Human Rights as Battlefields: Power Relations, Translations and Transformations—A Theoretical Framework

2018 ◽  
pp. 15-30 ◽  
Author(s):  
Gabriel Blouin-Genest ◽  
Marie-Christine Doran ◽  
Sylvie Paquerot
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Theoretical Framework

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

scholarly journals MEMÓRIA, HISTÓRIA E RELAÇÕES DE PODER * MEMORY, HISTORY AND POWER RELATIONS

2015 ◽  
Vol 4 (3) ◽  
pp. 327
Author(s):  
Sonale Diane Pastro de Oliveira ◽  
Maria Gabriela Silva Martins da Cunha Marinho
Keyword(s):  
Human Rights ◽  
Collective Memory ◽  
Transitional Justice ◽  
Power Relations ◽  
Historical Record ◽  
Military Regime ◽  
American System ◽  
The Right ◽  
The Military ◽  
Change Memory

<p><strong>Resumo:</strong> Superado o regime militar, o Brasil tornou-se signatário de acordos internacionais de defesa e promoção dos direitos humanos. Apesar disso, até recentemente, o país negligenciou princípios e fundamentos da justiça de transição previstos pelo Sistema Interamericano de Direitos Humanos, entre eles, o direito à verdade, fato que o coloca à margem daquele Sistema. O artigo pontua aspectos políticos da transição-redemocratização política que podem explicar o adiamento da instalação da Comissão Nacional da Verdade no país, criada somente em 2011, e acentua também o caráter contraditório do processo. Especificamente, a análise assinala o fato de que ao transitar da memória para a história, como pretensamente fazem as comissões da verdade, os indivíduos que se aventuram no registro histórico estarão manejando e interferindo na memória coletiva, na percepção e na identidade da qual fazem parte, o que transforma memória em poder.   <br /><strong></strong></p><p><strong>Palavras-chaves:</strong> Comissão da Verdade; Memória; Relações de Poder; Direitos Humanos; Democracia.  </p><p><strong>Abstract:</strong> Overcoming the military regime, Brazil has become signatory of the international defense agreements and promotion of human rights. Yet, until recently, the country has neglected to foundations of transitional justice provided for the Inter-American System of Human Rights, between them, the right of truth, fact that stands aside that system. The article points out political aspects of transitional policy re-democratization which may explain the setting up progress of the National Truth Committee in the country, created only in 2011, and also emphasizes the contradictory procedure. Specifically, the analysis indicates the fact that going through memory to history, the way supposedly the Truth Committees do, the individuals who venture into a historical record will be managing and interfering in the collective memory, perception and identity from which they take part and change memory into power.  <br /><strong></strong></p><p><strong>Keywords:</strong> The Truth Committee, Memory and Power Relations, Human Rights, Democracy.<strong> </strong></p>

‘To Speak of Cattle is to Speak of Man’: Anthroparchal Interactions in John Connell’s The Farmer’s Son

2021 ◽  
Vol 66 (4) ◽  
pp. 329-351
Author(s):  
Paul Mihai Paraschiv ◽  
Keyword(s):  
Gender Relations ◽  
Human Subject ◽  
Power Relations ◽  
Theoretical Framework ◽  
Farming Practices ◽  
Nonhuman Animals ◽  
Recent Developments ◽  
Insight Into

“To Speak of Cattle is to Speak of Man”: Anthroparchal Interactions in John Connell’s The Farmer’s Son. The present paper intends to build a critique of contemporary farming practices, based on Erika Cudworth’s theory of “anthroparchy.” By exemplifying how anthroparchal interactions function in John Connell’s memoir, I will outline the becoming of a posthuman farmer that awakens certain sensibilities towards nonhuman animals, in ways that compel a rethinking of gendered relations, patriarchy, violence, and capitalist interests. The analysis provides a needed insight into recent developments in Irish rural farming, detailing the position of the human subject in relation to nonhuman otherness and describing some of the changes that need to be made regarding the power relations that are at work within patriarchal systems. To this extent, Cudworth’s theoretical framework and Connell’s memoir are proven to be contributing to the necessary restructuring of farming practices and of human-nonhuman interactions. Keywords: anthroparchy, posthumanism, gender relations, zoomorphism, capitalism, farming

Disability in International Human Rights Law

2021 ◽  
Author(s):  
Gauthier de Beco
Keyword(s):  
Human Rights ◽  
Theoretical Framework ◽  
Social Model ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Subject ◽  
Human Rights Treaties ◽  
International Human ◽  
International Instruments

This book examines what international human rights law has gained from the new elements in the UN Convention on the Rights of Persons (CRPD). It explores how the CRPD is intricately bound up with other international instruments by studying the relationship between the Convention rights and those protected by other human rights treaties as well as the overall objectives of the UN. Using a social model lens on disability, the book shows how the Convention sheds new light on the very notion of human rights. In order to so, the book provides a theoretical framework which explicitly integrates disability into international human rights law. It explains how the CRPD challenges the legal subject by drawing attention to distinct forms of embodiment, before introducing the idea of the ‘dis-abled subject’ stemming from a recognition that all individuals encounter disability-related issues in the course of their lives. The book also examines how to apply this theoretical framework to a number of rights and highlights the consequences for the implementation of human rights treaties as a whole. It not only builds upon available literature straddling different fields, which include disability studies and legal and political theory, but also draws upon the recommendations of treaty bodies and reports of UN agencies as well as disabled people’s organisations. The book provides an agenda-setting analysis for all human rights experts by inviting them to appreciate the benefits of placing disabled people at the heart of international human rights law.

