Subject Of Human Rights Research Articles

The Subject of Human Rights: From the Unencumbered Self to the Relational Self

ABSTRACT The divisive character of a large part of identity politics creates enormous challenges which have yet to be satisfactorily engaged with from within human rights circles. This article addresses an area of human rights theory and practice that is in urgent need of critical attention: the prevailing human-rights-based response to identity politics, namely recognition rights that eschew social class. I shall argue that human rights has vitally important contributions to make to protecting those who are vulnerable because of their self-affirmed or imposed identities. However, I shall also argue that human rights’ engagement with identity politics is significantly limited in key areas. Human rights remains deeply influenced by an overly individualist ideal of the individual rights holder, which limits its ability to effectively engage with what I see as a key challenge of our age: identity politics wielded in divisive ways. I shall argue that what is largely missing from human rights’ engagement with identity politics is an understanding of the subject of rights as relational. I will consider specific aspects of this failure to engage with the constitutive relationality of human agency and identity, before proceeding to outline three areas in which an acknowledgement of relationality can contribute to human rights incorporating identity politics in a more effective way. My article asks the human rights community to radically rethink and begin to reshape its efforts to engage with the challenge of identity.

Intersectionalizing CEDAW

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is undergoing a process which can be described as “intersectionalization”, in which the CEDAW Committee proliferates a specific interpretation of CEDAW. This contribution aims to contextualize this process in the larger debate on the interplay between feminist theory and human rights. It examines what the development means for the discussion on the subject of human rights. Even though this development offers new perspectives, it is a chapter in the classic story of human rights: a story about inclusion. We analyze how different feminist approaches (re-)define the subject of human rights – and specifically women’s human rights – and try to figure out how inclusive such a subject can be. Our argument is that the CEDAW Committee, in the process of intersectionalizing CEDAW, (cautiously) moves to blur the boundaries of the sex/gender binary that underlies the treaty, challenging the treaty’s exclusive focus on the partial human rights subject “woman”.

Roundtable: How do We Connect Public Administration and Human Rights?

Abstract Global recognition that there are universal human rights and that governments have a duty to respect them, was one of the most important developments of the 20th century. In this century, though, human rights are challenged in many places. What role do scholars and practitioners in public administration play in protecting human rights? This question has not received adequate attention in the field. In this roundtable, nine scholars explore the different ways in which public administration scholarship and practice may contribute to the advancement of fundamental human rights. A general theme is the need within our field for more systematic attention to the subject of human rights. Contributors identify topics that deserve particular attention, such as the protection of democracy, the provision of services essential to personal security and development, and the empowerment of Indigenous peoples.

Reason enough to hope? The citational practices and disorienting subjects that make menstruation a matter of human rights

ABSTRACT Calls to think or embrace an ‘after’ to rights, particularly ones that suggest adopting alternative ways of thinking or acting politically, often do so because of frustration with the liberal dimensions of rights. In this paper, I draw insights from theories of performativity and feminist phenomenology to show that rights claiming remains a site of contestation over key elements of the liberal tradition. Turning my attention to efforts to make menstruation a human rights issue, I show how rights claims that cite norms and conventions from the phenomenological tradition work to shift ways of thinking about the subject of human rights, offering new ways of thinking about human vulnerability and agency. This has implications for how we think the ‘after’ in two senses. First, it expands what counts as an ‘after’ that is an effect of specific rights claims and second, it provides important lessons for any effort to think an ‘after’ as a future with or without rights.

