Feminist Philosophy of Human Rights

2021 ◽  
Author(s):  
Diana Tietjens Meyers
Keyword(s):  
Human Rights ◽  
Global Justice ◽  
Feminist Philosophy ◽  
Bodily Integrity ◽  
Philosophical Work ◽  
Future Directions ◽  
Feminist Theories ◽  
Global North ◽  
The Right ◽  
Feminist Practice

This chapter offers an account of central issues and themes in feminist philosophical work on human rights, including examples of important contributions to this discussion, as well as current and future directions. Major feminist theories of the grounding of human rights are presented together with feminist critiques of human rights as a basis for feminist practice. Genocidal rape and the right to bodily integrity, the right to care and the care drain from the Global South to the Global North, and the feminization of poverty in the context of global justice are discussed in detail. Issues concerning women’s agency within diverse cultural contexts punctuate these discussions.

scholarly journals The global politics of human rights: From human rights to human dignity?

2018 ◽  
Vol 40 (2) ◽  
pp. 279-290 ◽  
Author(s):  
Salvador Santino F Regilme
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Global Justice ◽  
Global Politics ◽  
Economic Governance ◽  
Political Rights ◽  
International Human Rights ◽  
Economic Rights ◽  
Global North ◽  
Global Economic Governance

This review essay highlights the limitations and possibilities of a global human rights order based on analysis of five recently published books about human rights. The main argument states that reform of the global human rights order requires not only a shift to a more emancipatory notion of human dignity but also an emphasis on global justice and material compensation within and between the Global North and Global South. Human dignity, in this essay, embraces all types of human rights claims, ranging from political rights to socio-economic rights, among many others. The essay proposes a three-pronged reform of international human rights: (1) a shift from Western human rights to the more inclusive and pluralist notion of human dignity; (2) the promotion of global justice by rewriting the rules of global economic governance; and (3) mandatory political education on human rights and human dignity.

scholarly journals The ‘Right to Have Rights’ 65 Years Later: Justice Beyond Humanitarianism, Politics Beyond Sovereignty

2017 ◽  
Vol 10 (1) ◽  
Author(s):  
Katherine Howard
Keyword(s):  
Human Rights ◽  
Global Justice ◽  
Global Scale ◽  
Global Politics ◽  
The Political ◽  
Human Beings ◽  
Practical Application ◽  
Political Situation ◽  
Human Cost ◽  
The Right

Readers of Hannah Arendt’s now classic formulation of the statelessness problem in her 1951 book The Origins of Totalitarianism abound at a moment when the number of stateless peoples worldwide continues to rise exponentially. Along with statelessness, few concepts in Arendt scholarship have spawned such a volume of literature, and perhaps none have provoked as much interest outside of the field of philosophy, as ‘the right to have rights.’ Interpreting this enigmatic term exposes the heart of our beliefs about the nature of the political and has important consequences for how we practice politics on a global scale because it implicitly takes plural human beings, and not the citizen, as its subjects. Arendt’s conceptualization of this problem remains unsurpassed in its diagnosis of the political situation of statelessness, as well as its intimate description of the human cost of what she refers to as ‘world loss,’ a phenomenon that the prevailing human rights and global justice discourse does not take into account. And yet, as an alternative framework for thinking about global politics, the right to have rights resists easy interpretation, let alone practical application.

Health Information Technology and Human Rights

2015 ◽  
pp. 1381-1392
Author(s):  
Shane O'Hanlon
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Electronic Health Records ◽  
Health Information Technology ◽  
Health Information ◽  
Health Data ◽  
Future Directions ◽  
The Right To Privacy ◽  
Legal Provisions ◽  
The Right

Information technology has the potential to transform healthcare and eradicate many of the inequities seen in the area. However, the use of electronic means to process sensitive health data poses significant risks. Electronic health records have been designed to be more secure than traditional paper records, but there have been notable cases where data has been lost, stolen, or viewed by unauthorised persons. Misuse of health information technology can result in severe violations of human rights. In particular, the right to privacy can be eroded by inappropriate protections, which still exist in some health systems. This chapter describes the rights framework in healthcare, analyses legal provisions for protection of health data, considers why such protections are necessary, outlines examples of rights violations, and proposes future directions.

scholarly journals Intellectual disability rights and inclusive citizenship in South Africa: What can a scoping review tell us?

2018 ◽  
Vol 7 ◽  
Author(s):  
Charlotte Capri ◽  
Lameze Abrahams ◽  
Judith McKenzie ◽  
Ockert Coetzee ◽  
Siyabulela Mkabile ◽  
...  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Intellectual Disability ◽  
Scoping Review ◽  
Data Extraction ◽  
Meta Analysis ◽  
Bodily Integrity ◽  
Eligibility Criteria ◽  
The Right ◽  
Future Work

