Do human rights offenders oppose human rights resolutions in the United Nations?

We investigate whether countries with poor human rights records oppose human rights resolutions in the United Nations General Assembly. An instrumental account of voting would suggest that these countries aim to weaken resolutions since they could be future targets of these policies. We estimate determinants of voting using 13,000 individual voting decisions from 1980 to 2002. Our results from ordered probit estimation show that a country??s human rights situation is irrelevant to voting behavior if regional dependence of voting is controlled for. The results also show that simple rules for aggregating voting choices can lead to misleading results.     

Who cares about human rights? Public opinion about human rights foreign policy

Literature on foreign aid and human rights often presupposes that constituents favor using foreign policy to promote human rights abroad and lead elected policymakers to pursue such policies to retain electoral support. This assumption, although frequently asserted, has not been empirically evaluated. And there are reasons to be skeptical about whether public opinion supports human rights foreign policy compared to other policy objectives. This article explores US public opinion about human rights, by asking two questions: Does the public think human rights should factor in foreign aid decisions and does the context—the strategic or economic relationship between the donor and recipient—affect this? This article uses results from a nationwide experimental survey to evaluate these questions. I find that the majority of respondents support cutting aid to punish human rights violators and that this depends minimally on the importance of the recipient.     

Rejecting “rights-based approaches” to development: Alternative engagements with human rights

Following the growth of “rights-based approaches,” an increasing trend within recent research has been to establish the diverse opportunities, challenges, and potential pitfalls such approaches offer development NGOs. Although these areas remain important to current policy and practice, they equally stifle further research that is required concerning alternative engagements with human rights. This article argues that closer attention must be directed towards understanding how and why numerous development NGOs have rejected such approaches, whilst also embedding a strong and strategic use of “rights talk” within everyday campaign practice. This article draws upon recent qualitative research into practitioner responses to “rights-based” and wider human rights practice and, in so doing, enlists an in-depth analysis of two distinct subcategories of development NGOs — “faith-based” and “political.” The article proposes two current “perspectives” on human rights practice and a new and alternative engagement with a discourse of rights.     

‘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.     

What comes first,democracy or human rights?

Minimalists about human rights hold that a state can have political legitimacy if it protects a basic list of rights and democratic rights do not have to be on that list. In this paper, I consider two arguments from Benhabib against the minimalist view. The first is that a political community cannot be said to have self-determination, which minimalists take to be the value at the heart of legitimacy, without democracy. The second is that even the human rights protections minimalists take to legitimize institutions cannot be had without democracy. These rights can only be adequately interpreted and specified for any social context if the interpretations and specifications result from democratic processes. Here, I bring out some important problems with these arguments and so conclude that they do not represent a robust case for rejecting minimalism.     

From Fordism to Post-Fordism: Beyond or Back to Alienation?

Abstract

The evidence today is practically uncontested: about thirty years ago we left Fordism behind and entered a new phase of capitalism. That the structures of the post-Fordist social order call for new modes of social critique is also a prevalent idea. The category of alienation continues, however, to be discredited. Nevertheless it is not clear that the categories of democracy (as apparatuses of non-domination), justice and the good life are capable of bringing about the political effects that may be expected today from the concept of alienation. For these reasons, not only the historical diagnostic that appears to have authorized jettisoning the problematic of alienation but also the model of critique used to replace it demand critical scrutiny.     

ASEAN and human rights: resisting Western pressure or emulating the West?

