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1.
Christina Gabriel 《Citizenship Studies》2014,18(3-4):243-258
Every year thousands of Mexicans travel to Canada to work in Canadian fields and greenhouses under the Mexico-Canada Seasonal Agricultural Worker Program. While the programme is often praised, it has also been the subject of persistent criticism about its failure to meet certain human rights standards. In this article, we examine the legal strategies civil society advocates of migrant workers have adopted to promote migrant workers' rights in Canada. Specifically, we examine legal struggles undertaken by the United Food and Commercial Workers union to challenge Ontario government legislation that does not permit collective bargaining by farmworkers in the province. We argue that this case demonstrates that despite the fact that many of the workers involved are transnationalized, appeals to international bodies or to international human rights standards have been of limited utility in promoting their rights. Despite frequent arguments about the increased relevance of international human rights and citizenship norms and transnational human rights advocacy, in this case the national and sub-national scales remain predominant. The result, we argue, is a form of ‘domestic transnationalism’, in which domestic political actors engage in advocacy within domestic legal institutions to promote the rights of a transnational mobile labour force. 相似文献
2.
International human rights treaties and declarations lay out the interconnection of civil and political rights with economic,
social, and cultural rights. However, it was not until 1993 at the 2nd UN Conference on Human Rights in Vienna that governments agreed that all of women’s rights are an integral part of human
rights. Promoting women’s economic, social, and cultural rights is a critical human rights advocacy issue. Poverty leaves
women more exposed to violence and less able to escape it, and severely restricts women’s ability to organize and fight for
change. The article describes work by AI and other NGOs on violence against women and its connection with women's poverty
and lack of education, healthcare, housing, and access to land in Africa. Besides the burgeoning of African women’s organizations
calling for protection of all women’s human rights, a second hopeful development has been approval in July 2003 of an historic
Protocol on the Rights of women in Africa. 相似文献
3.
An important test of the progress of development management is its contribution to human rights, especially in transition economies. This article explores the failure to protect the rights of the Roma child in Romania, who are particularly vulnerable to abandonment and institutionalisation. 2008 witnessed the 60th anniversary of the Universal Declaration of Human Rights and several other related celebrations. Nevertheless, within EU borders, minority populations can still lead dismal lives. It is argued that although both the EU and the Romanian government made the Roma's social inclusion a top priority, they failed to bring about substantial improvement. The first contribution of the article is to reinforce the trend within development management of linking policy implementation to the specific needs of the local context. Contemporary policy reports and early empirical results from an exploratory study in Galati, mainly in the area of education, suggest several inter‐related causes of poor implementation, including the national political context, specific issues affecting the Roma and local implementation capacity. The second contribution suggests that ideas from business and management, specifically the notion of organisational receptivity to change, could increase the pace of change. Receptivity provides a framework for understanding local issues and how to manage them. Copyright © 2010 John Wiley & Sons, Ltd. 相似文献
4.
Shareen Hertel 《Human Rights Review》2005,6(3):102-118
This article challenges key aspects of theories on norms evolution, transnational advocacy, and social movements. It demonstrates
that the “emergence” phase of the “norms life cycle” model (Finnemore and Sikkink 1998) is more internally contested than
currently interpreted. It develops two alternatives to the “boomerang” model of transnational advocacy (Keck and Sikkink 1998).
It highlights and explains differences—rather than similarities—in the framing strategies of actors involved in globalized
protests. It explores the influence of several key “microsociological factors” (Giugni 2002) on the evolution of those stragegies.
Empirically the article focuses on the World Trade Organization's Third Ministerial meeting at Seattle in 1999. It analyzes
why and how social movement actors framed different interpretations of the human rights at stake in the context of international
trade. Framing innovations may have had short-term strategic value at Seattle, but did not lead to a unified understanding
of human rights, either among activists themselves or among the government and corporate actors they sought to influence through
protest. 相似文献
5.
Carlo Invernizzi-Accetti 《Journal of Human Rights》2018,17(2):215-228
This article examines the conceptual relationship between legal positivism and human rights, challenging the common idea that the two are in tension or that there exists, at most, a contingent relationship between them, whereby legal positivists can only recognize the normative validity of human rights if they happen to be inscribed in positive law. To do this, I focus on the thought and writings of one of the “founding fathers” of modern legal positivism: the Austrian legal theorist and political philosopher Hans Kelsen. In the first part, I show that Kelsen's conception of legal positivism is inextricably tied to — and, indeed, logically stems from — his moral relativism. In the second, I show that this form of relativism is also the philosophical foundation for Kelsen's commitment to democracy and human rights. Finally, in the third part, I examine the specific conception of human rights that results from this relativistic foundation, contrasting it with the “natural law” version that legal positivism excludes. 相似文献
6.
