scholarly journals Explicative-Existencial Justificacion of Human Rights Analysis of Robert Alexy's Argument in Context of Is-Ought Problem

2020 ◽  
pp. 105-116
Author(s):  
Martin Hapla
Keyword(s):  
Human Rights ◽  
Moral Philosophy ◽  
General Problem ◽  
Capability Approach ◽  
Basic Needs ◽  
Human Beings ◽  
Is Ought Problem

This paper analyzes Robert Alexy's explicative-existential justification of human rights. According to the author, there are two problems connected with this concept. It cannot establish human rights universally and explain why we should accept them. In the paper, these questions are addressed in the context of the Is-Ought problem. Alexy's approach is compared with other theories that strive for human rights justification (basic needs approach, capability approach, and the foundationalism of Alan Gewirth). The author finds that in this respect all other theories have similar disadvantages. The inability to adequately elucidate the transition from Is to Ought is a general problem in moral philosophy, and therefore cannot diminish the position of Alexy's justification in this context. Although his approach does not really meet certain absolute requirements for good justification, if we evaluate it in relation to other available alternatives, we have to acknowledge its significant place in the philosophy of human rights. Even with Alexy's theory, however, the problem persists that it establishes rights of human persons rather than rights of human beings. It is therefore not able to fulfill some of its universalist aspirations.

scholarly journals HUMAN RIGHTS AND THE PRIORITY OF THE MORAL

2015 ◽  
Vol 32 (1) ◽  
pp. 127-148 ◽  
Author(s):  
Massimo Renzo
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
The Political ◽  
Human Beings ◽  
Naturalistic Approach ◽  
Political Theories

Abstract:The main point of contention between “naturalistic” and “political” theories of human rights concerns the need to invoke the notion of moral human rights (i.e., rights that all human beings have simply by virtue of their humanity) in justifying the system of human rights included in the international practice. Political theories argue that we should bypass the question of the justification of moral human rights and start with the question of which norms and principles should be adopted to regulate the practice. Naturalistic theories, by contrast, claim that a convincing answer to the latter question will have to presuppose some answer to the former. An adequate justification of the system of human rights included in the international practice, according to naturalistic approaches, will ultimately have to rely on some appeal to moral human rights. I call this view the “Priority of the Moral over the Political.” In this essay, I argue that the Priority of the Moral is harder to dismiss than political theories of human rights suggest, and that before we can assess the plausibility of these theories, they need to say more in defense of their claim that they can do without this view. I then consider the two main objections that seem to have motivated many philosophers to abandon the naturalistic approach to the justification of human rights in favor of the political one. I conclude by suggesting that a variant of naturalistic justification, the basic-needs account, has the resources to address these objections.

Solidarity and Social Justice in the European Union Seventy Years after the Universal Declaration of Human Rights: The Role of European Judges

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Social Progress ◽  
Economic Policies ◽  
International Level ◽  
The European Union ◽  
Human Beings ◽  
Government Programs ◽  
Binding Force

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

scholarly journals Thirty Years of Human Rights Study in the Web of Science Database (1990–2020)

2021 ◽  
Vol 18 (4) ◽  
pp. 2131
Author(s):  
Priscilla Paola Severo ◽  
Leonardo B. Furstenau ◽  
Michele Kremer Sott ◽  
Danielli Cossul ◽  
Mariluza Sott Bender ◽  
...  
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Human Rights ◽  
Network Analysis ◽  
Reproductive Health ◽  
Web Of Science ◽  
Health Issues ◽  
Human Beings ◽  
Field Of Study ◽  
The Web

The study of human rights (HR) is vital in order to enhance the development of human beings, but this field of study still needs to be better depicted and understood because violations of its core principles still frequently occur worldwide. In this study, our goal was to perform a bibliometric performance and network analysis (BPNA) to investigate the strategic themes, thematic evolution structure, and trends of HR found in the Web of Science (WoS) database from 1990 to June 2020. To do this, we included 25,542 articles in the SciMAT software for bibliometric analysis. The strategic diagram produced shows 23 themes, 12 of which are motor themes, the most important of which are discussed in this article. The thematic evolution structure presented the 21 most relevant themes of the 2011–2020 period. Our findings show that HR research is directly related to health issues, such as mental health, HIV, and reproductive health. We believe that the presented results and HR panorama presented have the potential to be used as a basis on which researchers in future works may enhance their decision making related to this field of study.

