Cultural brokerage and translation of human rights in the face of cultural opposition: A case of deliberative activism in Israel

2021 ◽  
pp. 1-18
Author(s):  
Kineret Sadeh
Keyword(s):  
Human Rights ◽  
The Face ◽  
Cultural Brokerage

Óscar Romero and the Politics of Sainthood

2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson
Keyword(s):  
Human Rights ◽  
Civil War ◽  
El Salvador ◽  
The Other ◽  
Post Colonial ◽  
Holy See ◽  
The Poor ◽  
The Face ◽  
Crisis Of Modernity ◽  
The One

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization

scholarly journals The Law Challenged and the Critique of Identity with Emmanuel Levinas

2021 ◽  
Author(s):  
Susan Petrilli
Keyword(s):  
Human Rights ◽  
Emmanuel Levinas ◽  
Object Relation ◽  
Legal Order ◽  
The Other ◽  
Ethical Orientation ◽  
New Humanism ◽  
Present Essay ◽  
The Face ◽  
The Subject

AbstractIdentity as traditionally conceived in mainstream Western thought is focused on theory, representation, knowledge, subjectivity and is centrally important in the works of Emmanuel Levinas. His critique of Western culture and corresponding notion of identity at its foundations typically raises the question of the other. Alterity in Levinas indicates existence of something on its own account, in itself independently of the subject’s will or consciousness. The objectivity of alterity tells of the impossible evasion of signs from their destiny, which is the other. The implications involved in reading the signs of the other have contributed to reorienting semiotics in the direction of semioethics. In Levinas, the I-other relation is not reducible to abstract cognitive terms, to intellectual synthesis, to the subject-object relation, but rather tells of involvement among singularities whose distinctive feature is alterity, absolute alterity. Humanism of the other is a pivotal concept in Levinas overturning the sense of Western reason. It asserts human duties over human rights. Humanism of alterity privileges encounter with the other, responsibility for the other, over tendencies of the centripetal and egocentric orders that instead exclude the other. Responsibility allows for neither rest nor peace. The “properly human” is given in the capacity for absolute otherness, unlimited responsibility, dialogical intercorporeity among differences non-indifferent to each other, it tells of the condition of vulnerability before the other, exposition to the other. The State and its laws limit responsibility for the other. Levinas signals an essential contradiction between the primordial ethical orientation and the legal order. Justice involves comparing incomparables, comparison among singularities outside identity. Consequently, justice places limitations on responsibility, on unlimited responsibility which at the same time it presupposes as its very condition of possibility. The present essay is structured around the following themes: (1) Premiss; (2) Justice, uniqueness, and love; (3) Sign and language; (4) Dialogue and alterity; (5) Semiotic materiality; (6) Globalization and the trap of identity; (7) Human rights and rights of the other: for a new humanism; (8) Ethics; (9) The World; (10) Outside the subject; (11) Responsibility and Substitution; (12) The face; (13) Fear of the other; (14) Alterity and justice; (15) Justice and proximity; (16) Literary writing; (17) Unjust justice; (18) Caring for the other.

The Decay of Consent: International Law in an Age of Global Public Goods

2014 ◽  
Vol 108 (1) ◽  
pp. 1-40 ◽  
Author(s):  
Nico Krisch
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
International Law ◽  
International Community ◽  
Global Public Goods ◽  
Community Values ◽  
International Legal Order ◽  
The Face ◽  
Common Policies ◽  
The Cost

The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly “moral” in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging “international community,” questioned the prevailing contractual models of international law and emphasized the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states’ freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed—and what we are likely to see—is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules.

scholarly journals SECURING HUMAN RIGHTS IN THE FACE OF INTERNATIONAL INTEGRATION

2011 ◽  
Vol 60 (1) ◽  
pp. 125-165 ◽  
Author(s):  
Israel de Jesús Butler
Keyword(s):  
Human Rights ◽  
International Law ◽  
Regional Level ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Governmental Organizations ◽  
The Face ◽  
International Obligations ◽  
Increasing Risk

AbstractThe continuous transfer of authority from the national sphere to inter-governmental organizations gives rise to an increasing risk that States may be mandated by their obligations under these organizations to take measures that are inconsistent with their obligations under International Human Rights Law. Drawing on the approaches of various international, regional and national jurisdictions, this article explores two possible models for restructuring International Law that could ensure that human rights obligations remain effective. The ‘international constitutional’ approach would ensure that human rights are enshrined within the ‘constitutional’ instruments of IGOs, preventing incompatible rules from emerging. The ‘parochial’ approach would ensure that human rights as protected at the national or regional level would take precedence over conflicting international obligations.

Introductory Aspects on Human Rights Violations Suffered by Indigenous Peoples during the Period of Brazilian Civil-Military Dictatorship

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Luane Flores Chuquel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Military Regime ◽  
Military Coup ◽  
Human Rights Violations ◽  
Military Government ◽  
Deductive Method ◽  
The Face ◽  
In The Beginning ◽  
The Military