Brooke Ackerly 《Human Rights Review》2011,12(2):221-239
Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity),
human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,”
the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal
human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning of “human rights”
implies a corresponding theory of change and through that can be an important guide to the practice of human rights activists
and their funders. In practice, any organization can describe their work as “rights based.” This article clarifies the practices
of human rights activists and their funders that are consistent with a theory of human rights as (1) universal, (2) interdependent
across groups and categories of people, (3) indivisible across issue areas and claims, and (4) measured by the enjoyment of
rights. 相似文献
7.
This essay engages with several critiques of my project a ‘cosmopolitanism without illusions.’ Who is the subject of rights? What are the objects of rights? Is there a distinction between human and moral rights? Furthermore, what is prior in this cosmopolitan account: democracy or human rights? Do democratic iterations exhaust the meaning of principles of rights? Finally, does the ‘scarf affair’ really signify the return of ‘political theology’ or have not such disputes always accompanied secularization and modernity? I argue that moral rights comprise more than human rights and that non-human beings such as animals can have moral rights claims against us. Democratic iterations and rights complement one another; neither is prior and that although debates about religion and secularization have been endemic to modernity, the return of references to Carl Schmitt’s ‘political theology’ is rather new. 相似文献
8.
《Journal of Intervention and Statebuilding》2013,7(4):387-406
Abstract With the rise of China and Russia, the international system is poised to shift from unipolarity to multipolarity. This article argues that this structural reconfiguration will have—and is having—a profound effect on the future efficacy of the responsibility to protect (R2P). The rise of R2P, we argue, must be situated in the context of the end of the Cold War and the ‘unipolar moment’ this heralded. The efficacy of R2P is predicated on the assumption that moral advocacy can influence liberal democracies to re-orientate their foreign policy priorities towards human rights protection. We argue that the emerging multipolarity will expose the temporal specificity of this strategy and, ultimately, weaken the influence of R2P. 相似文献
9.
Anthony J. Langlois 《Human Rights Review》2005,6(2):5-24
Conclusion In his book, World Poverty and Human Rights, Pogge sets out to articulate an approach to basic justice that is inversal and cosmopolitan. This notion of justice is to
be articulated through the language of human rights. Pogge’s arguments about justice, moral universalism and cosmopolitanism
are impressive and reward serious study. It is to be hoped. indeed, that many aspects of his argument might be adopted by
the elite ruling classes of world politics; they have much to offer in the project of creating a world that is humane for
all.
The issues that I have raised in the foregoing argument however are central to the integrity of Pogge’s project. I have argued,
in sum that it is not possible to advance a program for the expansion of justice and the implementation of human rights in
world politics without making an appeal to a specific account of the nature of justice and of human rights. The account that
informs Pogge’s argument is that of political liberalism, and this is an account that has much in its favor as a preferred
vehicle for justice in world politics. However, this account makes itself vulnerable when it argues for universal principles
without acknowledging their partisan and normative base. My argument has been that this issue is at the center of Pogge’s
attempt to isolate the conception of human rights he explicates, which he wants to serve as the language for his global ethical
universalism, from the ontological affirmations which make that conception of human rights possible, and which of necessity
tie human rights to a specific conception of the nature of the good for human persons and groups. The attempt to establish
a single, universal criterion of justice, and to express it in the language of human rights, is undermined from within for
as long as it fails to engage with ontological concerns. 相似文献
10.
Carlo Ruzza 《Human Rights Review》2014,15(1):65-81
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. 相似文献
11.
