This chapter examines some theoretical and practical problems in global children's rights advocacy. It begins with a discussion of the novelty of children's rights and the problem of identifying the moral agent of children's rights. It then considers the tensions between the universalism of human rights advocacy and the relativism of development advocacy. It shows that children's rights research is influenced by social constructivism, which highlights the history of childhood and childhood norms. Early social constructivist approaches identified the concept of childhood underpinning the Convention on the Rights of the Child as a Western construction based on Western experiences and its exclusion of the experience of childhood in developing countries. The chapter proceeds by looking at a case study involving attempts to eradicate corporal punishment of children globally. It suggests that there are social and political problems with attempting to globalize childhood norms without globalizing material development.
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17. Children’s Human Rights Advocacy
Vanessa Pupavac
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7. Contemporary Critiques of Human Rights
David Chandler
This chapter examines contemporary critiques of human rights, focusing on the downside of human rights claims — what is commonly understood by advocates of human rights to be the ‘misuse’ or ‘abuse’ of human rights. It first considers how human rights claims conflate ethical and legal claims because the subject of rights is not a socially constituted legal subject. It then discusses the rise of human rights as well as the relationship between human rights claims and international interventions such as humanitarianism, international law, and military intervention. In particular, it analyses the ethical, legal, and political questions raised by the Kosovo war. The chapter shows that there is a paradox at the heart of the human rights discourse, which enables claims made on behalf of victims, the marginalized, and excluded to become a mechanism for the creation of new frameworks for the exercise of power.
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13. Economic Globalization and Human Rights
David L. Richards and Ronald D. Gelleny
This chapter investigates the relationship between economic globalization and government respect for two subcategories of international human rights known as physical integrity rights and empowerment rights. It begins with an overview of different theoretical approaches regarding the relationship between economic globalization and government respect for human rights. It then reviews research findings from the quantitative literature analysing this relationship. It also conducts an original study using quantitative methods to determine whether a developing country's ability to attract foreign direct investment is affected by its level of governmental respect for human rights. The results show that governments that respect their citizens' physical integrity and empowerment rights will be better able to attract foreign economic capital.
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23. The Environment
John Barry and Kerri Woods
This chapter examines the ways that environmental issues affect human rights and the relevance of human rights to environmental campaigns. It also evaluates proposals for extending human rights to cover environmental rights, rights for future generations, and rights for some non-human animals. The chapter begins with a discussion of the relationship between human rights and the environment, along with the notion that all persons have ‘environmental human rights’. It then analyses the impact of the environment on human security and its implications for human rights issues before considering case studies that illustrate how environmental issues directly impact on the human rights of the so-called environmental refugees, who are displaced from lands by the threat of climate change and also by development projects. Finally, the chapter describes the link between human rights and environmental sustainability.
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2. Feminist and Activist Approaches to Human Rights
Ackerly Brooke
This chapter explores the theoretical and political history of human rights that emerges out of the struggles that have been waged by feminists and other non-elites. It first considers the bases for the moral legitimacy of human rights and challenges to those arguments before discussing three aspects of feminist approaches to human rights: their criticism of some aspects of the theory and practice of human rights, their rights claims, and their conceptual contributions to a theory of human rights. It then examines the ways in which feminists and other activists for marginalized groups have used human rights in their struggles and how such struggles have in turn shaped human rights theory. It also analyses theoretical and historical objections to the universality of human rights based on cultural relativism. Finally, it shows that women’s rights advocates want rights enjoyment and not merely entitlements.
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20. Genocide and Human Rights
Scott Straus
This chapter examines the ramifications of genocide for human rights. Genocide is one of the most extreme forms of human rights violations, but its definition has been the subject of considerable debate. In recent years, there have been efforts to develop a better policy on genocide prevention. This chapter evaluates various definitions of genocide as well as some of the weak points of the 1948 United Nations Convention on the Punishment and Prevention of the Crime of Genocide, also known as the Genocide Convention. It also discusses theories of why genocide occurs and concludes with case studies of Rwanda and Darfur, both of which describe the background to the mass violence in both locations, as well as the international responses.
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9. Global Civil Society and Human Rights
Marlies Glasius and Doutje Lettinga
This chapter examines the relationship between global civil society (GCS), defined as ‘people organizing to influence their world’, and the normative ideal of a ‘global rule-bound society’. It first explains the concept of GCS before discussing some of the GCS actors involved in human rights issues, with a particular focus on their background, methods, and influence. It then decribes three kinds of activities of individuals and organizations in civil society in relation to human rights corresponding to three different phases: shifting norms, making law, and monitoring implementation. These activities are illustrated with two case studies: norm-shifting activities in relation to economic and social rights, and lawmaking and monitoring activities in relation to the International Criminal Court.