THE CONCEPT OF HUMAN RIGHTS IN THE DIGITAL ERA/ CHANGES AND CONSEQUENCES FOR JUDICIAL PRACTICE

The digital age has led to conceptual changes in human rights and their content, understanding, implementation, and protection. Discussions about expanding the range of both addressees and subjects of human rights are a consequence and, at the same time, a breeding ground for change. New challenges for rights related to technological development, the increasing influence of companies and organisations, the growing use of solutions based on artificial intelligence, and the habit of relying on such solutions have led to the need for a substantial revision of such aspects as the content of individual rights and their catalogue, the definition of the fourth generation of rights as bio-information, and the clarification of the concept of digital rights. Digitalisation, which in a broad sense represents the legal, political, economic, cultural, social, and political changes caused by the use of digital tools and technologies, covers the private and public spheres, revives our understanding of and research into human rights in a horizontal dimension, and influences the revision of their anthropological foundations. The general philosophical framework of this research consisted of axiological and hermeneutic approaches, which allowed us to conduct a value analysis of fundamental human rights and changes in their perception, as well as to apply in-depth study and interpretation of legal texts. The study also relied on the comparative law method in terms of comparing legal regulation and law enforcement practice in different legal systems. The method of legal modelling was used to highlight the bio-information generation of human rights as the fourth generation of rights, as well as some scientific predictions in the field of human rights. The article argues that it is necessary to change our approach to human rights in the digital era, to widen the circle of addressees of human rights obligations to include companies and organisations, and to be ready potentially recognise artificial intelligence as a subject in public relations and fundamental rights. The term ‘spectrum of algorithm-based digital technologies’ is proposed, which can more accurately describe those phenomena that are covered by the synonymous terms ‘artificial intelligence’ and ‘algorithm’. The article proposes to consider digital rights in three dimensions, as well as to take into account the subtle structural consequences of changing the concept of human rights in the digital era for judicial practice.

Human Rights Issues—A Still Neglected Managerial Area in Supply Chains? Study Results of Socially Responsible Companies from Poland

Abstract This article discusses human rights issues in supply chains of socially responsible companies operating in Poland. The issue of human rights in business is gaining importance both in the context of legal regulations and the approach of enterprises. Nevertheless, human rights in supply chains pose many challenges. This issue should be particularly important to companies that have decided to implement social responsibility. Two crucial research questions were asked. First, to what extent do socially responsible companies pay attention to human rights issues in supply chains? Second, if human rights issues are managed in supply chains, how is this done? The main results show that this issue is considered, but it is difficult to unequivocally assess to what extent the subject of human rights is treated strategically as an element of a business case and how far it results from the current need to be adjusted to the present societal expectations. This article outlines the general overview of the situation.

Human rights education in indonesian higher education institutions: opinions of students and teachers

As problems of intolerance and disrespect of human rights escalate in this modern world, raising public awareness on human rights is considered an inevitable task for all. Intervention of promoting human rights in education field is believed to be playing an important role to address the problems. This study wants to collect information from its research subjects on the extent to which topics of human rights are being learned and taught in higher education institutions, and on the degree of effectiveness of different methods used to learn and teach human rights in higher education institutions, as to develop human rights knowledge and understanding of students. This study uses the technique of homogenous purposive sampling to determine the research subject. The research subjects are (1) students who take the course subject of Human Rights or Citizenship and (2) lecturers who teach either the course subject of Human Rights or Citizenship, in any higher education institutions in Indonesia. The questionnaire is developed using Google Form, and is distributed online. As the result of the survey for 445 students and 72 teachers of Indonesian higher educational institutions, most of them are familiar with the concept of human rights. The most significant sources of information on human rights are university lecturers, mass media, official documents, and publications. The most important level of education to receive knowledge and build understanding on human rights are secondary education, higher education, elementary education, and vocational education. General human rights, right to freedom of religion and belief, and right to education are fully developed. More of other rights, such as rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ), rights of migrants, rights of internally displaced persons, and rights of the poor, are expected to be more developed than they are now. The most effective methods are field visit/excursions, watching films, problem solving, and case studies. The least effective methods are arts (drawing and singing), writing essays and stories, and games.

