Repression and Development: The Political Contingency of Human Rights Trade-offs

1989 ◽  
pp. 305-328 ◽  
Author(s):  
Jack Donnelly
2020 ◽  
pp. 324-334
Author(s):  
Nigel Biggar

There is much that is right with rights: paradigmatically, a right is a social institution designed to secure an important element of the human good; the phenomenon of a right is universal, but its forms vary according to social priorities and resources; it can promote social flourishing; and it offers a powerful means of holding states to account. However, contemporary rights-talk suffers from a number of problems: the idea that rights are ethically fundamental, rather than the conclusion of all-things-considered ethical deliberation; the refusal in practice to recognise the political and economic contingency of human rights; the imprudence of judges in presuming to invent ethically and politically controversial rights; and rights advocacy that refuses to acknowledge the need for political trade-offs or compromises. These problems have the ill effect of obscuring the importance of the formation of civic virtue, subverting the authority and credibility of rights, corroding military effectiveness, undermining the democratic legitimacy of law, and proliferating publicly expensive rights. The solution to these problems lies in the abandonment of rights-fundamentalism by judges and human rights advocates, and by the general recovery of a richer public discourse about ethics, one which includes talk about the duty and virtue of rights-holders.


Somatechnics ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 185-200
Author(s):  
Natalie Kouri-Towe

In 2015, Queers Against Israeli Apartheid Toronto (QuAIA Toronto) announced that it was retiring. This article examines the challenges of queer solidarity through a reflection on the dynamics between desire, attachment and adaptation in political activism. Tracing the origins and sites of contestation over QuAIA Toronto's participation in the Toronto Pride parade, I ask: what does it mean for a group to fashion its own end? Throughout, I interrogate how gestures of solidarity risk reinforcing the very systems that activists desire to resist. I begin by situating contemporary queer activism in the ideological and temporal frameworks of neoliberalism and homonationalism. Next, I turn to the attempts to ban QuAIA Toronto and the term ‘Israeli apartheid’ from the Pride parade to examine the relationship between nationalism and sexual citizenship. Lastly, I examine how the terms of sexual rights discourse require visible sexual subjects to make individual rights claims, and weighing this risk against political strategy, I highlight how queer solidarities are caught in a paradox symptomatic of our times: neoliberalism has commodified human rights discourses and instrumentalised sexualities to serve the interests of hegemonic power and obfuscate state violence. Thinking through the strategies that worked and failed in QuAIA Toronto's seven years of organising, I frame the paper though a proposal to consider political death as a productive possibility for social movement survival in the 21stcentury.


2020 ◽  
Vol 3 (1) ◽  
pp. 50-59
Author(s):  
Farhod Khatamov ◽  

This scientific article analyzes the origin of the concept of "human rights", its historical evolution and role in the political development of society. Scientific conclusions were made by summarizing the interpretations of various periods and historical stages. The study also emphasizes that the protection of human rights and freedoms occupies a special place in the development of human civilization


Author(s):  
A. FREDDIE

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.


Public Voices ◽  
2016 ◽  
Vol 14 (1) ◽  
pp. 115
Author(s):  
Mary Coleman

The author of this article argues that the two-decades-long litigation struggle was necessary to push the political actors in Mississippi into a more virtuous than vicious legal/political negotiation. The second and related argument, however, is that neither the 1992 United States Supreme Court decision in Fordice nor the negotiation provided an adequate riposte to plaintiffs’ claims. The author shows that their chief counsel for the first phase of the litigation wanted equality of opportunity for historically black colleges and universities (HBCUs), as did the plaintiffs. In the course of explicating the role of a legal grass-roots humanitarian, Coleman suggests lessons learned and trade-offs from that case/negotiation, describing the tradeoffs as part of the political vestiges of legal racism in black public higher education and the need to move HBCUs to a higher level of opportunity at a critical juncture in the life of tuition-dependent colleges and universities in the United States. Throughout the essay the following questions pose themselves: In thinking about the Road to Fordice and to political settlement, would the Justice Department lawyers and the plaintiffs’ lawyers connect at the point of their shared strength? Would the timing of the settlement benefit the plaintiffs and/or the State? Could plaintiffs’ lawyers hold together for the length of the case and move each piece of the case forward in a winning strategy? Who were plaintiffs’ opponents and what was their strategy? With these questions in mind, the author offers an analysis of how the campaign— political/legal arguments and political/legal remedies to remove the vestiges of de jure segregation in higher education—unfolded in Mississippi, with special emphasis on the initiating lawyer in Ayers v. Waller and Fordice, Isaiah Madison


Author(s):  
Julio Baquero Cruz

This chapter analyses another area of Union law that is highly controversial and relevant in structural terms—the protection of fundamental rights. It discusses the scope and standard of the protection offered at Union level, the consequences for national law, and the implications of the future accession of the Union to the European Convention on Human Rights. These issues are of fundamental importance for the integrity of Union law and of wider significance for the political understanding of the Union.


Author(s):  
Talbot C. Imlay

In examining the efforts of European socialists to forge a common position towards the issue of post-war empires, this chapter highlights some of the political stakes involved in decolonization. As debates between European and Asian socialists suggest, the process of decolonization witnessed a struggle between competing rights: national rights, minority rights, and human (individual) rights. Each set of rights possessed far-reaching political implications, none more so than minority rights, as they were often associated with limits on national sovereignty. These limits could be internal, such as constitutional restraints on the working of majority rule; but they could also take the form of external constraints on sovereignty, including alternatives to the nation state itself. The victory of the nation state, in other words, was inextricably tied to the defeat of minority rights as well as the growing predominance of human rights.


2014 ◽  
Vol 16 (4) ◽  
pp. 60-109 ◽  
Author(s):  
Evan McCormick

The Reagan administration came to power in 1981 seeking to downplay Jimmy Carter's emphasis on human rights in U.S. policy toward Latin America. Yet, by 1985 the administration had come to justify its policies towards Central America in the very same terms. This article examines the dramatic shift that occurred in policymaking toward Central America during Ronald Reagan's first term. Synthesizing existing accounts while drawing on new and recently declassified material, the article looks beyond rhetoric to the political, intellectual, and bureaucratic dynamics that conditioned the emergence of a Reaganite human rights policy. The article shows that events in El Salvador suggested to administration officials—and to Reagan himself—that support for free elections could serve as a means of shoring up legitimacy for embattled allies abroad, while defending the administration against vociferous human rights criticism at home. In the case of Nicaragua, democracy promotion helped to eschew hard decisions between foreign policy objectives. The history of the Reagan Doctrine's contentious roots provides a complex lens through which to evaluate subsequent U.S. attempts to foster democracy overseas.


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