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18. Human Rights and Forced Migration
Gil Loescher
This chapter examines the link between human rights and forced migration. It first considers the human rights problems confronting forced migrants both during their flight and during their time in exile before discussing the differing definitions accorded refugees today as well as the difficulty in coming up with a widely accepted definition. It then explores the roles and functions of the Office of the UN High Commissioner for Refugees and the international refugee regime. It also uses the case study of Myanmar to illustrate many of the human rights features of a protracted refugee and internal displacement crisis. Finally, it describes how the international community might respond to new and emerging challenges in forced migration and world politics, and better adapt to the ongoing tension between the power and interests of states and upholding refugee rights.
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12. Human Rights and Politics in Development
Sakiko Fukuda-Parr
This chapter discusses the importance of politics to the relationship between human rights and development. It describes the two major ways in which human rights struggles have focused on development processes in the last two decades: the right to development, the struggles of poor countries for a better deal in the global economic system; and the human rights-based approach to development, the struggles of poor people for development to realize their rights. The chapter first considers the links between human rights, politics, and development before analysing the concepts and debates surrounding the right to development and the human rights-based approach to development. It then presents a case study on the Millennium Development Goals and the successor, Sustainable Development Goals, to illustrate how human rights principles are raised in contemporary debates on development priorities.
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10. Human Rights and Religion
Roja Fazaeli
This chapter examines the ways in which theoretical and practical relationships between religion and human rights are constructed and understood. It begins with a historical background on the relationship between religion and human rights, focusing on religious traditions from which human rights discourses have inherited or rejected a number of ideas; one is the tradition of natural rights, which was debated throughout the Enlightenment. It then considers the formation of the international human rights system, along with contemporary concerns regarding religion and human rights such as the treatment of women, religious expression and rights claims in multicultural contexts, and the significance of religious symbols. It also discusses questions of religious authority and concludes with a review of two European Court of Human Rights (ECHR) cases that demonstrate growing edges for questions of human rights and religion: the Lautsi case and the Şahin case.
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5. Human Rights in Comparative Politics
Sonia Cardenas
This chapter examines the importance of comparative politics for understanding human rights practices. Comparative politics has advanced our knowledge of why states sometimes violate internationally recognized human rights. Both domestic incentives and exclusionary ideologies increase the likelihood of rights violations. On the other hand, comparative politics has attempted to explain human rights protection, showing how domestic structures (both societal groups and state institutions) can influence reform efforts. This chapter first consider alternative logics of comparison, including the merits of comparing a small versus a large number of cases and human rights within or across regions. It then explores the leading domestic-level explanations for why human rights violations occur. It also describes the use of domestic–international linkages to explain otherwise perplexing human rights outcomes. Finally, it analyses the ways in which, in the context of globalization, comparative politics shapes human rights practices.
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4. Human Rights in International Law
Rhona K. M. Smith
This chapter examines the international legal context of human rights. It first considers the historical evolution of international human rights law, with particular emphasis on the reincarnation of philosophical ideals as international laws (treaties), before discussing the principal sources of international human rights law such as customary international law and ‘soft’ law. It then describes the various forms of expressing human rights, along with the core international human rights instruments. It also explores the mechanisms for monitoring and enforcing human rights, including the United Nations system, regional human rights systems, and national human rights systems. Finally, it explains the process followed for a state wishing to be bound to the provisions of a treaty and the benefits of listing human rights in treaties.
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3. Human Rights in International Relations
Tim Dunne and Marianne Hanson
This chapter examines the role of human rights in international relations. It first considers the theoretical issues and context that are relevant to the link between human rights and the discipline of international relations, focusing on such concepts as realism, liberalism, and constructivism. It then explores key controversies over human rights as understood in international relations as a field of study: one is the question of state sovereignty; another is the mismatch between the importance attached to human rights at the declaratory level and the prevalence of human rights abuses in reality. The chapter also discusses two dimensions of international responsibility: the duty to protect their citizens that is incumbent on all states in light of their obligations under the various human rights covenants; and the duty of states to act as humanitarian rescuers in instances where a state is collapsing or a regime is committing gross human rights violations.
Book
Michael Goodhart
Human Rights: Politics and Practice provides an introduction to human rights. Combining political science, philosophy, law, and policy-making, the text provides a broad range of perspectives on the theoretical and practical issues in this constantly evolving field. In addition to in-depth theoretical content, the text also features coverage of human rights issues in practice, with a wide range of case studies to explore concrete examples from around the world. The third edition has been brought fully up-to-date with the most recent events and latest research developments in the area. Two new chapters have been added: one on religion and human rights, and one on sexual orientation and gender issues and human rights, introducing students to these important topics and expanding the theoretical and practical discussion of issues of universalism and relativism. The new edition also features a range of carefully developed pedagogical features to aid learning, encourage critical analysis, and challenge students to question their own assumptions.