The public discourse on immigration in Italian school textbooks

The authors present an analysis of the History and Geography textbooks that were the most used in Italian secondary schools in the school year 2016-2017, aimed at investigating immigrant representation and migrations through images and texts. Indeed, textbooks are a kind of media that can impact on the public discourse while presenting a certain vision of society to those that are becoming the future citizens, conveying - explicitly and implicitly - value systems. In this sense, they can act as tools to build support for power or cultural resistance, an aspect that is reflected in the so called "Didactic Transposition Delay", which helps to understand the relationship between knowledge and values. Given their "political" nature, albeit cloaked in an institutional authority, it is important to reflect on this type of media in a critical manner, particularly with respect to the promotion of discrimination and stereotypes. Among the findings of the study, a narrative predominantly describing migrants as "victims" and as a resource (especially eco-nomic) for the country of destination, albeit not lacking representation in terms of problems, while barely making room for the subject of human rights. At the same time, the images convey a representation that is predominantly "male", tending to "veil" the presence of women, contrary to the data, but with certain elements which the authors consider as developments with respect to previous studies.

Editorial: Os Profissionais de Segurança Pública como Sujeitos de Direitos - políticas públicas, qualidade de vida e democracia

The relations between the idea of the human rights political project and the public security policies planned by the political class and enforced by the police institutions have serious tensions that represent obstacles to realizing the rule of law. One of the main challenges of this relationship is comprehending that public security agents are not only social actors who are responsible for the front line of realization of human rights, but also subjects of human rights, considering that they integrate the same society to which their work is destined. This article discusses some data on violence against police officers and their health issues, analyzing it from the point of view of the relationship between public security policies and human rights, in order to think if these professionals consider themselves integrated into the society to which their work is destined and, at the same time, are considered like that by the citizens. This article analyses the consequences of these perceptions in face of the realization of the rule of law, particularly in the Brazilian context of re-democratization, after the 1988 constitution.

Latin American Feminists, Gender, and the Binary System of Human Rights Protection

On March 26, 2021, the Inter-American Court of Human Rights found Honduras responsible for the killing of Vicky Hernández, a trans woman and human rights defender.1 The Vicky Hernández et al. v. Honduras judgment is the first in which an international court has protected a trans woman by applying a human rights treaty that protects women. It thus provides an opportunity to analyze the impact of feminist ideas on the system of human rights protection at the regional level, with implications for international law more generally. In this essay, I defend the Inter-American Court's majority decision against the dissenting opinions, by arguing that the political subject of human rights is dynamic and emergent and, therefore, positive law is often one step behind in the struggles for recognition. For this reason, we need interpretations of rights that are inclusive, that evolve, and that push for the destabilization of law as binary, allowing the emergence of a more egalitarian legal system that recognizes intersectionality.

The Implementation of Article 12 of the Convention on the Rights of People with Disabilities in Kenya

Equality and non-discrimination before the law are fundamental human rights principles enshrined in both international and regional human rights instruments. However, earlier human rights instruments did not expressly protect persons with disabilities from discrimination and, therefore, they were regarded as objects of charity, rather than subjects of human rights. Through the years, the law has developed to provide better protection for persons with disabilities, culminating in the ratification of the Convention on the Rights of People with Disabilities (CRPD). Article 12 of the CRPD provides for the right to equal recognition before the law for persons with disabilities which entails the right to legal capacity. This provision reflects a long established and non-derogable human rights principle also enshrined, for example, in article 16, as read together with article 4 (2), of the International Covenant on Civil and Political Rights (ICCPR). Despite the significant development of legal protection, the implementation of the right to legal capacity for persons with disabilities leaves a lot to be desired. Many jurisdictions conflate legal capacity with mental capacity, the latter of which is a controversial concept. Persons with disabilities are denied the right to make personal decisions and to participate in judicial proceedings, on the basis that they lack the requisite mental capacity. Such denial of the right to make decisions constitutes a violation of the long established and non-derogable right to legal capacity enshrined in article 12 of the CRPD. The paper discusses the implementation of article 12 of the CRPD in Kenya. It examines the conflation of legal capacity and mental capacity for persons with disabilities and interrogates the approaches employed in the determination of mental capacity. Furthermore, the paper examines different Acts of Parliament in Kenya and discusses their level of compliance with article 12 of the CRPD.

Human rights defenders in Moldova

At the international level, the subject of human rights defenders has grown. The European Union's human rights guidelines provide practical guidance to EU representatives around the world, one of the main being - the protection of human rights defenders. Parliament's resolutions aim to raise public awareness of human rights violations, support human rights defenders and shape EU human rights policy through concrete policy proposals.

