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)     

Social Citizenship in China: Continuity and Change

A fundamental feature of Chinese social citizenship is the demarcation between the rural population and the urban population. Entitlement to income security and welfare provision has been exclusively a right of city dwellers. However, as economic reform progresses, the socialist welfare system has become unable to provide adequate protection. Welfare reform intends to widen the social security net, yet it has inadvertently exacerbated social inequality. In the meantime, the inferior social position of the peasantry has worsened as an effect of continued state bias, heightened tax and fee burdens, and the expropriation of farmland for development. In light of the intrusion on their rights and interests, more and more Chinese citizens have taken to protesting to voice their discontent.     

Territorial rights and open borders

Territorial rights consist of the right to jurisdiction, the right to resources and the right to exclude immigrants and are assumed to be essential to state sovereignty. Scholars who have discussed the justification of these rights have mostly focused on the right to jurisdiction. Few engage with the implications of such justification for the right to exclude immigrants. This paper argues that the justification for territorial rights cannot justify the right of states to exclude immigrants. Allowing immigrants to settle within the territory does not undermine any of the interests territorial rights are meant to protect. In addition, the interests of current inhabitants do not provide sufficient reasons to grant the state the right to exclude immigrants from the territory that everyone has equal right to in an original situation. State sovereignty is therefore seen as compatible with open borders.     

Rights,review, and spending: Policy outcomes with judicially enforceable rights

Abstract. This paper posits that countries with a constitutional right to social security that can be enforced by courts via judicial review will show patterns of spending on social security that are distinct from countries with other constitutional and judicial arrangements. Governments in countries with enforceable rights will be constrained to spend more on transfer programs to avoid censure from the courts. The hypotheses are tested using data from 22 OECD countries using time–series cross–section analysis. The results show that enforceable rights are associated with higher growth rates in social security spending and lower fluctuation in expenditures on social programs, although the amount of GDP spent on social transfers is unaffected by rights. These results are consistent with the idea that governments' spending habits are constrained by positive rights, but rebut the argument that rights lead to economic distortions.     

The Right to Have Rights as a Right to Enter: Addressing a Lacuna in the International Refugee Protection Regime

This paper draws upon Hannah Arendt's idea of the 'right to have rights' to critique the current protection gap faced by refugees today. While refugees are protected from refoulement once they make it to the jurisdiction or territory of a state, they face an ever-increasing array of non-entrée policies designed to stymie access to state territory. Without being able to enter a state capable of securing their claims to safety and dignity, refugees cannot achieve the rights which ought to be afforded to them under international law. Drawing upon both legal theory and political philosophy, this paper argues that refugees today, just as the stateless in Arendt’s time, must be afforded the ‘right to have rights’, understood as a right to enter state territory.     

Constraining war: Human security and the Human right to peace

Conclusion The explicit articulation of a cosmopolitan conception of human security and a corresponding right to peace is a positive development in global politics, inasmuch as it decenters the state in our understanding of the human community and delegitimizes organized violence as the generally accepted means for the “continuation” of realist politics. I have argued that just war theory, when defined in suitably narrow fashion, helps to contribute to our thinking on issues of human security in several ways. First, it provides a stringent normative framework for a reasonable humanitarian justification of the resort to force. Second, it enables us to conceptualize significant moral and legal constraints on war and thus on the powers of states to wage war, thereby displacing the use of force from the statist paradigm of security. Third, it contributes to the delegitimation of unjust wars, that is, military actions undertaken for any purposes other than human security. Fourth, insofar as it provides a justificatory basis for the increasing demilitarization of society, it may influence the progressive and just pacification of global politics. As long as the types of human wrongs that present the gravest threats to human security continue to haunt the global community, there remains a need to be able to respond effectively so as to protect the rights and well-being of individuals. This need poses a genuine dilemma for humanitarian morality and politics, insofar as many of the military capabilities required to defend and to aid vulnerable persons can also be the source of threats to human life and welfare. Yet the existence of this dilemma need not lead us either to apathy or to cynicism. The nexus of human security, the right to peace, and just war theory offers a resolution to the traditional security dilemma by challenging the realist rationale for aggressive militarism, and by supporting the emergence of global security structures and processes guided by the humanitarian norms of just peace. *** DIRECT SUPPORT *** A28BB021 00002     

Security,Flexible Sovereignty,and the Perils of Multiple Citizenship

In this paper we unpack the concept of dual citizenship in relation to the meaning of sovereignty claims in situations of political exception. We take up two contending analytical frameworks to examine dual citizenship. The first framework examines dual citizenship as a human right, and makes liberal legal arguments about the increased rights and privileges afforded to dual citizens. The second framework, which we develop here, examines dual citizenship as a form of hierarchical citizenship, whose genealogy owes substantially to orientalist mythologies, and whose technologies of governance work through securitized state policies and practices of flexible sovereignty. As a form of hierarchical citizenship, dual nationality produces hyphenated citizenships that exist on a transnational plane, yet are always rooted in relations among particular nation-states. Some of the recent cases of extraordinary rendition, detention, and torture of dual national men of Muslim and Arab background will be discussed to illuminate the securitization and racialization of diplomatic protection. While citizenship is not a standard set of rights available to all, the cases we examine reveal that dual citizens with “dangerous” nationalities caught up within the post-9/11 security paradigm may find themselves as unprotected persons, existing in a vacuum devoid of diplomatic protection, human and citizenship rights.     

