The Political Conception of Human Rights and Its Rule(s) of Recognition

2022 ◽  
pp. 1-22
Author(s):  
Andre Santos Campos
Keyword(s):  
Human Rights ◽  
The Political ◽  
International Human Rights ◽  
States Of Affairs ◽  
Political Conception ◽  
Human Rights Practice ◽  
Actual Nature ◽  
International Human ◽  
Heuristic Device ◽  
Changing Practices

Abstract The political conception makes sense of human rights strictly in light of their role in international human rights practice, more specifically by describing how they justify interventions against states that engage in or fail to prevent human rights violations. This conception is, therefore, normative and fact-dependent. Beyond this, it does not seem to have much to say about the actual nature of international human rights practice. The argument sustained here reinterprets the political conception by resorting to a heuristic device that explains how normativity can be fact-dependent: the Hartian model. The characteristics of H.L.A. Hart’s rule of recognition are useful to determine the characteristics of human rights practice from the viewpoint of the political conception. Also, they help to overcome some of the problems typically faced by the political conception, such as whether there is only one practice or many, whether the notion of human rights becomes too contingent on the way the world is currently organised, how agents can violate content-changing practices, or how reliance on current states of affairs leaves room for criticism of those states of affairs.

Guide to International Human Rights Practice

1985 ◽  
Vol 7 (3) ◽  
pp. 447
Author(s):  
Burns H. Weston ◽  
Hurst Hannum
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Human Rights Practice ◽  
International Human

Hate-speech laws: consistency with national and international human rights law

Legal Studies ◽  
1998 ◽  
Vol 18 (4) ◽  
pp. 453-485 ◽  
Author(s):  
Dominic McGoldrick ◽  
Thérèse O'Donnell
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Political Agenda ◽  
The Political ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Anti Semitism ◽  
International Human

Racism has climbed the political agenda at national, European and international levels. Reports from national and international non-governmental organisations (NGO’s) and inter-governmental organisations have focused considerable attention on racism and xenophobia and document an increase in racism, xenophobia, anti-Semitism and race-related activities. As racism has climbed the political agendas, so there has been a substantial increase in the number of national, European and international legal instruments devoted to it. In particular, race-related restrictions on freedom of expression (‘hate-speech’) are increasing and seem likely to continue to do so. Such restrictions give rise to controversy in terms of constitutionality, legal policy and consistency with European and international human rights law. There are also differences of views between the policies of NGO's on restrictions on racist speech.

Universal Rights versus Sharia? Reflections on the Moral and Legal Dimensions of Human Rights Law and Sharia

2013 ◽  
Vol 8 (2) ◽  
pp. 139-161
Author(s):  
Elena Namli
Keyword(s):  
Human Rights ◽  
The Political ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Positive Law ◽  
The Social ◽  
Liberal Ideology ◽  
International Human ◽  
Effective Development

Abstract This article develops a critique of the monopoly of liberal ideology in the field of human rights by considering how law, morality and politics are related to each other. The author argues that the constructive potential of international human rights law does not lie in its being understood and practiced as a positive law. On the contrary, to focus on human rights law as positive law is to conceal the political nature of human rights and to prevent effective development of its moral and political potential. Further, the author considers the case of Sharia law and argues that Sharia, for it to be implemented concretely in the social, political, and legal spheres, must be understood as a moral and religious ‘way’. These interpretations of human rights law and Sharia are used as the basis for a critique of the idea that human rights law and Sharia contradict each other.

scholarly journals Māori Women, Discrimination and Paid Work: The Need for an Intersectional Approach

2020 ◽  
Author(s):  
Amanda Reilly
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
The Political ◽  
Paid Work ◽  
International Human Rights ◽  
Political Will ◽  
International Human ◽  
The Law ◽  
The Impact ◽  
Labour Regulation

New Zealand has been at the forefront of labour regulation and views itself as a leader in the field of human rights. However, this article focuses on an area where the law is underdeveloped. It argues that the ongoing socio-economic inequality of Māori women is inconsistent with social justice, New Zealand's international human rights obligations and the Treaty of Waitangi. Improving access to paid work could help to address this, but the law does not adequately address the intersectional discrimination – discrimination on multiple grounds – that Māori women and others experience. New Zealand discrimination law, in both the human rights and employment jurisdictions, is largely comparator-based which is inherently flawed as a mechanism for addressing intersectional discrimination. Moreover, the law is poorly understood and weakly enforced. New Zealand also has limited affirmative action provisions; no quotas or targets are set with regards to improving the access to paid work of Māori women and very few New Zealand employers are required to report on matters pertaining to gender equality. The article concludes that the impact of intersectional discrimination on Māori women (and others) must be recognised and addressed and that a range of options is available to do this, if the political will were present.

Sign in / Sign up

Export Citation Format

Share Document