The social construction of human rights

Refuge ◽  
1998 ◽  
pp. 31-36
Author(s):  
Maryanna Schmuki

This paper explores the social construction of women refugees from the perspective of the human rights regime with an eye to revealing whether the voices of refugee women are reflected. To this end the paper examines the development of women refugees as a category within human rights discourse and how this category has been bolstered by the concept of women's human rights within the last decade.


2019 ◽  
Vol 11 (2) ◽  
pp. 357-372
Author(s):  
Alicia Ely Yamin

Abstract Like other contributors to this special issue and beyond, I believe we are at a critical inflection point in human rights and need to re-energize our work broadly to address growing economic inequality as well as inequalities based on different axes of identity. In relation to the constellation of fields involved in ‘health and human rights’ specifically—which link distinct communities with dissonant values, methods and orthodoxies—I argue that we also need to challenge ideas that are taken for granted in the fields that we are trying to transform. After setting out a personal and subjective account of why human rights-based approaches (HRBAs) are unlikely to be meaningful tools for social change as they are now generally being deployed, I suggest we collectively—scholars, practitioners and advocates—need to grapple with how to think about: (1) biomedicine in relation to the social as well as biological nature of health and well-being; and (2) conventional public health in relation to the social construction of health within and across borders and health systems. In each case, I suggest that challenging accepted truths in different disciplines, and in turn in the political economy of global health, have dramatic implications for not just theory but informing different strategies for advancing health (and social) justice through rights in practice.


2018 ◽  
Vol 22 (1) ◽  
pp. 27
Author(s):  
Russell Solomon

Interpreting human rights statutes through their objectives encourages their description as empowering instruments with their hortatory language emphasising the potential of each instrument to protect and promote rights. This article examines Victoria’s Equal Opportunity Act 2010 (Vic) and Charter of Rights and Responsibilities Act 2006 (Vic) through a different lens and argues that a focus on their limitations and derogations offers a better understanding of the nature and extent of the human rights protection that each purports to provide.These limitations are no mere peripheral encumbrances and help shape the rights protecting functions of each statute. This article adopts a social constructivist approach to explain how, as socially constructed instruments, the operation of the limitations reveals an ambivalent role for each statute. The design and functionality of each statute, with their self-limiting provisions, means that each acts to sustain as well as challenge the existing power relationships and social arrangements.


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