SUSTAINABLE DEVELOPMENT GOALS, RECEPTION AND DECENT WORK OF THE MIGRANT IN BRAZIL

Achieving the Sustainable Development Goals, through the accomplishment of its goals, is a global challenge that aims to reduce national and international inequalities. This article aims to analyze the reception and decent work of immigrants in Brazil and the Sustainable Development Goals n. 8 and 10, goals 8.5, 8.8 and 10.7, as well as the new Brazilian Migration Law, which innovates when treating the immigrant as a subject of human rights, corroborating the goals and enabling the implementation of public policies aiming at better living conditions for the immigrant who is in national territory. The research is qualitative with a deductive method. Regarding the objectives, it has an exploratory, descriptive and bibliographic character. As for the means, it will be done by bibliographic and documentary survey, with analysis of the relevant legislation. It concludes that Brazil is advancing in relation to migration policy, but there is still a long way to reach the proposed goals of the 2030 Agenda for the transformation of the Brazilian reality through the achievement of the Sustainable Development Goals

Premature release of old age, terminally ill prisoners confined in jails in Pakistan: Cross Cutting Themes and Policy Imperatives

As subject of human rights evolved, it is recognized by different jurisdictions across the globe that confinement of an old age and terminally ill prisoner in prison amidst peculiar settings of jail coupled with lack of health care facilities constitute inhuman and degrading treatment. Simultaneously, these prisoners have become harmless and no risk to public safety and security. On the subject, Pakistan PrisonsRules, 143 and 146 bind prisons authorities to submit the cases of serious illness, old age and infirmity to the government for their premature release, by exercising its power under section 401Cr.P.C, to ‘suspend the execution of sentence or remit the whole or any part of the punishment to which he has been sentenced’.As per available record, the Punjab Provincial Government never exercised this power. Resultantly, old and terminally ill prisoners are not released on compassionate grounds. This research paper attempts to find answer to the question why prisoners are not released on the compassionate ground. By analyzing legal and social complications surrounding premature release of prisoner, the paper concludes with recommendation.

Adonisi v Minister for Transport and Public Works: Western Cape: An ‘aesthetic’ reading

This article proposes an aesthetic reading of the recent decision of the Western Cape High Court in the case of Adonisi v Minister for Transport and Public Works: Western Cape. The aesthetic reading pursued here is advanced through the work of Jacques Rancière on the aesthetics of politics. The article sets out to establish an understanding of Rancière’s key concept of the ‘distribution of the sensible’. It then proposes a theoretical alignment of the concept with Carl Schmitt’s concept of nomos. The purpose of such an alignment is to draw out the aesthetic relationship between space and law in the South African context – a relationship which is not only co-constitutive but also foundational. The article then proposes that an instance of Rancière’s version of politics occurs in the Adonisi case, by virtue primarily of the fact that Ms Adonisi asserted a presupposed equality in the dispute – an equality which was not available to her in the post-apartheid distribution of the sensible and an equality in which the court participated politically. The article concludes with a Rancièrian reconsideration of the subject of human rights in the context of recent expressions by Tshepo Madlingozi.

The punishment as ritual of initiation in Indigenous Justice: Women mothers, social fighters and intellectual training Ayuujk (Oaxaca, México)

Single mothers, social fighters and protagonists of the indigenous student movement in the struggle for community education in the Normal Experimental School of Cempoaltepelt have organized themselves in the lost decade in Latin America. The experience of the Ayuujk women spans different political actions as organic intellectual. It is crucial for the formation of indigenous autonomy in Santa María Tlahutoltepec, Mixe (Oaxaca, Mexico). Therefore, the professionalization of the leadership of indigenous women in the international arena needs rethinking in a diachronic perspective. The significance that “punishment” has for them, as a “ritual of initiation” in the attempt to access spaces of community participation in the system of charges, leading to becoming the subject of human rights, allows us to rethink the meaning acquired by female leaders in indigenous communities in four historical blocs: crisis of institutional indigenism, penetration of the State, struggle for community education and experiences of political actors as leaders. In short, before 1995, the Ayuujk women’s movement within the Oaxaca indigenous movement has revealed the reconfiguration of the nation-state and its shift to the neoliberal Pluricultural State.