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16. Human Trafficking
Andrea M. Bertone
This chapter examines how the international community has defined and framed the issue of human trafficking over the last century, and how governments such as the United States have responded politically to the problem of human trafficking. Contemporary concerns about trafficking can be traced back to a late nineteenth-century movement in the United States and Western Europe against white slavery. White slavery, also known as the white slave trade, refers to the kidnapping and transport of Caucasian girls and women for the purposes of prostitution. The chapter first considers the definitions of human trafficking before discussing the anti-white slavery movement and the increase in international consciousness about the trafficking of women. It then traces the origins of the contemporary anti-human trafficking movement and analyses how trafficking emerged as a global issue in the 1990s. It also presents a case study on human trafficking in the United States.
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21. Humanitarian Intervention
Alan J. Kuperman
This chapter examines humanitarian intervention and its relationship to the promotion of human rights. It first traces the evolution of humanitarian intervention, especially in the wake of the Second World War and the Cold War, to include military force and the violation of traditional norms of neutrality and state sovereignty. It then describes some obstacles to effective intervention, including the speed of violence, logistical hurdles to military deployment, and lack of political will. It also discusses unintended consequences, such as how the ‘moral hazard’ of humanitarian intervention may inadvertently trigger and perpetuate civil conflict, thus exacerbating civilian suffering. Many of these concepts are illustrated with a detailed case study of humanitarian intervention in Bosnia from 1992 to 1995 by the United States, European Community, United Nations, and NATO. The chapter concludes with recommendations to improve humanitarian intervention and to reconcile it with the promotion of human rights.
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19. Indigenous Peoples’ Human Rights
Paul Havemann
This chapter examines issues surrounding the human rights of Indigenous peoples. The conceptual framework for this chapter is informed by three broad, interrelated, and interdependent types of human rights: the right to existence, the right to self-determination, and individual human rights. After describing who Indigenous peoples are according to international law, the chapter considers the centuries of ambivalence about the recognition of Indigenous peoples. It then discusses the United Nations's establishment of a regime for Indigenous group rights and presents a case study of the impact of climate change on Indigenous peoples. It concludes with a reflection on the possibility of accommodating Indigenous peoples' self-determination with state sovereignty.
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Introduction: Human Rights in Politics and Practice
This edition offers an introduction to the theory and practice of human rights from the perspective of politics and cognate disciplines. It showcases the ‘state of the art’ of the study of human rights in various fields and disciplines and explores a variety of important topics in contemporary human rights politics and practice. This introduction provides the historical and conceptual background necessary for informed critical engagement with the ideas and arguments presented in the text. It first explains why human rights have emerged as a powerful and important moral and political discourse since the middle of the twentieth century, with particular emphasis on their modernity, their invention, and their revolutionary character. It then examines the politics of human rights, the practice of human rights, and human rights as an object of enquiry. It concludes with a brief overview of the aims, structure, and objectives of the text.
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8. Measuring and Monitoring Human Rights
Todd Landman and Larissa C. S. K. Kersten
This chapter focuses on the measurement and monitoring of human rights. It explains the purpose, challenges, and types of human rights measures and discusses the main content of human rights that ought to be measured, including the different categories and dimensions of human rights. It also considers the different ways that human rights have been measured using various kinds of data and measurement strategies, such as events-based data, standards-based data, survey data, and socio-economic and administrative statistics. Furthermore, it looks at new trends in human rights measurement, with a focus on new ways to measure economic and social rights, ‘open source’, and ‘big’ data, and the mapping and visualization of human rights data. The chapter concludes by discussing the remaining challenges for human rights measurement and monitoring, including biased reporting, incomplete source material, and the importance of continued dialogue between different academic disciplines on the need for measurement.
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1. Normative and Theoretical Foundations of Human Rights
Anthony J. Langlois
This chapter discusses the normative and theoretical foundations of human rights. More specifically, it examines the theoretical basis for the normative ideas advanced by those who use the language of human rights for an ethical critique of international politics and policy. The chapter first traces the origins of the language of rights before discussing cultural relativism and imperialism, both of which challenge the United Nations Universal Declaration of Human Rights’ claim to have universal application. It then considers the negative/positive distinction as a way of thinking about the differences between liberty and welfare rights. It also explores group rights, along with the philosophical and political history of the idea of human rights. Finally, it explains how the human rights agenda is deeply political, showing that it privileges a certain set of normative commitments that its proponents hope will become, in time, the ethical constitution of the international system.
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