22. Transitional Justice

This chapter examines the link between transitional justice and human rights. Atrocities such as genocide, disappearances, torture, civil conflict, and other gross violations of human rights leave states with a puzzling and often difficult question: what to do with the perpetrators of such acts of violence. Transitional justice takes into account the social implications of such conflicts. Its emphasis is on how to rebuild societies in the period after human rights violations, as well as with how such societies, and individuals within those societies, should be held to account for their actions. The chapter considers three paradigms of transitional justice, namely: retributive justice, restorative justice, and reparative justice. It also discusses the proliferation of the number of mechanisms of transitional justice at work and concludes with a case study of transitional justice in Uganda.

19. Indigenous Peoples’ Human Rights

This chapter examines issues surrounding the human rights of Indigenous peoples. The conceptual framework for this chapter is informed by three broad, interrelated, and interdependent types of human rights: the right to existence, the right to self-determination, and individual human rights. After describing who Indigenous peoples are according to international law, the chapter considers the centuries of ambivalence about the recognition of Indigenous peoples. It then discusses the United Nations's establishment of a regime for Indigenous group rights and presents a case study of the impact of climate change on Indigenous peoples. It concludes with a reflection on the possibility of accommodating Indigenous peoples' self-determination with state sovereignty.

18. Human Rights and Forced Migration

This chapter examines the link between human rights and forced migration. It first considers the human rights problems confronting forced migrants both during their flight and during their time in exile before discussing the differing definitions accorded refugees today as well as the difficulty in coming up with a widely accepted definition. It then explores the roles and functions of the Office of the UN High Commissioner for Refugees and the international refugee regime. It also uses the case study of Myanmar to illustrate many of the human rights features of a protracted refugee and internal displacement crisis. Finally, it describes how the international community might respond to new and emerging challenges in forced migration and world politics, and better adapt to the ongoing tension between the power and interests of states and upholding refugee rights.

16. Human Trafficking

This chapter examines how the international community has defined and framed the issue of human trafficking over the last century, and how governments such as the United States have responded politically to the problem of human trafficking. Contemporary concerns about trafficking can be traced back to a late nineteenth-century movement in the United States and Western Europe against white slavery. White slavery, also known as the white slave trade, refers to the kidnapping and transport of Caucasian girls and women for the purposes of prostitution. The chapter first considers the definitions of human trafficking before discussing the anti-white slavery movement and the increase in international consciousness about the trafficking of women. It then traces the origins of the contemporary anti-human trafficking movement and analyses how trafficking emerged as a global issue in the 1990s. It also presents a case study on human trafficking in the United States.

14. Political Democracy and State Repression

This chapter explores the relationship between political democracy and state repression. Afer providing an overview of the democracy–repression link, it considers what research has been conducted on the topic and also what has been ignored. It uses the United States and its treatment of African Americans as an example of how existing research in this field should change, as well as to emphasize the importance of disaggregation (regarding institutions, actors, and actions). The chapter concludes by suggesting directions for future research. It argues that researchers need to improve the way in which they think about the relationship between democracy and repression, and that they need to modify how they gather information about democracy and repression.

11. Sexual Orientation, Gender Identity, and Human Rights

This chapter examines the issue of the human rights of lesbian, gay, bisexual, transgender, intersex, and queer people (LGBTI). In recent years, LGBTI groups have used the language and frameworks of human rights to organize against state, civil society, religious, and interpersonal violence and discrimination. The broadening of the human rights framework to address issues of sexual orientation and gender identity (SOGI) has been an important development in both the human rights and the LGBTI movements. The chapter begins with a discussion of SOGI rights as human rights, focusing on questions such as the central human rights issues for LGBTI people; how these groups have organized to address these challenges through a human rights framework; and the challenges faced by LGBTI human rights advocates and what successes they have had. It also considers critiques of SOGI human rights activism and concludes with a case study of Uganda's Anti-Homosexuality Bill.

4. Human Rights in International Law

This chapter examines the international legal context of human rights. It first considers the historical evolution of international human rights law, with particular emphasis on the reincarnation of philosophical ideals as international laws (treaties), before discussing the principal sources of international human rights law such as customary international law and ‘soft’ law. It then describes the various forms of expressing human rights, along with the core international human rights instruments. It also explores the mechanisms for monitoring and enforcing human rights, including the United Nations system, regional human rights systems, and national human rights systems. Finally, it explains the process followed for a state wishing to be bound to the provisions of a treaty and the benefits of listing human rights in treaties.

3. Human Rights in International Relations

This chapter examines the role of human rights in international relations. It first considers the theoretical issues and context that are relevant to the link between human rights and the discipline of international relations, focusing on such concepts as realism, liberalism, and constructivism. It then explores key controversies over human rights as understood in international relations as a field of study: one is the question of state sovereignty; another is the mismatch between the importance attached to human rights at the declaratory level and the prevalence of human rights abuses in reality. The chapter also discusses two dimensions of international responsibility: the duty to protect their citizens that is incumbent on all states in light of their obligations under the various human rights covenants; and the duty of states to act as humanitarian rescuers in instances where a state is collapsing or a regime is committing gross human rights violations.

2. Feminist and Activist Approaches to Human Rights

This chapter explores the theoretical and political history of human rights that emerges out of the struggles that have been waged by feminists and other non-elites. It first considers the bases for the moral legitimacy of human rights and challenges to those arguments before discussing three aspects of feminist approaches to human rights: their criticism of some aspects of the theory and practice of human rights, their rights claims, and their conceptual contributions to a theory of human rights. It then examines the ways in which feminists and other activists for marginalized groups have used human rights in their struggles and how such struggles have in turn shaped human rights theory. It also analyses theoretical and historical objections to the universality of human rights based on cultural relativism. Finally, it shows that women’s rights advocates want rights enjoyment and not merely entitlements.

23. The Environment

This chapter examines the ways that environmental issues affect human rights and the relevance of human rights to environmental campaigns. It also evaluates proposals for extending human rights to cover environmental rights, rights for future generations, and rights for some non-human animals. The chapter begins with a discussion of the relationship between human rights and the environment, along with the notion that all persons have ‘environmental human rights’. It then analyses the impact of the environment on human security and its implications for human rights issues before considering case studies that illustrate how environmental issues directly impact on the human rights of the so-called environmental refugees, who are displaced from lands by the threat of climate change and also by development projects. Finally, the chapter describes the link between human rights and environmental sustainability.