The category of ‘human rights law’ is sometimes limited to bills and charters of rights on the model of the Universal Declaration of Human Rights and to the case law of courts interpreting and applying these legal measures. This chapter, forthcoming in The Cambridge Handbook of Natural Law and Human Rights (Tom Angier, Iain Benson, and Mark Retter, eds, Cambridge University Press), argues that the measures that realise human rights in the law are the everyday, unremarkable measures that make up the full corpus of legal materials directing what may, must, and must not be done. The argument explores how all sound positive law finds its source in human goods through one of two modes of derivation: deduction or specification. These are the same two modes of positive law’s derivation from natural law, for the reach of human rights law is more or less coextensive with the reach of positive law and the human goods from which are derived human rights law are the same human goods from which are derived natural law’s practical principles and precepts.
{"title":"Human Goods and Human Rights Law: Two Modes of Derivation from Natural Law","authors":"Grégoire C. N. Webber","doi":"10.2139/ssrn.3930249","DOIUrl":"https://doi.org/10.2139/ssrn.3930249","url":null,"abstract":"The category of ‘human rights law’ is sometimes limited to bills and charters of rights on the model of the Universal Declaration of Human Rights and to the case law of courts interpreting and applying these legal measures. This chapter, forthcoming in The Cambridge Handbook of Natural Law and Human Rights (Tom Angier, Iain Benson, and Mark Retter, eds, Cambridge University Press), argues that the measures that realise human rights in the law are the everyday, unremarkable measures that make up the full corpus of legal materials directing what may, must, and must not be done. The argument explores how all sound positive law finds its source in human goods through one of two modes of derivation: deduction or specification. These are the same two modes of positive law’s derivation from natural law, for the reach of human rights law is more or less coextensive with the reach of positive law and the human goods from which are derived human rights law are the same human goods from which are derived natural law’s practical principles and precepts.","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133660538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A right of equal access to public goods and services is rooted in the rights to ‘Life, Liberty, and the pursuit of Happiness.’ With these rights, the Declaration of Independence asserts the concept of equality as a founding principle, while nearly a century later in the nation’s “second founding” after the Civil War, the 14th Amendment to the Constitution goes further in guaranteeing equal protection of the law. These documents create the principle from which a right of equal access is derived, including access to education, health care, housing, and environmental protection.
Throughout American history, the concepts of liberty and equality have been intertwined but also conflicted.
Current trends within public education, health care, housing, and environmental protection reflect burgeoning disparities in opportunity. Public policy in recent years has centered around the promotion of macroeconomic growth but has done little to guarantee individual and societal well-being, reinforcing the focus of the private sector on maximizing shareholder value, often at the expense of employees and consumers. These policies have exacerbated the inequality of access to public goods and services, such as health and education, among significant portions of the population, who lack the agency and the opportunity to sustain themselves. It is critical that the United States responds to the public health and economic crises by protecting liberty, equality, and securing equal access to public goods and services.
