The dark side of human rights 1

Health Rights ◽  
2017 ◽  
pp. 83-95
Author(s):  
Onora O’Neill
Keyword(s):  
2011 ◽  
Vol 36 (4) ◽  
pp. 273-287 ◽  
Author(s):  
Kevin Walby ◽  
Jeffrey Monaghan

Drawing on analysis of government records obtained using Access to Information Act requests, the author examines the securitization of Canada’s aid program to Haiti between 2004 and 2009. The author discusses how Canadian agencies, including the Royal Canadian Mounted Police (RCMP), Correctional Service of Canada (CSC), and the Canadian International Development Agency, were involved in capacity-building initiatives that focused on police reform, border surveillance, and prison construction/refurbishment across Haiti in the aftermath of a coup that ousted the democratically elected President Jean-Bertrand Aristide. The author demonstrates how these efforts at securitization resulted in what officials referred to as the “Haitian Paradox,” whereby reorganization of the Haitian National Police force led to higher arrest rates and jail bloat, creating conditions that violated rather than ameliorated human rights. While the securitization project may have been based on the rule of law and human rights in Canadian policy makers’ official discourse, in practice these securitization efforts exacerbated jail overcrowding, distrust of police, and persecution of political opposition. The author therefore demonstrates one way that international development, aid, and criminal justice intersect, with emphasis on the transnational aspects of RCMP and CSC activities.


2016 ◽  
Vol 2016 (1) ◽  
pp. 13035
Author(s):  
Nicole Spohr ◽  
Amon Barros ◽  
Marcus Vinícius Peinado Gomes
Keyword(s):  

Author(s):  
Michael Bader

AbstractCorporations, in their quest for the highest profit margin, have violated human rights, labour rights and environmental standards for decades, with little to no accountability. In recent years, the fight for corporate accountability under the banner of “Business and Human Rights” has come to dominate civil society’s engagement with the “question of the corporation.” This chapter aims to critically examine the political objectives underpinning the broad-church project of Business and Human Rights in its world-making aspirations, taking the Legally Binding Instrument currently under discussion at the UN Human Rights Council as a case study. Using a historical narrative approach, this article first situates the evolution of Business and Human Rights within neoliberal globalisation and, against this backdrop, attempts to think through the “dark side” of this particular strand of human rights activism. By bringing critical legal scholarship on the corporation and human rights into closer conversation with Business and Human Rights, the article aims to excavate the latter’s structural flaws, namely that it leaves the asymmetries in the global economy and the imperial corporate form unchallenged. By problematising Business and Human Rights’ presupposition of business as fact and its uncritical embrace of rights as positive change-makers, the article presents an invitation to rethink strategic political objectives vis-à-vis corporate rights abuses.


Author(s):  
Evandro Charles Piza Duarte ◽  
Marcos Vinícius Lustosa Queiroz

Resumo: O presente artigo pretende ser um duplo movimento de reflexão sobre as categorias utilizadas para tratar da história do constitucionalismo moderno. Primeiramente, apresentará a categoria de “Atlântico Negro” e suas respectivas contribuições para uma “reperiodização” da modernidade, especificamente quanto aos movimentos sociais de reivindicação de direitos. Em seguida toma um evento particular desse Atlântico Negro, a Revolução Haitiana, como prisma hermenêutico e metodológico para pensar as disputas constitucionais. Busca-se, desse modo, adotar o ponto de vista de uma filosofia da história que lide, de maneira integrada, com a modernidade e o colonialismo. Por fim, tecerá breves comentários sobre como esse duplo movimento poderá contribuir para a reflexão sobre o direito constitucional contemporâneo. Abstract: The present paper aims to be a double movement of reflection about the history of modern constitutionalism. Firstly, it introduces the “Black Atlantic” category and its respective contributions to perform a “re-periodization” of modernity, specifically in relation to social movements of human rights. Then, it takes one particular event of this Black Atlantic, the Haitian Revolution, to be a methodological and hermeneutical prism to think the constitutional struggles. Thereby, the paper intends to embrace a point of view of the philosophy of history that deals with modernity and colonialism in an integrated manner. Lastly, it shows how this double displacement can contribute to the contemporary constitutional thought.


2012 ◽  
Vol 1 (2) ◽  
pp. 278-312 ◽  
Author(s):  
REGINA HELLER ◽  
MARTIN KAHL ◽  
DANIELA PISOIU

AbstractAfter 9/11 state actors in different parts of the world and to various degrees decided to give security and counterterrorism measures priority over human rights and fundamental freedoms. In order to legitimize their policy choices, governmental actors used normative argumentation to redefine what is ‘appropriate’ to ensure security. We argue that, in the long run, this may lead to a setback dynamic hollowing out established human and civil rights norms. In this article, we develop a theoretical and analytical framework, oriented along the model of the life cycle of norms, in order to trace ‘bad’ norm dynamics in the field of counterterrorism. We conceptualize the norm erosion process, particularly focusing on arguments such as speech acts put forward by governmental norm challengers and their attempts to create new meaning and understanding. We also draw on convergence theory and argue that when a coalition of norm challengers develops, using the same or similar patterns of arguments, established international normative orders protecting human rights and civil liberties might be weakened over time and a more fundamental process of norm erosion may take place.


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