马克思劳动关系理论与全球劳动关系的演变

马克思的劳动关系理论对于20世纪80年代以来全球劳动关系的演变过程具有很强的解释力,劳动关系内部权力结构及处理机制所发生的变化使劳动关系出现了极其严重的权力与利益分化,当代劳动关系的复杂性远远高于马克思所描述的19世纪的资本主义劳动关系。在马克思提出的劳动关系的理想模型中,不存在由劳权缺失所引发的矛盾、冲突与分化。在这种理想的劳动关系尚未实现的情况下,劳权保护机制是不能缺失的。在劳动关系内部,保护雇佣劳动者劳权的唯一途径依然是减弱资本优先权和管理优先权对劳动关系的过度控制。在劳动关系外部,完善的公共保障体系则能够同时保护雇佣劳动者和非雇佣劳动者的劳权。随着非雇佣劳动者数量的增长,劳权保护将对公共保障体系形成更多的依赖。     

On our terms! How domestic elites localised the International Commission Against Impunity in Guatemala

Abstract

In summer 2004, an UN-sponsored international rule of law commission based on an initiative of the Guatemalan human rights community was rejected by Guatemalan political elites. In 2007, a new version, the International Commission against Impunity (CICIG), was approved by the Guatemalan Congress and has since been active in the country, supporting the modernisation of the Guatemalan judicial system and the investigation and prosecution of criminal networks. The CICIG has been hailed as part of a new generation of rule of law promotion that addresses the problems of post-conflict states. How did this change in elite support come about? Neither increased pressure from the international community nor changes in the elite groups in power can fully explain this shift. Rather, Guatemalan elites actively reshaped the commission; in addition, the human rights community reframed it to better fit the risk perceptions of the general public.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

Deeper Commitment to Human Rights Treaties: Signaling and Investment Risk Perception

Why do some leaders make deeper commitments to human rights treaties (HRAs) by consenting to receive extra monitoring of complaints or communications from individual citizens? Extant theory suggests leaders join HRAs for tangible benefits. However, empirical support for this argument is mixed. To address this mismatch, we approach this question from a different angle. We argue that by ratifying HRAs, leaders send a signal that they are reliable partners who value future returns. Accepting optional articles and protocols that increase monitoring of the state’s human rights behavior, without changing the state’s substantive obligations, helps better signal that the regime does not fear instability nor sees the need to resort to the proscribed abuses in the future. This, in turn, serves as an important middle step to recognizing tangible benefits, such as foreign direct investment, by improving investors’ risk perception of ratified countries.     

Telling the stories of others: claims of authenticity in human rights reporting and comics journalism

ABSTRACT

There are various intermediaries bearing witness to distant conflicts and atrocities. They travel to distant parts of the world to collect different kinds of evidence and stories, motivated by the assumption that knowledge can evoke change. This article asks how authenticity is claimed in this context of humanitarian witnessing. It focuses on two, at first sight quite different, practices of representation: NGO human rights reporting and comics journalism, also known as graphic reporting. It argues that representations of first-hand access to sites and people involved in abuses, or of ‘having been there’, figure centrally in establishing authenticity and thereby truth. The article discusses two techniques through which first-hand truth claims are performed: representations of field research methodologies, and personifications of truth in the figure of the witness. The intermediaries chosen for an in-depth study are the human rights NGO Human Rights Watch and the US comics journalist Joe Sacco.     

Human rights and Nubian mobilisation in Egypt: towards recognition of indigeneity

How are global human rights localised in authoritarian societies? How and what human rights discourses are mobilised by indigenous peoples to further their demands? Building upon original fieldwork among Nubian activists in Egypt, this article explores the complexities regarding human rights framing through a discussion of recognition of Nubian indigeneity. The article finds that the history and political experience of Egypt’s Nubians bring about diverging opinions and also limitations as to how, and what, human rights frameworks rights claimants and their supporters are to employ. It argues that Egyptian nationalism not only affects how Nubian activists mobilise in general, but also helps explain the very limited appeals to a global discourse of human rights.     

Understanding contested women’s rights in development: the Latin American campaign for the humanisation of birth and the challenge of midwifery in Mexico

This article builds on the recent debates on human rights and development to discuss the case of reproductive rights and midwifery activism as part of the broader mobilisation for the humanisation of birth and against obstetric violence in Latin America and Mexico. Drawing on extensive fieldwork, the analysis shows how human rights continue to form a significant contentious and constructed terrain among women in the global South. The mobilisation for the humanisation of birth and against obstetric violence indicates how the clinical developmental view of reproductive rights is challenged by these activists as not necessarily safeguarding the rights of women during birth. In Mexico this campaign is essentially linked to the struggle to bring back and strengthen midwifery as a way of ensuring improved human rights in birth. The article concludes, however, that this campaign might be challenged by Indigenous rights in the near future.     

Birth Registration and Protection for Children of Transnational Labor Migrants in Indonesia

ABSTRACT

Policies on transnational labor migration do not consider workers' needs as parents or the rights and welfare of their children, including a child's right to an official identity through birth registration. A study of birth-registration decision making by migrant parents in Lombok, Indonesia underscored the need for targeted responses to uniquely challenging circumstances and priorities of migrant parents. Free birth registration through birthing and health centers and village-level leaders can overcome problems of decentralized implementation of national strategies and an exploitive registration brokerage industry, mitigating risks of de facto statelessness for children and a multigenerational pattern of undocumented and unsafe migration.     

The Victims’ Directive and What Victims Want From Restorative Justice

Following fierce campaigning by victims’ groups, the European Commission has entered into a process of legislative and policy reforms with the aim of repositioning the victim in criminal proceedings. By November 2015, member states will need to have demonstrated that they have modified their domestic laws to give effect to the Directive 2012/29/EU establishing minimum standards on the rights, support, and protection of victims of crime. For the first time, restorative justice is explicitly regulated at EU legal level, as the Directive aims to establish a baseline for its safe implementation across member states. With this EU-wide policy backdrop and using original data, the article posits evidence-based recommendations for the implementation of the Directive. The research was carried out in 2013–14 as part of the “Restorative Justice in Europe” project co-financed by the European Commission. The research took place in the United Kingdom and combined desk research and qualitative research strategies with victims, while it triangulated its findings with follow-up surveys with offenders and professionals.     

Prevention,knowledge, justice: Robert Nozick and counterterrorism

ABSTRACT

This article explores questions of justice and moral permissibility of state action in counterterrorism through Robert Nozick’s Anarchy, State, and Utopia. Using the case of the Berlin attack in December of 2016 and the ensuing political debate over whether potential terrorists could be put into preventive custody as an illustrative example, it engages Nozick’s argument on prevention, knowledge and justice. In Nozick’s fierce defence of individual rights, the state comes into being as an aggregate of individuals and their inviolable rights, and thus possesses no moral legitimacy of its own. Individual rights must therefore not be violated for the sake of common goods. In conjunction with his emphasis on free will and the ensuing unpredictability of human decision-making, the article highlights the Nozickian position as a powerful account against the justification of preventive custody, thereby providing a moral “fail-safe” in counterterrorism discourses that build on just war theory and utilitarianism.