Participation of the elderly in sociocultural life: human rights and inclusive practices under residential care

Although there is a growing tendency in academic literature to explore the rights of the elderly, the sociocultural dimension of well‐being of the elderly under residential care has not as yet been extensively conceptualized. This is why from the perspective of international human rights law, this article deals with the issues of implementing sociocultural rights of the elderly under residential care. The author analyses legal grounds justifying the existence of state obligations to implement sociocultural rights of the elderly within the institutions. Possible limitations of these rights are scrutinized. Investigating the issue of state obligations to implement the rights of the elderly to participate in sociocultural life within the institutions, the author refers to legal experiences of Finland. Examining whether Finnish statutory law is sensitive to sociocultural rights of the elderly under residential care, the author analyses the legislation of Finland and reports the materials of Finland, submitted to the European Committee on Social Rights. Prior to this, the author attempts to establish whether such a right as the right of the elderly to participate in sociocultural life has emerged in international human rights law. Copyright © 2014 John Wiley & Sons, Ltd.     

Deaths While under Probation Supervision: What Role for Human Rights Legislation?

Article 3 of the Universal Declaration of Human Rights (UDHR) states that ‘everyone has the right to life’. This right is contained in all human rights treaties that developed from the UDHR, including the European Convention on Human Rights (ECHR). Yet, as we argue, the UK government is failing to protect this right when it comes to certain groups of people under probation supervision. To date, human rights legislation has failed adequately to protect these vulnerable individuals and to hold the state to account. This article explores the greater potential for using human rights legislation to ensure better accountability in this area.     

民生权适用中的核心问题研究--由排除妨害纠纷案件引发的思考

在社会发展的过程中,民生保障始终是重要的社会任务。近年来,民生权作为一项新型权利被提出后,在理论界和实务界都受到了一定关注。然而,由于民生权保护的利益并不同于具体的法律权利和宪法权利,因此当民生权作为一项具体权利在适用过程中,就会面临权利定性、权利行使范围以及义务责任主体等方面的具体问题。对于民生权的性质并不应当片面理解为一种宪法权利,更不是一项部门法上的单独权利,它的运行和落实需要通过与部门法规则的衔接来实现,对民生权的适用需要加以相应限制条件,并应明确国家是民生权当然的义务主体,法人、其他组织在有规定的情况下也会承担相应的民生权义务,而个人决不能被认定为民生权义务主体,否则就会造成民生权滥用和法律规则适用的混乱。     

Self-determination as a universal human right

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. However, many recent international human rights documents include rights of peoples in their lists of basic human rights. In this paper, I defend including at least one people’s right, the right to self-determination, in the list of basic rights. Recognizing that self-determination is a constitutive element of human dignity casts state sovereignty in a different light, with interesting consequences both for international law and for philosophical debates about the rights of minorities.     

Is the state social or the computer inhuman? Claims for state support and citizenship in post-socialist Georgia

In the discussions of citizenship in post-socialist Georgia, the topic of social entitlements predominates. Soviet social citizenship, which granted the full range of social rights, significantly shaped the people's current expectations of social rights in Georgia. In order to address the external and internal pressure for poverty alleviation, the Georgian government started reforming the social support system of the country. The cornerstone of Georgia's current social policy is a new social assistance programme, the main principle of which is to provide social benefits to the poorest families as identified by an evaluation system. This paper explores the enactment of the ‘targeted social assistance’ (TSA) programme in a village in north-western Georgia. By participating in the TSA programme, Georgian citizens exercise social citizenship as a practice of bargaining for universal social rights that at present are not achievable for all as the state provides social security only to extremely needy families. The category of social citizenship described by T.H. Marshall helps us to understand the claims of Georgian citizens for state support. The discrepancy between social security and social citizenship causes people to misunderstand the goals of the TSA programme and this ultimately leads to dissatisfaction among Georgia's citizenry.     

