Da Oviedo a Parigi: la vulnerabilità prima e dopo l’autonomia / From Oviedo to Paris: vulnerability before and after autonomy

2018 ◽  
Vol 66 (6) ◽  
pp. 779-792
Author(s):  
Claudio Sartea
Keyword(s):  
Human Rights ◽  
Before And After ◽  
Guiding Principles

Il presente contributo riflette sulla Convenzione di Oviedo in prospettiva diacronica, analizzando l’evoluzione dei principi guida della bioetica e della biogiuridica nel passaggio di millennio. Vengono prese come pietre miliari la Convenzione medesima e la Dichiarazione UNESCO di Parigi del 2005 su Diritti Umani e Bioetica. L’emersione progressiva del principio di vulnerabilità viene interpretata come frutto dell’influsso del pensiero femminile nel dibattito e come lento ma consistente affermarsi di una concezione della giustizia meno liberal-individualistica e sempre più solidale e relazionale. ---------- This article thinks about the Oviedo Convention in a diachronic perspective, analyzing the evolution of the guiding principles of bioethics and biolaw in the millennium. The same convention and the 2005 Paris UNESCO Declaration on Human Rights and Bioethics are taken as milestones. The progressive emergence of the principle of vulnerability is interpreted as the result of the influence of women’s thinking in the debate and as slow but consistently affirming a less liberal-individualistic conception of justice and more and more relational conception.

LAW, RELIGION, AND THE POLITICIZATION OF SEXUAL CITIZENSHIP IN KENYA

2021 ◽  
Vol 36 (1) ◽  
pp. 105-129
Author(s):  
Damaris Seleina Parsitau
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Sexual Difference ◽  
Family Values ◽  
Same Sex ◽  
Political Leaders ◽  
Negative Attitudes ◽  
Legal Norms ◽  
Sexual Orientations ◽  
Before And After

AbstractIn Kenya, debates about sexual orientation have assumed center stage at several points in recent years, but particularly before and after the promulgation of the Constitution of Kenya in 2010. These debates have been fueled by religious clergy and by politicians who want to align themselves with religious organizations for respectability and legitimation, particularly by seeking to influence the nation's legal norms around sexuality. I argue that through their responses and attempts to influence legal norms, the religious and political leaders are not only responsible for the nonacceptance of same-sex relationships in Africa, but have also ensured that sexuality and embodiment have become a cultural and religious battleground. These same clergy and politicians seek to frame homosexuality as un-African, unacceptable, a threat to African moral and cultural sensibilities and sensitivities, and an affront to African moral and family values. Consequently, the perception is that homosexuals do not belong in Africa—that they cannot be entertained, accommodated, tolerated, or even understood. Ultimately, I argue that the politicization and religionization of same-sex relationships in Kenya, as elsewhere in Africa, has masked human rights debates and stifled serious academic and pragmatic engagements with important issues around sexual difference and sexual orientation while fueling negative attitudes toward people with different sexual orientations.

scholarly journals Les vulnérables : evaluating the vulnerability criterion in Article 14 cases by the European Court of Human Rights

Legal Studies ◽  
2021 ◽  
pp. 1-16
Author(s):  
So Yeon Kim
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
European Convention ◽  
Individual Autonomy ◽  
Group Affiliation ◽  
European Court ◽  
Before And After ◽  
New Criterion

Abstract The European Court of Human Rights (the Court) has been invoking the vulnerability criterion to overcome the drawbacks of cases concerning Article 14 of the European Convention on Human Rights, the prohibition of discrimination. This new criterion, allowing the Court to favour the applicants, highlights the applicants’ group affiliation. However, whether this criterion is effective in protecting vulnerable applicants against discrimination is doubtful. To examine this, I divide the Court's approach to Article 14 before and after the application of the vulnerability criterion. I argue that vulnerability criterion was used to fix the drawbacks of Article 14, but eventually backfired. The concept of vulnerability has been ambiguous, inconsistently used by the Court, and paternalistic. I suggest the Court focus on individual autonomy rather than grouping the applicants to improve their legal reasoning of Article 14.

scholarly journals When Rights Enter the CSR Field: British Firms’ Engagement with Human Rights and the UN Guiding Principles

2021 ◽  
Author(s):  
Alvise Favotto ◽  
Kelly Kollman
Keyword(s):  
Human Rights ◽  
Management Practices ◽  
Global Markets ◽  
Business Practices ◽  
Due Diligence ◽  
New Governance ◽  
Business And Human Rights ◽  
Market Competitiveness ◽  
Guiding Principles ◽  
Corporate Social

AbstractThe adoption of the Guiding Principles for Business and Human Rights by the United Nations (UNGPs) in 2011 created a new governance instrument aimed at improving the promotion of human rights by business enterprises. While reaffirming states duties to uphold human rights in law, the UNGPs called on firms to promote the realization of human rights within global markets. The UNGPs thus have sought to embed human rights more firmly within the field of corporate social responsibility (CSR) and to use CSR practices to improve corporate human rights accountability. In this paper, we explore how this incorporation of human rights into the CSR field has affected the business practices and public commitments British firms have made to promote human rights. We analyse the CSR reports published by the 50 largest British firms over a 20-year period starting in the late 1990s and interview senior CSR managers of these firms. We find that these firms have expanded how they articulate their responsibility for human rights over time. These commitments however remain largely focused on improving management practices such as due diligence and remediation procedures. Firms are often both vague and selective about which substantive human rights they engage with in light of their concerns about their market competitiveness and broader legitimacy. These outcomes suggest that, while firms cannot completely resist the normative pressures exerted by the CSR field, they retain significant resources and agency in translating such pressure into concrete practices.

Holding Companies Responsible? The Criminal Liability of Australian Corporations for Extraterritorial Human Rights Violations

2017 ◽  
Vol 40 (3) ◽  
Author(s):  
Radha Ivory ◽  
Anna John
Keyword(s):  
Human Rights ◽  
Joint Venture ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Criminal Liability ◽  
Criminal Investigation ◽  
Corporate Misconduct ◽  
Holding Companies ◽  
Business And Human Rights ◽  
Guiding Principles

Allegations of extraterritorial corporate misconduct illustrate the global dimensions of Australia’s challenge to implement the United Nations (‘UN’) Guiding Principles on Business and Human Rights (‘Guiding Principles’).In the mid-1990s, companies in the BHP Billiton group faced claims that they had polluted a river in Papua New Guinea, thereby causing damage to the customary lands and livelihoods of Indigenous Peoples.Less than a decade later, the Australian Federal Police commenced a criminal investigation against an Australian-Canadian joint venture for alleged support of government violence in the Democratic Republic of Congo.

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