Background: Intellectual disability (ID) is the most prevalent disability in the world. People with intellectual disability (PWID) frequently experience extreme violations of numerous human rights. Despite greater prevalence in South Africa than in high-income countries, most ID research currently comes from the Global North. This leaves us with few contextually sensitive studies to draw from to advance inclusive citizenship.Objectives: Our scoping review aims to investigate pertinent ID rights issues in South Africa, synthesise quantitative and qualitative studies, and provide a synopsis of available evidence on which to base future work. We aim to clarify key concepts, address gaps in the literature and identify opportunities for further research.Method: We followed strict eligibility criteria. Medical subject heading terms were entered into seven databases. Seven reviewers worked independently, two per paper. Quantitative and qualitative data extraction forms were designed. We followed Preferred Reporting Items for Systematic Review and Meta-Analysis (PRISMA) guidelines and registered a protocol. An inductive approach enabled a thematic analysis of selected studies.Results: By following PRISMA guidelines, 82 studies were assessed for eligibility of which 59 were included. Ten sub-themes were integrated into four main themes: the right not to be discriminated against, the right to psychological and bodily integrity, the right to accommodating services and challenges to rights implementation.Conclusion: People with intellectual disability face compound difficulties when trying to assert their constitutionally entitled rights. This ongoing project requires serious commitment and action. Statutory obligations to nurture every South African’s human rights naturally extend to PWID and their supporters who forge ahead in a disabling environment.

scholarly journals Against the Right to Bodily Integrity: Of Cyborgs and Human Rights

2017 ◽  
pp. 73-130
Author(s):  
Gowri Ramachandran†
Keyword(s):  
Human Rights ◽  
Bodily Integrity ◽  
The Right

scholarly journals Race and the regulation of international migration. The ongoing impact of colonialism in the case law of The European Court of Human Rights

2021 ◽  
pp. 092405192110539
Author(s):  
Karin de Vries ◽  
Thomas Spijkerboer*
Keyword(s):  
Human Rights ◽  
Predominantly White ◽  
Racial Discrimination ◽  
Case Law ◽  
White Population ◽  
European Court ◽  
Migration Control ◽  
Global North ◽  
The Right ◽  
Migration Law

In the case law of the European Court of Human Rights (ECtHR) the right of States to control migration is firmly established despite strong indications that the effects of migration control are not racially neutral. In this article we attempt to understand how it is possible that the doctrine of sovereign migration control is not considered to breach the prohibition of racial discrimination. We argue that the ECtHR’s approach to migration and racial discrimination fits a pattern in the historical development of migration law whereby the right to travel, and the power of States to restrict this right, have been consistently defined in such a way as to protect the interests of the predominantly white population of today's global North. Hence, the ease with which the racialised impact of migration control is accepted as normal and compatible with the prohibition of racial discrimination is consistent with migration law's long history as part of colonial and postcolonial relations.

The Right to Wage Private Wars of Subsistence

2021 ◽  
pp. 133-150
Author(s):  
Johan Olsthoorn
Keyword(s):  
Human Rights ◽  
Global Justice ◽  
Just War ◽  
Just War Theory ◽  
Legitimate Authority ◽  
Grounding Resistance ◽  
Basic Rights ◽  
Central Tenet ◽  
Just War Doctrine ◽  
The Right

Some philosophers have recently argued for the revisionist just war doctrine that individuals can have the right to initiate war in defense of their human rights when their government fails in its duty to protect them. It was a central tenet of early modern just war theory, too, that when judicial recourse is not available, individuals are entitled to enforce their basic rights by force of war. How should we conceptualize such remedial rights to secure basic rights by armed force? And where to fit such rights within ethical theories of war? This chapter explores these questions by critically contrasting two ways to ground individual rights to wage so-called “private subsistence wars”: via “modern” duties of global justice and via “old” rights of necessity. I argue that the right-of-necessity model—for better or worse—can sidestep problems of indeterminate and underdetermined moral liability by grounding resistance rights in enforceable rights (of subsistence) rather than in enforceable duties (of global justice). My analysis thus charts normative implications of dispensing with the legitimate authority condition by analyzing what it means for rights and duties to be enforceable.

Health Information Technology and Human Rights

2014 ◽  
pp. 235-246
Author(s):  
Shane O’Hanlon
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Electronic Health Records ◽  
Health Information Technology ◽  
Health Information ◽  
Health Data ◽  
Future Directions ◽  
The Right To Privacy ◽  
Legal Provisions ◽  
The Right

Information technology has the potential to transform healthcare and eradicate many of the inequities seen in the area. However, the use of electronic means to process sensitive health data poses significant risks. Electronic health records have been designed to be more secure than traditional paper records, but there have been notable cases where data has been lost, stolen, or viewed by unauthorised persons. Misuse of health information technology can result in severe violations of human rights. In particular, the right to privacy can be eroded by inappropriate protections, which still exist in some health systems. This chapter describes the rights framework in healthcare, analyses legal provisions for protection of health data, considers why such protections are necessary, outlines examples of rights violations, and proposes future directions.

The Impact of Health Information Technology on Human Rights

2012 ◽  
Vol 4 (2) ◽  
pp. 50-60
Author(s):  
Shane O’Hanlon
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Health Information ◽  
Health Data ◽  
Future Directions ◽  
The Right To Privacy ◽  
Legal Provisions ◽  
Recent Developments ◽  
The Right ◽  
The Impact

Information technology has the potential to transform healthcare and eradicate many of the inequities seen in the area by improving availability and management of health information. However the use of electronic means to process sensitive health data poses significant risks. Electronic health records have been designed to be more secure than traditional paper records, but there have been notable cases where data has been lost, stolen, or viewed by unauthorised persons. Misuse of information technology can result in severe violations of human rights. In particular the right to privacy can be eroded by inadequate protections which persist in some health systems. This article describes recent developments in the area, analyses legal provisions for protection of health data, outlines examples of rights violations, and proposes future directions.

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