scholarly journals From Commodity to Capability Fetishism: Human Development as a Harmonisation of Social and Territorial Cartographies

2021 ◽  
Vol 4 (3) ◽  
pp. p1
Author(s):  
Kizito Michael George
Keyword(s):  
Human Rights ◽  
Human Development ◽  
Paradigm Shift ◽  
Critical Hermeneutics ◽  
Development Discourse ◽  
Moral Agents ◽  
Basic Ingredient ◽  
The Individual ◽  
Development Discourses ◽  
Basic Needs Theory

The development discourse has been thrown into a disarray and paradigmatic quagmire by the impasse of neo-liberal transnational social cartographies. There are calls within the development discourse fraternity to deterritorise the concept of development so as to grapple with it sufficiently and effectively. Failure to adhere to this call, various development discourses have been accused of methodological territorialism. This paper uses critical hermeneutics to argue that the trajectory from Trickle Down and Basic Needs Theory to Human Rights, Capability and Functionings approaches to development is fundamentally a paradigm shift from territorial to social cartographies. This paper further argues that despite the significance of social cartographies occasioned by neo-liberal globalisation, territorial cartographies as envisaged by structuralists, post-structuralists, post-developmentalists, post-colonialists and global ethnographers are still vital because of their thorough critique of the power discourse behind structures that disadvantage individuals. The paper contends that in order to realise engendered development, it is pertinent to ultimately look at the individual who is the basic ingredient of a moral society (ethical individualism) as well as the structures and strictures that disempower and vulnerablelise individual moral agents.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Ummah’s Rights or Human Rights? Universalism, Individualism, and Islamic Ethics in the Twenty-first Century

2010 ◽  
Vol 27 (3) ◽  
pp. 1-23 ◽  
Author(s):  
Marie-Luisa Frick
Keyword(s):  
Human Rights ◽  
First Century ◽  
The Other ◽  
Moral Code ◽  
Bill Of Rights ◽  
Islamic Ethics ◽  
Specific Content ◽  
Societal Needs ◽  
The One ◽  
The Individual

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”

NGOs

2018 ◽  
Author(s):  
Patrick Mutzenberg
Keyword(s):  
Human Rights ◽  
Cultural Rights ◽  
National Implementation ◽  
The Individual ◽  
Oral Information

This chapter evaluates the role played by NGOs before the Committee on Economic, Social and Cultural Rights and the Human Rights Committee. Even if NGO participation was not originally foreseen in the Covenants, clear proceedings have subsequently been established to ensure their involvement in the Committees’ work. This chapter’s main focus is on the reporting procedure: it assesses how NGOs can submit written and oral information to strengthen this process. It also briefly addresses the NGO role in other areas of the Committees’ work, in particular the drafting of General Comments and the individual communications mechanisms. However, NGO participation is not limited to the work carried out in Geneva, and the chapter highlights recent NGO initiatives to ensure proper national implementation of the Committees’ recommendations. Such engagement is also possible in the context of the follow-up procedures, albeit to different extents depending on the practices of the respective Committee.

Complementary Protection and Encampment

2020 ◽  
Author(s):  
Bríd Ní Ghráinne
Keyword(s):  
Human Rights ◽  
Human Rights Law ◽  
Humanitarian Relief ◽  
International Human Rights ◽  
Treaty Monitoring ◽  
International Human ◽  
The Individual

Abstract A camp may be described as a temporary space in which individuals receive humanitarian relief and protection until a durable solution can be found to their situation. The camp environment is often riddled with contradictions—the camp can be a place of refuge while at the same time, a place of overcrowding, exclusion and suffering. This article asks to what extent removal of an individual from state A to state B, where he or she will have to live in a camp, is a breach of state A’s human rights law obligations. It argues that even if encampment in state B will expose the individual to terrible conditions, it is unlikely that they will be able to successfully challenge a removal decision before international human rights courts and/or treaty monitoring bodies.

Human Rights, Global Ethics, and the Ordinary Virtues

2017 ◽  
Vol 31 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Michael Ignatieff
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Equal Opportunity ◽  
Universal Declaration ◽  
Global Ethics ◽  
Citizen Action ◽  
Individual Person ◽  
The World ◽  
Universal Human Rights ◽  
The Individual

In a 1958 speech at the United Nations, Eleanor Roosevelt took stock of the progress that human rights had made since the proclamation of the Universal Declaration of Human Rights ten years before. Mrs. Roosevelt had chaired the UN committee that drafted the Universal Declaration and had hoped that, in time, it would become “the international Magna Carta of all men everywhere.” Her answer to the question of how to measure human rights progress has become one of the most frequently quoted remarks of the former First Lady: Where, after all, do universal human rights begin? In small places, close to home—so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.

scholarly journals The Right to Dignity of Refugees: A Response to Fleur Johns

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Humanitarian Law ◽  
International Protection ◽  
Human Rights Abuses ◽  
Refugee Protection ◽  
Mass Migration ◽  
International Refugee Law ◽  
The Individual ◽  
The Right

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.

Environmental Displacement in European Asylum Law

2009 ◽  
Vol 11 (4) ◽  
pp. 313-326 ◽  
Author(s):  
Finn Myrstad ◽  
Vikram Kolmannskog
Keyword(s):  
Human Rights ◽  
Work Force ◽  
Displaced Persons ◽  
Temporary Protection ◽  
European Court ◽  
Asylum Law ◽  
The Individual ◽  
International Border ◽  
The Eu ◽  
Environmental Displacement

AbstractEnvironmentally displaced persons can be included in several existing categories of protected persons under international law, but there may be a normative protection gap for many of those who cross an international border. This article looks at protection possibilities within the EU framework and national European legislations. Environmental displacement can arguably trigger temporary protection according to the EU Temporary Protection Directive. There may also be environmentally displaced persons who require longer-term or permanent protection. Drawing on the EU Qualification Directive and case-law from the European Court of Human Rights, one can argue that subsidiary protection should be granted in certain cases of extreme natural disaster or degradation. In less extreme cases, humanitarian asylum could be granted. Human rights principles such as non-refoulement could also be used to extend at least basic protection. In addition, legal labour migration could supply a work force, assist distressed countries and enhance protection of the individual. A strategy to meet the challenge of environmental displacement must also include climate change mitigation and external measures such as adaptation. Most of the displaced persons in the world today and in the near future do not arrive at the EU borders.

scholarly journals Corporations and Human Rights Obligations

2016 ◽  
Vol 1 (2) ◽  
pp. 255-275 ◽  
Author(s):  
Denis G ARNOLD
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Moral Agents ◽  
The Third ◽  
Three Stages ◽  
Argument Proceeds ◽  
Policies And Practices

AbstractThe claim that corporations have human rights obligations remains contentious and can be fraught with confusion. This article synthesizes existing corporate human rights theory and responds to objections to the idea that transnational corporations (TNCs) have human rights obligations. The argument proceeds in three stages. The first section describes the different forms TNCs take and explains why TNCs are properly understood as moral agents responsible for their policies and practices. The second section reviews and explains different philosophical theories of corporate human rights obligations. The third section articulates and responds to objections to the idea that corporations have human rights obligations. The main conclusion of this article is that there are multiple, compelling and overlapping justifications of corporate human rights obligations.

Remarks by Sean D. Murphy

2020 ◽  
Vol 114 ◽  
pp. 193-199
Author(s):  
Sean D. Murphy ◽  
Claudio Grossman
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Right ◽  
Human Rights Movement ◽  
Interstate System ◽  
International Human ◽  
The Individual

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?

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