Raz on Rights: Human Rights,Fundamental Rights,and Balancing

After clarifying the outlines of Raz's interest theory of rights and its relationship to aspects of the principles theory of rights, I consider how his recent observations on human rights manage to fit (or fail to fit) into the interest theory. I then address two questions. First, I elaborate on Raz's definition of morally fundamental rights, arguing that he is right in claiming that there are no such rights. I then show that the interest theory accommodates the notion that rights may take qualitative precedence over conflicting considerations—a question that has become increasingly relevant in light of recent writing on rights.     

Queer kinship practices in non-western contexts: French Polynesia's gender-variant parents and the law of La République

French Polynesia is an overseas collectivity of France whose kinship practices accommodate transgender parenting through the involvement of gender-variant (mahu) people in childrearing, including as adoptive parents in customary (faamu) adoption. While the existence and visibility of gender-variant people in French Polynesia is well documented, there is no literature on their involvement in parenting, reflecting a more general dearth of research on LGBT parenting in non-Western contexts. Drawing on the author's fieldwork in French Polynesia, this article fills this gap. The article also discusses the negative implications of France's ambivalence towards LGBT parenting for French Polynesian gender-variant parents and the children they raise.