Recognized and Violated by International Law: The Human Rights of the Global Poor

2005 ◽  
Vol 18 (4) ◽  
pp. 717-745 ◽  
Author(s):  
THOMAS POGGE
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
International Law ◽  
World Bank ◽  
International Organizations ◽  
Human Beings ◽  
Customary International Law ◽  
The World Bank ◽  
Institutional Structures ◽  
The World

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.

Bringing People Down

2021 ◽  
Vol 24 (3) ◽  
pp. 433-466
Author(s):  
John Vorhaus
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Corporal Punishment ◽  
European Convention ◽  
Human Beings ◽  
European Court ◽  
The Status ◽  
Relational Concept ◽  
Degrading Treatment ◽  
As If

Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court) as amounting to degrading treatment and punishment under Article 3 include instances of interrogation, conditions of confinement, corporal punishment, strip searches, and a failure to provide adequate health care. The Court acknowledges the degradation inherent in imprisonment generally, and does not consider this to be in violation of Article 3, but it also identifies a threshold at which degradation is so severe as to render impermissible punishments that cross this threshold. I offer an account of the Court’s conception of impermissible degradation as a symbolic dignitary harm. The victims are treated as inferior, as if they do not possess the status owed to human beings, neither treated with dignity nor given the respect owed to dignity. Degradation is a relational concept: the victim is brought down in the eyes of others following treatment motivated by the intention to degrade, or treatment which has a degrading effect. This, so I will argue, is the best account of the concept of degradation as deployed by the Court when determining punishments as in violation of Article 3.

scholarly journals The capabilities and human rights of high performance athletes

2018 ◽  
Vol 55 (2) ◽  
pp. 147-168 ◽  
Author(s):  
Andrew Adams ◽  
Emma Kavanagh
Keyword(s):  
Human Rights ◽  
High Performance ◽  
Capability Approach ◽  
Amartya Sen ◽  
Precise Analysis ◽  
And Function ◽  
The Capability Approach

High performance athletes participate and function in sports systems where exploitative behaviours may become manifest. These behaviours potentially violate an individual athlete’s human rights. Using the Capability Approach first outlined by Amartya Sen the paper details how a more precise analysis of human rights, in the context of high performance sport, may be achieved. Using in-depth narrative accounts from high performance athletes, data illustrate how athlete maltreatment is related to individual capabilities and functionings: the loss of individual freedoms infringes accepted notions of human rights. The implications for practice concern how human rights may be protected within and for systems of high performance production.

scholarly journals Why Affordable Clean Energy Is Not Enough. A Capability Perspective on the Sustainable Development Goals

2018 ◽  
Vol 10 (7) ◽  
pp. 2485 ◽  
Author(s):  
Rafaela Hillerbrand
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
Capability Approach ◽  
Energy Systems ◽  
Clean Energy ◽  
Well Being ◽  
Human Beings ◽  
Energy Technologies ◽  
Development Goals ◽  
The Capability Approach

This paper reflects on criticisms raised in the literature on the UN’s Sustainable Development Goals (SDGs). These have been criticized as creating a dichotomy between the environment and human beings that fails to address the multiple interconnections between the two. This paper focuses on SDG7—“affordable and clean energy”—and suggests that there is in fact a tripartite distinction between the environment, human beings and technology underlying the SDGs. This distinction, we argue, does not adequately represent the multiple interconnections among the various SDGs and hampers their implementation. We contend that the formulation of SDG7 produces a circular definition of sustainability, a difficulty that is currently resolved at the level of the targets and indicators in a way that regards energy technologies primarily as artifacts. By contrast, the literature on ethical aspects of energy systems largely agrees that energy is a paradigmatic example of a sociotechnical system. We contend that, by not considering this sociotechnical nature, the SDGs run the risk of implicitly defending a certain variant of technological optimism and determinism. We argue that this is disadvantageous to the environment, human well-being and technological development. In line with recent critical evaluations of the SDGs, we argue that these (and other) shortcomings can be addressed by better connecting the SDGs to human well-being. Building on recent literature that expands the scope of the Capability Approach as an alternative measure of well-being so as to include considerations of sustainability, we articulate a framework that allows us to elucidate this connection and thus to take advantage of synergies between human well-being and the environment. On the basis of the Capability Approach, we argue that equating sustainable energy with renewable energy—as is done in the transition from SDG7’s goal to its targets—is indefensible because, as part of the overarching energy systems, energy technologies cannot be classified as simply right or wrong. Rather, the indicators and targets within a framework focused on sustainability need to be (more) context sensitive, meaning that, among other things, they may vary by country and with the available technology.

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