Translating Rights

Reified Life ◽  
2018 ◽  
pp. 148-174
Author(s):  
J. Paul Narkunas
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Power Relations ◽  
International Criminal ◽  
Criminal Court ◽  
Natural Rights ◽  
Political Aesthetics ◽  
The Creation

This chapter describes how English and French as the de jure languages of human rights at the International Criminal Court. As a result, populations who do not adhere to Western Enlightenment notions of rights can be declared terrorists or “enemies of humankind.” By tracing the workings of translation in the ICC through the Thomas Lubanga trial, the author discusses how translation can deny human status to those brought before the ICC. It also provides, however, the means to challenge the legitimacy of the court as merely another sign of universalizing western justice, solidified by the fact that all people brought before the ICC come from the continent of Africa. By focusing on how language produces reality, the creation of natural rights claims allow for new forms of political protection in the chasm between differing legal orders. Consequently, thinking the role of translation as metaphor and practice for world making and the production of agency is an inchoate form of political aesthetics. Translation may offer, thus, a way to reconceive the human and its attendant rights due to language’s role in world making, subject production, and power relations. This indicates a form of ahuman agency.

1. The aims and values of ‘criminal justice’

2021 ◽  
pp. 1-52
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Due Process ◽  
Crime Control ◽  
Theoretical Framework ◽  
Core Values ◽  
Recent Trends ◽  
Anglo American ◽  
Analytical Tools ◽  
Bare Minimum

This chapter discusses the nature, structure, values and objectives of ‘criminal justice’, together with recent trends, primarily in England and Wales. This includes examining the concepts of guilt and innocence, and the difficulty of ‘proving’ either in many cases; the adversarial nature of the Anglo-American system, contrasted with the inquisitorial approaches that traditionally underpin ‘European’ systems; and the analytical tools of ‘crime control’ and ‘due process’. The importance, and limitation, of the human rights approach in criminal justice is discussed, along with the increasing influences of managerialism and neoliberalism. The chapter then looks at how victims are catered for in these various approaches. It concludes that human rights provide only a bare minimum of protection for suspects and victims alike, and that the system is more exclusionary than inclusionary. Thus a new theoretical framework is proposed that is centred on ‘freedom’, which would prioritise three ‘core values’: justice, democracy and efficiency.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 32 Reparation Procedures

2018 ◽  
Author(s):  
d’Argent Pierre ◽  
de Ghellinck Isabelle
Keyword(s):  
Human Rights ◽  
Theoretical Framework ◽  
Historical Background ◽  
International Level ◽  
Human Right ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right ◽  
Procedural Aspect

Principle 32 deals with the procedural aspect of the right to reparation, that is, the right for victims of human right violations to access remedial procedures. It addresses three issues: the right to access remedial procedures, procedural requirements of national reparation programmes, and regional and international procedures. While the obligation of states to provide effective remedies is enshrined in most of, if not all, the key international human rights treaties, Principle 32 provides for a right to all victims to access remedies. ‘Reparation’ and ‘remedies’ are both envisioned as victims’ rights, but the distinction between them is vague. After providing a contextual and historical background on Principle 32, this chapter discusses its theoretical framework and how the reparation procedure, judicial or administrative, dealing with gross violations of human rights at national or international level has been implemented.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 29 Restrictions on the Jurisdiction of Military Courts

2018 ◽  
Author(s):  
Aoláin Fionnuala Ní
Keyword(s):  
Human Rights ◽  
International Law ◽  
Theoretical Framework ◽  
Historical Background ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Domestic Courts ◽  
Military Law ◽  
The Right ◽  
The Military

Principle 29 deals with restrictions on the jurisdiction of military courts. Under this Principle, the adjudication of human rights violations by military courts is explicitly excluded, and ordinary domestic courts are mandated as the only appropriate venue of judicial oversight. Nevertheless, military courts remain functionally important for the routine and uncontroversial deployment of military law consistent with international law. The chapter first provides a contextual and historical background on Principle 29 before discussing its theoretical framework and how military courts are used in various countries such as Ireland and Turkey. Issues arising when civilians find themselves within the jurisdiction of military courts are also examined, along with the difficulties of ensuring fair trials in military courts. This chapter shows that military courts, while certainly serving important functions within the military forces of states, remain subject to human rights and humanitarian law compliance.

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