Contested Subjects of Human Rights: Trans‐ and Gender‐variant Subjects of International Human Rights Law

AbstractGendered identities and gender variance have become a regular subject of the discourse of the United Nations human rights protection mechanisms. This article explores the manner in which gender identities are discussed, constructed, and regulated by the international human rights law system. Through use of postcolonial and feminist theoretical lenses, it argues that the emergence of multiple gendered identities into the legal mainstream has required the United Nations human rights bodies to expand their concepts of gender and to develop a new vocabulary and jurisprudence of gender variance. The article examines the language used in the construction of gendered subjects and its relationship to dynamics of state and postcolonial power. It also introduces the concept of the ‘cisgender matrix’ to international human rights law, expressing the hierarchical social privilege given to binary, stable gendered identities over gender‐variant ones.

Philosophy with children and education for human rights - including workshop examples1

Philosophy with children officially begins with Matthew Lipman who initiated it in the 1970s. He was prompted to do so by the fact that his students struggled with critical thinking. This encouraged him to establish the Institute for the Advancement of Philosophy for Children at Montclair State University. Even though the movement has faced some criticism, it continues to spread around the world. The reason for this are the methods used, i.e. stories, games, conversations, questions, etc., as well as the topics analysed. Philosophy with children addresses numerous topics, while this paper will focus on human rights, more specifically, what human rights are, what the most important human rights are, and how they might be violated. In order to make this subject matter more accessible to children, at the end of the paper, an overview of two workshops is given, which may be applied to the subject of human rights in practicing philosophy with children.

Nationalism, Human Rights, and the Prospects to Peace

The article exposes the issues of human rights and the prospects for peace in the context of the analysis of the concepts of sovereignty and nationalism. Such an analysis is conducted in the face of a trend towards globalism, cosmopolitanism and liberal internationalism inherent in the world today, on the one hand, and the growing trend of nationalism and violations of human rightson a massive scale by some states, on the other.The evolution of the concept of state sovereignty is considered. The first – the original – is manifested in the principle of sovereign equality and is based on such a human right as the right to self-determination. The second is the concept of “conditional sovereignty”, or “sovereignty as responsibility” as a look at the legitimacy of the state through human rights. It is associated with theactivities of UN institutions, when the state began to be considered as a servant of its people, and individual sovereignty (rights and freedoms of each individual person) was strengthened. The third concept is “sovereignty as fiduciaries of humanity”: sovereign fiduciaries will fulfill their obligation to humanity by collaborating with private as well as public actors. In the context of transnationalthreats, such rethinking the state sovereignty is the best hope for peace.In the last part, the idea of the incompatibility of nationalism in its current form with realistic world politics is developed. Modern nationalism is losing its historical progressiveness, becoming indifferent to the subject of human rights. The gravest threats to peace and to human rights require an internationalist response, politics increasingly tilts toward nationalism. It is concluded that thelatter is only a symptom of today’s disease, and not its treatment. The cure is adopting the standpoint of humanity, and inventing political and legal institutions.

Ancient Vedic Literature and Human Rights: Resonances and Dissonances

The Vedic literature constitutes the fulcrum of Sanskrit literature and is repositories of some fundamental concepts of human rights. This manuscript endeavors to decode the tenets of human rights concealed in the Vedic texts. It further endeavors to view a connection between archaic Vedic literature and human rights and approaches the subject of human rights from the perspectives of Vedic texts. As an articulated concept, human rights have distinct western inception though the elements that constitute the concept postulate different cultural forms and are found in sundry civilizations of which one is Vedic civilization. The Vedic rights are certainly not akin to modern-day human rights but then it would not be feasible to expect much from the texts that are approximately 3500 to 4000 years old. Though the Vedic literature vividly resonates with some rudimentary conceptions of human rights, the relationship between Vedic literature and human rights is not entirely smooth and tension free. This manuscript withal fixates on the incongruities subsisting between Vedic literature and human rights.