Chapter 4: Between a Rights Discourse and an Identity Discourse

2019 ◽  
pp. 89-110
Keyword(s):  
Somatechnics ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 185-200
Author(s):  
Natalie Kouri-Towe

In 2015, Queers Against Israeli Apartheid Toronto (QuAIA Toronto) announced that it was retiring. This article examines the challenges of queer solidarity through a reflection on the dynamics between desire, attachment and adaptation in political activism. Tracing the origins and sites of contestation over QuAIA Toronto's participation in the Toronto Pride parade, I ask: what does it mean for a group to fashion its own end? Throughout, I interrogate how gestures of solidarity risk reinforcing the very systems that activists desire to resist. I begin by situating contemporary queer activism in the ideological and temporal frameworks of neoliberalism and homonationalism. Next, I turn to the attempts to ban QuAIA Toronto and the term ‘Israeli apartheid’ from the Pride parade to examine the relationship between nationalism and sexual citizenship. Lastly, I examine how the terms of sexual rights discourse require visible sexual subjects to make individual rights claims, and weighing this risk against political strategy, I highlight how queer solidarities are caught in a paradox symptomatic of our times: neoliberalism has commodified human rights discourses and instrumentalised sexualities to serve the interests of hegemonic power and obfuscate state violence. Thinking through the strategies that worked and failed in QuAIA Toronto's seven years of organising, I frame the paper though a proposal to consider political death as a productive possibility for social movement survival in the 21stcentury.


Author(s):  
William Schweiker

This article advances a conception of global ethics in terms of the centrality of responsibility to the moral life and also the moral good of the enhancement of life. In contrast to some forms of global ethics, the article also seeks to warrant the use of religious sources in developing such an ethics. Specifically, the article seeks to demonstrate the greater adequacy of a global ethics of responsibility for the enhancement of life against rival conceptions developed in terms of Human Rights discourse or the so-called Capabilities Approach. The article ends with a conception of ‘conscience’ as the mode of human moral being and the experience of religious transcendence within the domains of human social and historical life. From this idea, conscience is specified a human right and capacity to determine the humane use of religious resources and also the norm for the rejection of inhumane expressions of religion within global ethics.


Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa

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.


2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa

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.


Author(s):  
Timothy Zick

This book examines the relational dynamics between the U.S. Constitution’s Free Speech Clause and other constitutional rights. The free speech guarantee has intersected with a variety of other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. Free speech principles and doctrines have facilitated the recognition and effective exercise of constitutional rights, including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has dominated rights discourse and subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. The book examines the common and distinctive dynamics that have brought free speech and other constitutional rights together. It assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also to tame its propensity to subordinate, supplant, and eclipse other constitutional rights.


2001 ◽  
Vol 27 (1) ◽  
pp. 45-99
Author(s):  
Penney Lewis

The debate surrounding the legalization of assisted suicide has been galvanized in recent years by reports of specific cases of assisted suicide, primarily involving physicians such as Kevorkian and Quill, and by impassioned pleas for legalization and assistance in suicide from individuals suffering in the throes of terminal or agonizing diseases, such as Sue Rodriguez. Media attention on criminal trials of individuals accused of assisting in a suicide has heightened public awareness of the issue. The constitutionality of criminal prohibitions on assisted suicide has been tested in various jurisdictions, and has recently been considered by the Supreme Courts of both the United States and Canada. Following two narrowly unsuccessful attempts to enact dignified death provisions by referenda in Washington and California, Oregon voters passed the first of such proposed laws in November 1994, providing for physician-assisted suicide under certain specified conditions. Attempts to introduce legislation to legalize assisted suicide in other jurisdictions have been galvanized by the success in Oregon. A model statute has been drafted by a group of law professors, philosophers and medical professionals.


Sign in / Sign up

Export Citation Format

Share Document