Engaged Surrender in the Void: Post-Secularist “Human” Rights Discourse and Muslim Feminists [sic]

2006 ◽  
Vol 22 (1) ◽  
pp. 131-151
Author(s):  
Emily Albrink Hartigan
Keyword(s):  
Human Rights ◽  
Cultural Difference ◽  
The Subject ◽  
Cultural Choice ◽  
Rights Discourse ◽  
Human Rights Discourse

“Human” rights discourse is inherently multicultural, and multicultural discourse is messy. The academese for that goes something like this: I am an “agnostic and ambivalent subject of a double, decentered multicultural choice” (see the following quotations) and my text comes from a minority stance in a “different context.”“[A]ffirmative multi-culturalism” can bring no such closure and composure to the subject of cultural choice. Its subjectivity is performatively constituted in the very tension that makes knowledge of cultural difference dense, conglomerative, and nondeliberative. What emerges is an agonistic and ambivalent subject of a double, decentered multicultural choice. (emphasis added)—Homi K. Bhabha

7. Contemporary Critiques of Human Rights

2016 ◽  
Author(s):  
David Chandler
Keyword(s):  
Human Rights ◽  
International Law ◽  
Military Intervention ◽  
Legal Subject ◽  
The Subject ◽  
The Creation ◽  
Rights Discourse ◽  
Kosovo War ◽  
Human Rights Discourse ◽  
The Relationship

This chapter examines contemporary critiques of human rights, focusing on the downside of human rights claims — what is commonly understood by advocates of human rights to be the ‘misuse’ or ‘abuse’ of human rights. It first considers how human rights claims conflate ethical and legal claims because the subject of rights is not a socially constituted legal subject. It then discusses the rise of human rights as well as the relationship between human rights claims and international interventions such as humanitarianism, international law, and military intervention. In particular, it analyses the ethical, legal, and political questions raised by the Kosovo war. The chapter shows that there is a paradox at the heart of the human rights discourse, which enables claims made on behalf of victims, the marginalized, and excluded to become a mechanism for the creation of new frameworks for the exercise of power.

scholarly journals Self-determining Multiculturalism

2015 ◽  
Vol 8 (2) ◽  
pp. 55-66
Author(s):  
Laine Schultz
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
Cultural Difference ◽  
Minority Groups ◽  
Self Determination ◽  
Nation State ◽  
Top Down ◽  
First Peoples ◽  
Rights Discourse ◽  
Human Rights Discourse

The burgeoning human rights discourse of the twentieth century inspired new attention to the location of minority groups within the nation-state and their experiences of violence, discrimination and inequality. The result has been attempts by the nation to address the diversity of its population through the recognition of cultural difference. Attending to two particular rights claims—those of Indigenous self-determination and multiculturalism—we can find a tendency toward subsuming the former within those of the latter. This is a move that results from a top-down approach to the recognition of difference, reproducing colonialist priorities and jurisprudence, and significantly undermining the goals and meanings of Indigenous self-determination. By contrast, when self-determination is approached from the bottom-up, we can gain new perspectives on the meanings of this Indigenous right, expanded to encompass a range of relationships, all crucially built in response to Indigenous identities as First Peoples.

scholarly journals The Form and Content of Human Rights Film: Teaching Larysa Kondracki’s The Whistleblower

2016 ◽  
Vol 104 ◽  
pp. 38-47 ◽  
Author(s):  
Sarah Hamblin
Keyword(s):  
Human Rights ◽  
Ethical Issues ◽  
Human Rights Education ◽  
Raising Awareness ◽  
The Subject ◽  
Rights Discourse ◽  
And Function ◽  
Human Rights Discourse ◽  
Rights Issue

This essay argues that the consistent association of human rights film with historical accuracy as a means of raising awareness has led human rights education to focus on filmic content, with fiction films being used primarily as case studies about particular atrocities or as opportunities to discuss more general ethical issues. While the subject matter of human rights films is certainly a major component of human rights education, I maintain that this singular focus prohibits students from examining how a film is situated within a specific matrix of geopolitical power relations and cultural presuppositions. This presumption of truth thus normalizes a westernized worldview, obscuring its ideological foundations and the geopolitical structures that give human rights discourse its universality and function. Using Larysa Kondracki’s The Whistleblower as a teaching case study, this essay demonstrates how an attention to stylistic and generic conventions helps us understand how a film may educate about a particular human rights issue while at the same time propagate the very logics of geopolitical inequality that are implicated in its emergence.

Housing as a Basic Human Right: A Reflection on South Africa

2019 ◽  
Vol 31 (1) ◽  
Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Development ◽  
Urban Poor ◽  
Active Role ◽  
Human Right ◽  
Economic Rights ◽  
Development Agenda ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

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