Heidi Nichols Haddad 《Human Rights Review》2011,12(1):109-132
Widespread and systematic rape pervaded both the genocides in Bosnia–Herzegovina in 1992 and in Rwanda in 1994. In response to these conflicts, the Yugoslav Tribunal (ICTY) and the Rwandan Tribunal (ICTR) were created and charged with meting justice for crimes committed, including rape. Nevertheless, the two tribunals differ in their relative success in administering justice for crimes of rape. Addressing rape has been a consistent element of the ICTY prosecution strategy, which resulted in gender-sensitive investigative procedures, higher frequencies of rape indictments, and more successful prosecutions. In contrast, rape has not been a central focus of the ICTR prosecution strategy, which resulted in a sporadic approach to gender-sensitive investigative procedures, inconsistent rape indictments, and few successful prosecutions. What accounts for this disparity in rape prosecutions between the Rwandan and Yugoslav tribunals? Building off the existing literature that discusses factors such as legal instruments and resource capacity of the tribunal, this article argues that transnational advocacy helped generate the necessary political will to adopt and implement legal norms regarding crimes of sexual violence at the ICTY and the ICTR. Following the importance of transnational advocacy as agents of norm change, this paper also explores the antecedent conditions of advocacy mobilization that conditioned different levels of mobilization vis-à-vis the ICTY and the ICTR, including media attention and framing, connections and interest match with local groups, and geopolitical context. 相似文献
12.
John P. Clark 《Human Rights Review》2009,10(4):583-604
In Frontiers of Justice, Martha Nussbaum applies the “Capabilities Approach,” which she calls “one species of a human rights approach,” to justice
issues that have in her view been inadequately addressed in liberal political theory. These issues include rights of the disabled,
rights that transcend national borders, and animal rights issues. She demonstrates the weakness of Rawlsianism, contractualism
in general, and much of the Kantian tradition in moral philosophy and shows the need to move beyond the limitations of narrow
rationalism, nationalism, and speciesism. Nevertheless, Nussbaum fails to elaborate adequately the grounds for her own capabilities
position or to face fundamental theoretical questions about the nature and implications of that position. 相似文献
13.
Transitional justice is about the recovery of the rule of lawand justice after mass violence. In the recent history of Argentinaand South Africa, human rights politics have played an importantrole in the transition from repression to democracy as a discourseof resistance to state repression and as a framework and methodologyfor the successor state to manage demands for justice and promotereconciliation. Post-transition, they have provided a standardfor the accountability of state institutions and evaluationof the democratic government's performance. In this article,we explore the roles of victims, survivors and relatives inthe expansion of human rights politics. We argue that victimsrepresent their suffering as embodied injustice and make theirvictim identity the focus of efforts to recover a moral contractbetween state and citizens. The expansion of human rights politicsto include social and economic rights is an expression of thelimits of transitional justice in recovering full citizenshipin the context of the neo-liberal democratic project in Argentinaand South Africa. 相似文献
14.
Rogaia Mustafa Abusharaf 《Human Rights Review》2006,7(2):59-74
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) 相似文献
15.
Samantha Balaton-Chrimes 《Citizenship Studies》2014,18(1):15-28
Statelessness as a legal and political problem has attracted increasing attention from scholars and international advocacy organisations in recent years. This attention has predominantly focussed on the legal aspects of statelessness, and has generally held the acquisition of citizenship documentation as the primary goal in remedying citizenship deprivation. This article explores the merits of this focus through a case study of the Nubians of Kenya, widely considered stateless until recently. The article connects the focus on citizenship as documented status to a liberal conception of citizenship. The article identifies the ways in which this approach is helpful, that is, as a means of pursuing legal status and possession of individual rights. It then goes on to identify more important ways in which a liberal conception of citizenship falls short of accounting for the Nubians' citizenship problems by neglecting the more collective dimensions of citizenship practice and recognition. 相似文献
16.
Jacob Lederman 《Citizenship Studies》2013,17(1):16-30
Drawing upon qualitative fieldwork, this paper analyzes the occupation of an abandoned park in the south of Buenos Aires by the city's urban poor, delineating the implications of this incident for notions of citizenship in the context of deeply fragmented social rights. While public space has historically been understood as an expression of the universality of rights bearing membership in a political community, I show how this universalism became the object of struggle during a conflict over the park between the local middle class and squatters, many of which were of immigrant origin. The discourses mobilized by various social groups blurred the distinction between citizenship as a set of legal–formal rights versus a project of normative inclusion. While public space is juridically constructed as universal, particularistic claims to these spaces are imbued with increased legitimacy in a context in which social rights – conceived as a set of provisions guaranteed by the state under a regime of liberal citizenship – are unrealizable. By claiming this space for particularistic uses, squatters drew attention to the contradictions embedded in public space's democratic pretensions in a setting in which putatively universal rights are ignored by the state. 相似文献
17.
Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions
to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied
to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but
for traditional moral and political philosophy it is something of a scandal. This paper is an attempt to understand and theorize
human rights on the terrain of the social actors who put them to use, particularly radical activists that have a more critical
relationship to human rights. Attempting to avoid the philosophical pathology of demanding that the world reflect our conception
of it, we base our reflection on the ambiguous, and potentially un-patterned, texture of human rights practice—taking seriously
the idea that human rights express a relationship of power, importantly concerned with its legitimate arrangement and limitation.
In both the philosophical literature and human rights activism, there seems to be a consensus on basic rights as undeniable
moral principles of political legitimacy. This use of human rights is contrasted with radical social movements that reject
this conception of rights as ideological and illegitimate, making specific reference to the Zapatista movement (Chiapas, Mexico)
and the Landless Peasant Movement of Brazil (MST, from the Portuguese Movimento dos trabalhadores rurais Sem Terra), which
are critical of the human rights discourse, but also make strategic use of the idea and offer alternative articulations of
political legitimacy. 相似文献
18.
Thomas Blom Hansen 《Citizenship Studies》2015,19(2):229-232
The idea of citizenship has today emerged as a global horizon under which a proliferating range of claims and demands for recognition, visibility, care, moral dignity, and inclusion are made. Initially a legal concept tied to self-determination and national sovereignty, the global human rights agenda has made citizenship less tied to the nation-state and instead a carrier of multiple cultural and political meanings and agendas from the global level to the most localized context. But can there be meaningful forms of citizenship that are not guaranteed by a sovereign state? 相似文献
19.
Irene Istiningsih Hadiprayitno 《Human Rights Review》2010,11(3):373-399
The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is
done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies
of human rights enforcement. The study has the effect of highlighting some of the immense deficits in ensuring that violations
are treated under judicial procedure and the protection of human rights is available and accessible for victims. The author
inevitably came into a conclusion that the openness of legal and political arenas for human rights discourses is not followed
with a tangible impact on the entitlement positions of the people. The problems of the weak institutions and the unenthusiastic
enforcement show that, in Indonesia, human rights are formally adopted as a political strategy to avoid substantial implementation. 相似文献
20.
Peter A. Mameli 《Human Rights Review》2001,2(2):93-112
Conclusions Australia and Thailand have made great progress in partnering with NGOs to respond to HIV/AIDS through the protection of human
rights. Unquestionably, the Australian experience is more advanced. However, it is important to note that Australia’s political
institutions and traditions were able to empower and accept an NGO movement of this nature almost from the start of disease
identification.Thailand did not have this advantage, having only moved toward political institutions that are open to public
opinion and civil society’s input within the last 15 years.
In spite of their varied histories, both countries eventually traveled down similar paths. In Australia, HIV/AIDS NGOs moved
rapidly forward from being standard-setting, fact-finding, and advocacy organizations to becoming capable of creating new
HIV/AIDS umbrella organizations and influencing existing governmental organizations on HIV/AIDS human rights issues. Indeed,
by the close of the 1980s, NGOs had established themselves firmly in all of these roles. The fact that Australia still struggles
with addressing an emerging epidemic among indigenous people is more a sign that the movement has thus far been incomplete
than that it is faltering or ineffective. Additionally, now that NGOs are actively working through AFAO on behalf of indigenous
peoples, it is likely that there will finally be more movement on human rights and H1V/AIDS issues for this group. However,
sex tourism and the illegal trafficking of women and children for purposes of prostitution continue to require ongoing proactive
management by the partnership before they become a serious epidemic threat.
Thailand’s situation is somewhat different from that of Australia. The HIV/AIDS NGO community has grown since the epidemic
exploded in the 1990s, but the organizations themselves continue to have limited power, While they have been an important
voice in human rights standard-setting, fact-finding and advocacy regarding HIV/AIDS, they remain unable to fully influence
the governmental organizations that ultimately make and implement human rights policies in these areas. As the NGO experience
in general is new to Thai politics, continuing human rights abuses are a sign of the miles left to travel on this road rather
than an indicator that the road needs to be abandoned.
Regardless of their differing experiences with creating HIV/AIDS partnerships, it is impossible to say that either effort
has failed to use this mechanism successfully to at least begin seriously addressing HIV/AIDS human rights issues. What can
be said is that each partnership can be placed at a differing point on a continuum of effectiveness that ultimately concludes
with a fully integrated partnership capable of fundamentally influencing a country’s HIV/AIDS human rights policies on an
ongoing basis. 相似文献