How to Advance Social Rights without Jeopardising the Human Rights Act 1998

When the 1948 Universal Declaration of Human Rights (UDHR) was drafted, governments grasped that human rights are needed as safeguards, not only against authoritarianism but also against the causes of authoritarianism. For this reason, the UDHR encompasses civil, political, economic, social and cultural rights. This holistic vision of human rights was obscured during the Cold War and more recently by economic neo‐liberalism. The UK government neglects social rights, which have a very low public profile, although there is evidence that the profile of these human rights is increasing. UK domestic law and practice is inconsistent with the holistic vision of human rights and the government's binding international social rights obligations. The UN Special Rapporteur on extreme poverty and human rights recommends that the UK provides for ‘the legislative recognition of social rights’ which can be approached in various ways. One way is to proceed social right by social right (for example, the rights to housing, health and education), and sector by sector (for example, the sectors of housing, health and education). This administrative law approach advances explicit social rights without implicating or jeopardising the Human Rights Act 1998.     

The Voting Rights Act and Black Registration in Mississippi

The impact of the Voting Rights Act (VRA) on black registrationin Mississippi was dramatic. Black registration increased from28,500 in 1965 to 406,000 in 1984. The influence of the VRAon black registration, however, varied across Mississippi counties.The impact of the VRA was especially evident in counties havinga large number of unregistered blacks. The presence of a largenumber of unregistered blacks apparently stimulated a high levelof civil rights activity, which then provoked federal intervention.Nevertheless, blacks are registered at lower rates than whites;blacks are less likely to vote than whites; and blacks are lesslikely than whites to be elected to public office.     

National Human Rights Institutions: Domestic implementation of international human rights law

Does adopting a National Human Rights Institution (NHRI) make states’ international commitments to not torture more constraining? Many researchers have explored international human rights treaties’ abilities to constrain leaders from violating human rights, some focusing exclusively on the United Nations Convention Against Torture (CAT). Thus far, findings are not promising unless certain domestic conditions apply such as sufficient democratic space to air grievances or independent judiciaries. This article continues to explore domestic conditions by focusing on another liberal institution—National Human Rights Institutions (NHRIs). Torture is usually a secretive practice, and NHRIs act as information providers to potential mobilizers and domestic legal systems assuring international legal commitments are not empty promises. Using statistical analysis on 153 countries over the years 1981–2007, I find that when a country has ratified the CAT, the presence of an NHRI substantively decreases the chances the state will be an egregious offender.     

The Voting Rights Act and Hispanic Political Representation in the Southwest

Extensions of the Voting Rights Act (VRA) in 1970 and 1975 expandedcoverage to the southwestern United States and included provisionsfor non-English speaking minorities. In the South, the VRA hadthe effect of increasing the number of black voters and electedofficials. In this article, we examine the changes in numbersof Mexican American and other Hispanic elected officials inthe five southwestern states for federal, state, and local officesduring the eleven-year period of 1973–1984. Gains occurredduring the period, although they were uneven across the statesand for different types of offices. The VRA served to removethe more blatant obstacles to electoral participation, but thelaw's fullest impact has also required effective political mobilizationby Hispanic organizations to increase voter registration andproduce a conducive environment for Hispanics to seek and winelective positions.     

The Voting Rights Act and Louisiana: Twenty Years of Enforcement

This article examines the interaction of structural change (lawsaffecting voting rights) and cultural continuities (differencesbetween the Protestant and black Catholic political cultures)on the level and quality of black political participation inLouisiana. Blacks who at mid-century resided in the French-Catholicparishes were more likely to register and vote than blacks wholived outside these parishes. The advent of the Voting RightsAct has radically changed this pattern. Northern parishes havingthe highest proportion of black population, the highest landtenancy rates, and a tradition of a plantation economy are nowamong the parishes exhibiting the highest rates of black voterregistration.     

人权的逻辑规定与现实规定——基于马克思人的生存方式理论的视角

马克思把人的存在理解为生存活动.人的生存活动是人依靠自然生产自己的一种生活.作为自然性与社会性相统一的人的生存活动,就是人的生活方式或生存方式,它构成了马克思人权认知的前提.从人的“生活决定意识”这一唯物史观的基本原则出发,首先,马克思指认人权是一种逻辑规定,是人的生存活动发展到资本主义商品经济阶段的产物,表现为自由、平等、财产与安全等;其次,马克思指认人权又是一种现实规定,人权在资本主义雇佣劳动这一特定的生存方式中体现为资本自由、平等地剥夺劳动的特权.     

The Voting Rights Act in North Carolina: An Evaluation

This study evaluates the impact of the Voting Rights Act onthe black electorate in North Carolina. A quasi-experimentalresearch design compares progress made in the forty countiescovered by the act (the experimental counties) with an equivalentgroup not covered by the act (the control counties). The resultsindicate that blacks in the experimental counties have madesignificant gains in registering voters, electing black officials,and improving their social and economic conditions.     

Human rights and cultural conflict

Conclusion In speaking of a right in relation to identity formation, I have avoided many important questions, including questions about how properly to understand identity formation itself. Evoking such a right does draw from existing trends, but it remains speculative. Nonetheless, it captures one valuable insight in criticisms of human rights as a Western imposition, namely the insight that an important kind of oppression figures in the imposition of identities. By affirming a human right in relation to identity formation, we can not only confront this kind of oppression but see that it has specific weight in contemporary globalizing politics, economics, and culture. Moreover, we see that human rights can offer a critical relation to that kind of identity assertion and cultural imperialism that has itself employed the language of universal principles. One reason to emphasize this possibility of human rights discourse is to explore how this discourse offers more generally a significant normative perspective for challenging various kinds of oppression and domination today. Emphasizing such possibilities is a way of exploring the respects in which any viable notion of democracy must provide an important place for human rights.     

The Conservative Case for Human Rights

This article explores how conservative values and Conservative Party politicians helped to shape the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human rights (ECHR) 1950. It provides an overview of the history of conservatism in the UK with a focus on the way that Conservative Party administrations promoted the protection of human rights, including social and economic rights. The author argues that the Conservative Party should continue to play a key role in protecting human rights legislation rather than regarding human rights as a ‘foreign’ imposition from Europe.     

The Globalization of Rights: From Citizenship to Human Rights

Globalization is shifting the balance away from membership-based citizenship towards universal human rights, thus we ask: how are new human rights generated? We argue that the movement for human rights follows on the heels of the much older and richer tradition of citizenship, as can be seen from the fact that many of the new claims put forward by human rights activists seek to define traditional citizenship rights as universal human rights. Most recently, we witness attempts by NGOs and CSOs to bring health, rights-based development, and identity rights under the umbrella of human rights. We examine the changing but continuous relationship of these two rights traditions, the gains made by human rights activists and the global solidarity and national enforcement capacity needed to underwrite their further progress.