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.     

Ideals of human rights and socioeconomic realities: The larger context of Pakistan's child-protection policy

After 25 years of the adoption of the United Nations Convention on the Rights of the Child, millions of children still have their fundamental rights violated every day. It is argued in this article that the realization of the rights of these children is heavily influenced by the socioeconomic context of their countries. Taking Pakistan's child protection policy as a case, the argument is built on primary data collected from in-depth interviews with policymakers. Data analysis revealed that the Pakistani policymakers do consider socioeconomic factors, such as poverty, as a causative factor for various child protection issues, and believe that an increased level of socioeconomic development would improve protection and well-being of all children in that country. However, they lacked an appreciation of the interdependent relationship between children's broader socioeconomic environment and their right to protection in terms of policy responses to various child protection issues.     

Political rights,republican freedom,and temporary workers

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.     

Intergovernmental Political Competition in American Federalism

Many policies in the United States are jointly determined by federal and state actions. In the game theoretic model offered here, politicians in both the state and national governments seek credit for providing goods desired by the public and avoid blame for the taxes necessary to provide the goods. In line with Peterson's (1995) theory of functional federalism, the level of government that is better able to supply particular goods and services tends to take the lead in their provision, even to the extent of fully crowding out much less efficient governments. However, under a broad set of circumstances, both state and national politicians seek credit via public spending, and their joint provision leads to a relative "oversupply" of public goods and services, and thus to "overtaxation." Under joint provision, states vary in their responses to changing federal spending patterns based both on the causes of the national changes and on state characteristics .     

Environmental human rights and intergenerational justice

What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues foundational to such a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as “emergent” goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, and how can environmental human rights be included in justice distributions?     

The war novel and human rights

The war novel, a distinct genre of fiction, has typically been read as a type of humanitarian narrative. This article explains how the war novel participates in humanitarian discourse but also has another role to play that addresses human rights more specifically. In the effort to identify accountability, war novels explore complex historical events and offer us important insights on the challenges of historical narration more broadly. Furthermore, in offering explanations for “who?” and “why?,” war novels model how we can approach the complex history of conflict for human rights. To illustrate how accountability is a central theme of war fiction, the essay turns to examples of novels about the Vietnam War.