Abstract

Observers of Southeast Asian affairs commonly assume that the members of the Association of Southeast Asian Nations (ASEAN) are reluctant to pursue liberal agendas, and that their main concern is to resist pressure from Western powers to improve their human rights practice. This article, however, argues that such a conventional view is too simplistic. The Southeast Asian countries have voluntarily been pursuing liberal agendas, and their main concern here is to be identified as ‘Western’ countries – advanced countries with legitimate international status. They have ‘mimetically’ been adopting the norm of human rights which is championed by the advanced industrialized democracies, with the intention of securing ASEAN's identity as a legitimate institution in the community of modern states. Ultimately, they have been pursuing liberal agendas, for the same reason as cash-strapped developing countries have luxurious national airlines and newly-independent countries institute national flags. Yet it should be noted that the progress of ASEAN's liberal reform has been modest. A conventional strategy for facilitating this reform would be to put more pressure on the members of ASEAN; however, the usefulness of such a strategy is diminishing. The development of an East Asian community, the core component of which is the ASEAN–China concord, makes it difficult for the Western powers to exercise influence over the Southeast Asian countries. Hence, as an alternative strategy, this article proposes that ASEAN's external partners should ‘globalize’ the issue of its liberal reform, by openly assessing its human rights record in global settings, with the aim of boosting the concern of its members for ASEAN's international standing.     

When are stable rights to rents bad?

Stable, enforceable property rights over resources normally furthers economic efficiency. I argue that stable rights to government created rents and wealth transfers, by contrast, generate inefficiency. Secure rights to receive transfers increases rent-seekers' incentive to make political investments creating new transfers. I demonstrate the point using a two period rent-seeking game. Contestable transfers reduce the probability of establishing a transfer program and aggregate rent-seeking expenditures. Strengthening transfer recipients' rights increases the difficulty of eliminating a transfer program.     

Property rights vs. redistribution: Which path to national wealth?

Recent empirical and theoretical research suggests that egalitarian income distribution may spur economic growth. Another different strand of research suggests that property rights are important. These two results are not at odds. A model of switching between a career of rent-seeking and wealth producing shows that for redistribution to boost national income, property rights need to be secure. A more equal distribution of earned income can induce rent-seekers to switch to wealth making, but only if they can be assured that their earned income will be protected from other rent-seekers. The model suggests new directions for empirical testing.     

From Welfare to Work: Has Welfare Reform Worked?

This paper discusses estimates of the effect of welfare reform,as measured by the imposition of time limits and family cap provisions, on the employment and fertility of less educated unmarried women. This analysis shows that welfare reform has induced less educated unmarried women to move from welfare to work in significant numbers. The imposition of time limits and other administrative reforms correlated with it have increased the employment of unmarried women with 12 or fewer years of education by an estimated 363,171, approximately 28 percent of the decline in welfare caseloads for this group since 1994. Furthermore, evidence shows that women who have left welfare for employment worked approximately 29 hours per week, which even at low wages may significantly improve their financial status relative to public assistance. However, little evidence can be found to show that the imposition of time limits and family caps affect the fertility of less educated unmarried women. © 2001 by the Association for Public Policy Analysis and Management.     

Carceral State 2.0?: From Enclosure to Control & Punishment to Surveillance

Mass incarceration is at a crossroads. Even though demands to dismantle mass incarceration are increasingly gaining traction, it will not necessarily lead to a reduction of the carceral state. There is an emerging trend that centers on surveillance, security, and police discretion. The ways in which policy-making is negotiated, social upheaval is managed, and policing is being adjusted affirm a shift that puts more of the onus on the controlling aspects associated with law enforcement and less on the enclosing characteristics of incarceration. The current decline in incarceration should thus be seen as more of a realignment than an end of the carceral state.     

Flat affect? Revisiting emotion in the historiography of human rights

Across the preceding 15 years, the study of the post-1945 human rights project has emerged as one of most rapidly developing fields of transnational and international history. This article surveys the current state of the art of emotionalist historiography in the sphere of human rights and humanitarianism. It identifies the value of histories of eighteenth- and nineteenth-century social movements, which have successfully begun to incorporate emotion into their analyses. The historiography of the deeper humanitarian past may well serve as the road to more nuanced histories of contemporary human rights struggles and means for integrating grand-scale political and intellectual history with the interior sentiment of individuals. Through a brief survey of emotion at various moments of the postwar rights story, the article argues that the study of shifting sentiment can substantially enrich accounts of human rights history, as it already has done in other fields.     