Ethnicity Coding Revisited: Right‐Wing Parties as Catalysts for Mobilization Against Immigrant Welfare Rights

Ethnicity coding means that threat‐based views of ethnic minority members spur opposition to specific welfare programmes. To advance knowledge of the influence of political parties on ethnicity coding, we apply a dynamic approach. Longitudinal analyses show that: a) because right‐wing political parties persistently frame state pensions as benefitting native majority members, a perceived ethnic threat increases support for this welfare scheme, and b) a perceived ethnic threat reduces support for social assistance when right‐wing political parties frame it as favouring immigrants. Extending these findings, we show that opposition to immigrant welfare rights prompts electoral realignment, as left‐wing voters increasingly switch to right‐wing parties. More generally, political parties are capable of stimulating opposition to parts of the welfare state, including electoral mobilization against immigrant welfare rights. We utilize unusually rich mass‐level survey data from Denmark, covering a 25‐year period (1990?2015). The broader implications of our findings for theories of ethnicity coding, political elite persuasion, and welfare state development are discussed in the conclusion.     

网络空间政治安全的国家责任与国家治理

在国家治理现代化进程中,网络空间政治安全治理是主权国家必须担负的政治责任和时代使命,也是必须履行的政治义务,它体现着主权国家的现代治理能力。事实上,在网络化、信息化、技术化和全球化时代,网络空间国家政治安全已经发生了很多不同于物理时空环境中的变化。这是建构网络空间政治安全观以及国家治理责任的根本前提。在此前提下,网络空间政治安全观以及国家治理责任的建构,还需要以网络空间中技术环境、政治权力与政治权利的结构与配置、各政治主体的利益诉求与表达以及心理认知等为核心要素。因此,网络空间政治安全的国家治理应从两个方面进行:即在物理层面上,国家对于网络和通讯通信基础设施的保障和创新;在治理层面上,国家应从网络空间政治安全的制度化能力、控制能力和控制智慧、国家认同与国家合法性以及治理体系建构能力等方面理性、科学、协同地维护和捍卫网络空间政治安全。     

Courts and the politics of secrecy: national security,human rights and the importance of supranational oversight

Abstract

The article examines the use of state secrecy in court litigation concerning alleged gross human rights violations committed in the struggle against terrorism, focusing specifically on cases of extraordinary rendition and comparing the performance of courts in the United States, in Italy and the European Court of Human Rights (ECtHR). The article explains that national courts have validated the assertion by national governments of the state secret privilege in litigation involving cases of extraordinary rendition, ensuring de facto immunity to individuals involved in gross human rights abuses. On the contrary, it underlines that the ECtHR has pierced the veil covering these ‘deep secrets’, undertaking a strict scrutiny of acts of extraordinary rendition to torture committed by governments in the name of national security. As the article argues, the success of the ECtHR can be explained by a number of reasons, including distance, time and institutional design. In conclusion, the case law of the ECtHR on secrecy and national security confirms the continuing importance of supranational courts as instruments of external oversight on the human rights practice of European states.     

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.     

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.     

Making claims for migrant workers: human rights and citizenship

Migrant workers claims for greater protection in a globalized world are typically expressed either in the idiom of international human rights or citizenship. Instead of contrasting these two normative frames, the paper explores the extent to which human rights and citizenship discourses intersect when it comes to claims by migrant workers. An analysis of the international human and labour rights instruments that are specifically designed for migrant workers reveals how neither discourse questions the assumption of territorial state sovereignty. Drawing upon sociological and political approaches to human rights claims, I evaluate the Arendtian-inspired critique of international human rights, which is that they ignore the very basis ‘right to have rights’. In doing so, I discuss the different dimensions of citizenship and conclude that international rights can be used by migrant workers to assert right claims that reinforce a conception of citizenship that, although different from national citizenship, has the potential to address their distinctive social location.     

Ageing with Dignity: Old-Age Pension Schemes from the Perspective of the Right to Social Security Under ICESCR

The ‘dignity and worth of the human person’ emphasised in international human rights instruments resonate strongly in relation to the world’s ageing population, which is projected to be the fastest growing population group in the world and often among the most vulnerable. While elderly persons as a group are heterogeneous and their socio-economic life situation varies significantly between individuals, the need for universal support mechanisms such as non-contributory old-age benefits have been recognised by many states, and currently, over 100 countries around the world provide some form of social pension targeted towards the elderly populations. This article appraises a sample of these old-age pension schemes from the perspective of the right to social security, with particular emphasis on the dignity and worth of the human person as espoused within the international human rights regime.     

The right to exclude

Many contemporary theories of immigration begin with the idea that we obtain the right to exclude, because there are some goods that can be produced only within bounded societies. I believe these views to be mistaken, both ethically and empirically. More plausible accounts of the right to exclude begin with the idea that individuals have rights, in virtue of their moral rights of association or of property, to avoid admitting foreigners into their societies. I believe these accounts have to be amended to make reference to the juridical nature of the modern state. My own view is that the right to exclude is grounded in the right to avoid becoming the agent charged with the defense of another’s human rights – unless there is some independent moral reason one ought to become so charged. This account is able to ground the right to exclude, but does not justify the ways in which modern states employ that putative right.