Joseph McCartin Responds to Lance Compa, Gay Seidman, and Richard McIntyre

2011 ◽  
Vol 80 (1) ◽  
pp. 184-188
Author(s):  
Joseph McCartin

First, I would like to offer my thanks to Lance Compa, Richard McIntyre, and Gay Seidman for their thoughtful responses to my essay. One could not find three more accomplished scholars with whom to engage in this discussion. Each in their own way has sharpened our thinking about the relationship of labor rights to human rights—Compa through a lifetime of inspiring organizing and writing, Seidman through her eloquent defense of human rights-based labor activism, Beyond the Boycott: Labor Rights, Human Rights and Transnational Activism, and McIntyre through his sharp interrogation of this activism in Are Worker Rights Human Rights? Not only do they bring well-honed critiques to bear in discussing my argument, they are generous and fair-minded. I'm grateful to them for prodding me to clarify my thinking.

2010 ◽  
Vol 23 (3) ◽  
pp. 507-527 ◽  
Author(s):  
DANIEL JOYCE

AbstractThis article considers the relationship of international law and the media through the prism of human rights. In the first section the international regulation of the media is examined and visions of good, bad, and new media emerge. In the second section, the enquiry is reversed and the article explores the ways in which the media is shaping international legal forms and processes in the field of human rights. This is termed the ‘mediatization of international law’. Yet despite hopes for new media and the Internet to transform international law, the theoretical work of Jodi Dean warns of the danger to democracy of commodification through the spread of ‘communicative capitalism’.


2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.


2020 ◽  
pp. 159-181
Author(s):  
Lea Raible

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.


Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.


Legal Studies ◽  
2008 ◽  
Vol 28 (3) ◽  
pp. 327-336 ◽  
Author(s):  
Stephen Sedley

Proposals for a new constitutional settlement have highlighted issues, many of them factitious, about the Human Rights Act. This paper suggests that the relationship of rights to duties is poorly understood, and that the majority of recognised rights already carry corresponding duties, but that to try to make the enjoyment of rights conditional on the fulfilment of duties is neither principled nor practicable. It is suggested that, using mutual respect as a sounder basis, a larger Bill of Rights can be contemplated. But good constitutions cannot be willed into being: pending the arrival of a constitutional moment, reform is likely to be a process of interest-group wrangling in which the most that can be looked for are some modest but necessary reforms.


2014 ◽  
Vol 4 (8) ◽  
pp. 1-10
Author(s):  
Senthil Kumar

Subject area Governance challenges in reverse value chain. Study level/applicability Women employment system in textile and clothing industry. Case overview The textile and clothing firms, often frustrated by frequent labor issues, used an innovative employment scheme – Sumangali scheme – to employ young female workers from poor families in rural areas, aged between 18 and 25 years, as apprentices for three years who would stay in dormitories located in the vicinity of the factories, draw low wages with minimum benefits. But the scheme was criticized by labor unions and Europe- and US-based non-governmental organization (NGOs) on the grounds of alleged violation of labor rights such as freedom of association, freedom of movement, exploitative working conditions, low wages with minimum or no benefits, long working hours and abusive supervisors. Their public campaign against the alleged employment practices has put tremendous pressure on the global buyers to take steps to ameliorate the situation. In the wake of campaign by NGOs, few buyers have even terminated the relationship with the manufacturers. Others have warned action against those erring manufacturers. The actions by global buyers, NGOs against some of the women employment practices raised several questions in the minds of manufacturers. They were wondering why US- and Europe-based NGOs were up in arms to dump an employment scheme unmindful of socio-economic realities in India? Is it a clever ploy that developed nations use some private, voluntary, corporate social responsibility norms to stop companies purchasing textile and clothing products from a developing country like India on the grounds of violation of labor rights? As per the International Labor Organization (ILO) Convention No. 81, it is the responsibility of central/state governments to inspect and monitor labor employment practices in an industry. Then why NGOs and other private groups volunteer to become watch dogs of labor practices and launch campaigns against mills? Would it not undermine the role of government in ensuring industrial harmony? Even if NGOs' actions are justified on the grounds of moral and ethical principles, what role should they play when it comes to management–worker relationship? In the Indian context, only the government can interfere if the relationship turns sour? Should NGOs need to use a different set of ethical standards which are more relevant and contextual to the socio-economic environment in India? Expected learning outcomes To understand evolution of apparel global value chain and workforce development challenges in India; to explore the link between consumer activism and corporate social responsibility; to explore the challenge of addressing issues such as alleged human rights violation and labor exploitation by independent suppliers located in India; to explore the challenges faced by global buyers in contextualizing, operationalizing and realizing certain human rights along the supply chain located in India; and to explore sustainability challenges of women employment in textile and clothing mills in India. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email [email protected] to request teaching notes. Social implications Sustenance of women employment system in India's textile and clothing industry and its associated challenges.


2011 ◽  
Vol 79 (1) ◽  
pp. 48-61
Author(s):  
Robyn Magalit Rodriguez

AbstractHow do migrants assert their rights as workers when they do not enjoy the rights of citizenship in their countries of employment and are unable to assert their human rights through international conventions? This article focuses on the work of Migrante-International's Middle East chapter in Saudi Arabia. Specifically, it examines the ways Philippine migrants strategically assert their rights as Philippine citizens transnationally in local labor struggles. This case study of transnational labor activism in a region where migrant workers enjoy limited rights not only highlights how migrants exercise their agency in spite of major obstacles, but it also offers up novel ways to think about worker organizing within the context of contemporary neoliberal globalization for labor activists and scholars concerned with the labor rights of migrants.


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