Judicial policy‐making and the evolving rotection of human rights: The European court of human rights in comparative perspective

This contribution is a comparative analysis of three attempts to strengthen the supranational protection of human rights in an increasingly transnational world. It focuses on the Human Rights Committee of the United Nations, the European Court of Human Rights and the Inter‐American Court of Human Rights. The recent decision by the Inter‐American Court on the forced disappearance of individuals by state or para‐state forces illustrates the important role of cross‐pollenisation from the European Court and the United Nations. It further demonstrates how judges on supranational courts attempt to make law in the face of uncertain government compliance.     

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.     

Strauss and 'Straussianism': From the Ancients to the Moderns?

Do scholars inspired by Leo Strauss adhere to, or diverge from, his teachings as they contribute to turn of the twenty-first-century American conservative thought and new conceptions of the American political executive and constitutional order? Analyzing Strauss' view of the twofold task of political philosophy, as well as his position that modern political philosophy inexorably leads to philosophic and moral crises, the scaffolding of Strauss' political outlook – and the dimensions of its contemporary relevance – will begin to take shape. Turning to the writings on America by many of Strauss' most notable students, we discover that most of them point back to the admittedly liberal theories of John Locke and the American founders as the starting point for defining a new conservative outlook that will address the problems of modernity. We are thus confronted by a quandary. How can an important current of Strauss-inspired scholarship put forth that the theories of Locke and the American founders provide the foundation for addressing a crisis that Strauss states is rooted in that very modernity? We will discover that the thought of Strauss and an important strand of Straussianism are not the same, because Strauss-inspired scholarship on America adheres to only a facet of Strauss' two-pronged political philosophy. Strauss, however, cannot disavow responsibility for these students and followers, who embrace an important current of his thinking.     

Contextualization of UN human rights indicators: Modifying “right to work” indicators for application in Taiwan

Human rights indicators are tools for monitoring a government's progress in fulfilling its human right obligations. In 2012, the United Nations released a manual of human rights indicators that includes a conceptual framework and illustrative indicators. This article reports on an examination of “right to work” indicators appropriate for use in Taiwan. The review was undertaken under the auspices of the executive branch of the government of Taiwan in consultation with panels of experts, officials of statistical departments, and persons from vulnerable groups, to contextualize the indicators for future implementation. The authors modified several indicators suggested in the manual and created one additional attribute on collective labor rights. Following an analysis of the indicators, the article highlights several issues that require further attention, including the feasibility of disaggregating administrative data, the use of indicators at subnational levels of governments, and the development of human rights indicators for particular groups.     

Does might make right or fight? Coercive capacity,democracy, and human rights, 1975 to 2010

Democracy is generally beneficial for human rights whereas coercive capacity increases government repression. Using data for 161 countries between 1975 and 2010, I consider how different aspects of democracy interact with the size and scope of a country's military apparatus to shape respect for bodily-integrity rights. Does democracy ameliorate the negative effects of coercive capacity? Or, does a strong military overpower the positive impact of democracy? Multivariate analyses suggest that high levels of democracy neutralize the effect of coercive capacity on bodily-integrity violations. At the same time, high levels of coercive capacity increase human rights abuses even in the most democratic regimes, at least when different aspects of democracy—executive constraints, competitive elections, and media freedom—are evaluated in isolation. Regimes that combine respect for media freedom with constraints on executive authority or competitive elections are able to harness coercive capacity for protective purposes.     

Using human values-based approach to understand cross-cultural commitment toward regulation and governance of cybersecurity†

This article develops a new framework linking cross-cultural human values, regulation, and governance in the area of cybersecurity. Cyber space is currently transitioning from a laissez-faire into a regulated area. Yet, there is a significant heterogeneity in terms of the strength of commitment in different states to regulation and governance of digital spaces. Therefore, it is important to explore why this heterogeneity exists. This article proposes that heterogeneity in the commitment to regulation and governance of cyber space between different nations stems from the fundamental cross-cultural differences in human values between countries. Using an example of cybersecurity, we show how the cultural value orientations theory maps onto national commitments to regulate and govern cybersecurity issues. We construct a theoretical framework linking human values with cybersecurity regulation and confirm the existence of this link empirically using the data from the international Schwartz Value Survey and the Global Cybersecurity Index.