This current work studies the human rights violations suffered by indigenous peoples during the period of the Brazilian CivilMilitary Dictatorship. Likewise, it makes some notes about the beginning of the violations in a moment before this dark period. On this path, even before the Military Coup was launched in the year 1964 (one thousand nine hundred and sixty-four), the Indians were already experiencing constant usurpations of their rights at the expense of irresponsibilities commanded most of the time, by those who should watch over their rights lives. As will be seen, the violation and disrespect for Human Rights in the face of these peoples ended up becoming common and gaining strength mainly in the beginning of the implementation of the military regime. Negligent attempts at acculturation and "emancipation", in addition to inconsequential contacts with isolated peoples, culminated in the destruction and predatory logging of their lands. Missing processes of terribly violating demarcations of indigenous areas promoted the expulsion of countless peoples, causing the Indians to fall into a life totally surrounded by hunger, begging, alcoholism and prostitution. All in the name of the so-called “economic advance”, which aimed at building roads, in what was called “occupation of the Amazon”? As frequently stated by the authorities at the time, the Amazon rainforest was seen and understood as a “population void” by the Military Government. According to this thought idealized by the disgusting dictators and supporters, it will be observed that the cases of violations of Human Rights have been systematically “legalized”. The life, land and culture of indigenous peoples were left in the background. Depending on this brief narrative developed through documentary research, based on a hypothetical-deductive method, the intention is to rescue the martyrdoms of that time, demonstrating what actually happened to indigenous peoples during the Military Regime, in the simplest attempt to remember or even disclose to those who are unaware of this part of history. All that said, don't you forget. So that it never happens again.

The Right to Freedom of Thought in the European Convention of Human Rights

2021 ◽  
pp. 1-34
Author(s):  
Patrick O’Callaghan ◽  
Bethany Shiner
Keyword(s):  
Human Rights ◽  
Personal Development ◽  
Industrial Revolution ◽  
European Convention ◽  
Inner Life ◽  
Article 9 ◽  
The Face ◽  
Technological Developments ◽  
Freedom Of Thought ◽  
The Right

Abstract This paper examines the right to freedom of thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 echr provides an absolute right to freedom of thought when the integrity of our inner life or forum internum is at stake. In all other cases, where thoughts have been manifested in some way in the forum externum, the right to freedom of thought is treated as a qualified right. While Article 9 echr is a core focus of this paper, we argue that freedom of thought is further supported by Articles 8, 10 and 11 echr. This complex of rights carves out breathing space for the individual’s personal development and therefore supports the enjoyment of freedom of thought in its fullest sense. Charged with ‘maintaining and promoting the ideals and values of a democratic society’ as well as ensuring that individual human rights are given ‘practical and effective protection’, this paper predicts that the ECtHR will make greater use of the right to freedom of thought in the face of the emerging challenges of the Fourth Industrial Revolution.

Interpreting Human Rights Law

2018 ◽  
pp. 115-150
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Deliberative Democracy ◽  
Final Part ◽  
Human Rights Law ◽  
Judicial Interpretation ◽  
Living Tree ◽  
Original Intention ◽  
General Terms ◽  
The Face ◽  
Changing Times

On the face of it, judges are tasked with applying the law, not making it. Yet human rights are framed in general terms, requiring judges to draw on external values to interpret. Some regard judicial interpretation as gaining legitimacy only when true to the original intention of the drafters; or the text’s natural meaning. Others regard the human rights instruments as necessarily responsive to changing times. This is the ‘living tree’ or purposive approach. This chapter explores different approaches to interpretation of human rights in a comparative context. Section II examines judges’ own values. Section III discusses originalism or the intention of the drafters; section IV considers the natural meaning of the text; while section V examines the ‘living tree’ or purposive approach. Section VI explores the notion of transformative constitutionalism. The final part draws on the ‘bounded deliberative democracy’ developed in earlier chapters to point to the way forward.

The Limits of Human Rights in Times of Armed Conflict and Other Situations of Armed Violence

2019 ◽  
pp. 305-318
Author(s):  
Andrew Clapham
Keyword(s):  
At Risk ◽  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Human Rights Law ◽  
Armed Groups ◽  
Laws Of War ◽  
Competing Demands ◽  
The Face ◽  
Armed Violence

Human rights are said to be ill-adapted to times of armed conflict or for dealing with exceptional terrorist threats. Are human rights limited by the applicability of other branches of international law including the laws of war? Are there limits to the work human rights can usefully do in situations of threatened violence when their strict application is said to put lives at risk? This chapter tackles some of the contemporary arguments surrounding the limitations of human rights law in the face of the competing demands of winning the war and killing terrorists. It focuses on killings and detention inside and outside armed conflict. It also asks whether there are limits to the obligations we can impose on armed groups.

Decline and Fall

Idi Amin ◽  
2021 ◽  
pp. 276-309
Author(s):  
Mark Leopold
Keyword(s):  
Human Rights ◽  
Social Solidarity ◽  
Human Rights Abuses ◽  
The Social ◽  
Key Factor ◽  
The Face ◽  
The Many

This chapter studies Idi Amin's downfall. It begins by detailing how the death of Anglican Archbishop Janani Luwum led to wide international condemnation and galvanised the many competing opposition groups among the exiles. Between February 28 and March 3, 1978, a closed session of the UN Commission on Human Rights finally agreed to launch a formal investigation of human rights abuses in Uganda. By the end of 1978, the Tanzanian army, with a considerably smaller number of Ugandan refugee fighters, had massed in force near the border. In January of 1979, they crossed into Uganda. The key factor in the Tanzanians' victory was the overall weakness of the Ugandan troops. The chapter then explains how Amin's regime had destroyed much of the social solidarity and national feeling which had just about held the country together in the face of ethnic rivalries under the first Obote administration. This became evident in the chaos that followed the Tanzanian invasion, and especially under Milton Obote's second regime. Finally, the chapter describes Amin's retirement and analyses how he survived in power for so long.

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