

Advancing Human Rights Policy: Does Grassroots Mobilization and Community Dispute Resolution Matter? Insights from Chiapas,Mexico

This research examines the impact of grassroots organizing at the community level in Chiapas, Mexico, to address problems associated with human rights advocacy and implementation. Traditionally, the nation‐state has had the primary responsibility to address issues pertaining to human rights violations and the enforcement of international human rights principles and treaties. Local political struggles and acts of resistance by disenfranchised groups in Mexico offer insight to understand the impact of indigenous and other social movements in furthering human rights. Indigenous populations in the state of Chiapas use local community dispute resolution to contest the inadequacy of the state in responding to the problems that give rise to poverty, lack of human dignity, educational access, racial and ethnic discrimination, lack of political participation in government and the right to equality in economic, social, and political sectors. Drawing from research based on participant observations in Chiapas, Mexico, there is some evidence to suggest that since the 1994 EZLN (Zapatista National Liberation Army) uprising several micro‐level political and social movements have contested the power of the state through symbolic and pragmatic organizing efforts. These groups include, but are not limited to, nongovernmental organizations (NGOs), women's groups, and indigenous groups. After the Zapatista uprising, these groups were instrumental in making claims against the state through numerous activities: protests to end the war, the development of NGOs to observe human rights violations, civilian‐based Zapatista support groups (base de apoyo), peace camps, and open dialogue with the EZLN. I argue that collective mobilization in local communities serves both symbolic and pragmatic efforts in helping disenfranchised groups empower themselves to address economic, social, and political inequality. Local‐level activism has fueled a sense of self‐empowerment to change state institutional responses and to involve sectors of civil society domestically and internationally to initiate a proper resolution of issues that are fundamentally related to human rights.     

Justifying grounds for multicultural policies in Korea: universal human rights versus benefits of diversity

Multicultural policies often deviate from the principle of equal opportunity since it assumes exclusive policy target groups with extra budget and appropriate organization. If this is so, by what rationale can multicultural policies be justified? Why should we accept such unequal treatment as a procedural method to achieve a more equal society as the final goal? This paper examines justifying logic for multicultural policies that inevitably have an arbitrary aspect of state intervention. This paper first differentiates two kinds of logic, namely universal human rights and the benefits of diversity, which provide supporting rationale for the implementation of multicultural policies. We can witness from the US history that the benefits of diversity have increasingly become the main logic justifying affirmative action instead of liberal discussions on social justice and universal human rights of the 1960s. Korea also shows such a shift towards a utilitarian justification which has focused heavily on the benefits of diversity. However, the utilitarian rationalization for multicultural transition can be easily withdrawn when the benefits of ethnic, cultural, and religious diversity disappear, suddenly leading to unexpected discriminatory situations. In this context, this paper argues that discussion of normative justification is required, and such discussions need to be internalized among the citizens of a political community.     

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.