{"title":"Reimagining Rights and Responsibilities in the United States: Equal Access to Public Goods and Services","authors":"J. Shattuck, Mathias Risse","doi":"10.2139/ssrn.3802093","DOIUrl":"https://doi.org/10.2139/ssrn.3802093","url":null,"abstract":"<br>A right of equal access to public goods and services is rooted in the rights to ‘Life, Liberty, and the pursuit of Happiness.’ With these rights, the Declaration of Independence asserts the concept of equality as a founding principle, while nearly a century later in the nation’s “second founding” after the Civil War, the 14th Amendment to the Constitution goes further in guaranteeing equal protection of the law. These documents create the principle from which a right of equal access is derived, including access to education, health care, housing, and environmental protection.<br><br>Throughout American history, the concepts of liberty and equality have been intertwined but also conflicted. <br><br>Current trends within public education, health care, housing, and environmental protection reflect burgeoning disparities in opportunity. Public policy in recent years has centered around the promotion of macroeconomic growth but has done little to guarantee individual and societal well-being, reinforcing the focus of the private sector on maximizing shareholder value, often at the expense of employees and consumers. These policies have exacerbated the inequality of access to public goods and services, such as health and education, among significant portions of the population, who lack the agency and the opportunity to sustain themselves. It is critical that the United States responds to the public health and economic crises by protecting liberty, equality, and securing equal access to public goods and services.","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129234102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines human rights from the perspective of social constructions and as the result of historical processes. This means that human rights, as we know them today, are the result of dynamic and historical struggles. This is no different with regard to the human right to water. In particular, this article addresses the following research question: how interwoven are social movements with the realisation of the human right to water? While answering this question the article brings to the discussion some relations between the human right to water and the idea of sustainable development. This article focuses on Costa Rica because it is a country that has long been celebrated as a leader in sustainable development, environmental policy, and protection of natural resources. Recently, however, Costa Rica became the world’s number one exporter of pineapple. The shocking growth of pineapple plantations in recent years has caused innumerable socio-environmental problems including that of water pollution. The article concludes that demanding the realisation of the human right to water through social struggles, and especially through social organisation and pressuring the government, is the way forward to accomplish this right and the ultimate goal of sustainable development.
{"title":"Realising the Human Right to Water in Costa Rica through Social Movements","authors":"Gabriela Cuadrado‐Quesada","doi":"10.36633/ulr.561","DOIUrl":"https://doi.org/10.36633/ulr.561","url":null,"abstract":"This article examines human rights from the perspective of social constructions and as the result of historical processes. This means that human rights, as we know them today, are the result of dynamic and historical struggles. This is no different with regard to the human right to water. In particular, this article addresses the following research question: how interwoven are social movements with the realisation of the human right to water? While answering this question the article brings to the discussion some relations between the human right to water and the idea of sustainable development. This article focuses on Costa Rica because it is a country that has long been celebrated as a leader in sustainable development, environmental policy, and protection of natural resources. Recently, however, Costa Rica became the world’s number one exporter of pineapple. The shocking growth of pineapple plantations in recent years has caused innumerable socio-environmental problems including that of water pollution. The article concludes that demanding the realisation of the human right to water through social struggles, and especially through social organisation and pressuring the government, is the way forward to accomplish this right and the ultimate goal of sustainable development.","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133640108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Economic, social and cultural rights continue, in most contexts, to be treated as the Cinderella rights of the international human rights regime. But no international body has contributed more to trying to transform this second-class status than the Committee on Economic, Social and Cultural Rights (hereinafter ‘the Committee’). It was created in 1985, met for the first time in 1987, and has held 65 sessions as of February 2019. In addition to carrying out its principal mandate of monitoring States’ compliance with their obligations under the International Covenant on Economic, Social and Cultural Rights, it has put in place an important jurisprudential framework for a set of rights that was, and too often continues to be, poorly understood, even by those responsible for promoting them. Its contributions have significantly shaped the approach adopted to these rights by the overall international human rights system, as well as by constitutional and other courts around the world. In addition, the ESCR Committee has pioneered a great many of the procedural innovations that have subsequently transformed the UN human rights treaty body system as a whole into a force to be reckoned with. Thus, the Committee was the first: to adopt the system of ‘Concluding Observations’ on state reports; to organize days of general discussion; to formally recognize and make publicly available material submitted by civil society groups; to organize briefing sessions at which civil society could present parallel reports; to proceed to examine reports if states cancelled at the last minute; and to examine the situation in a chronically non-reporting state in the absence of a report and even a representative of the state concerned. Nevertheless, like the other treaty bodies, the Committee faces major challenges in the years ahead. Some of these come from the broader political context within which treaty bodies function, which includes an anti-rights backlash in many societies that in turn emboldens some states to seek to undermine, often under the guise of improving or reforming, crucial parts of the system. Shrinking resources available to the UN as a whole and especially to the Office of the High Commissioner for Human Rights appear likely to have a major negative impact on the resources directly available to support the work of the committee, including staffing, meeting time, and technological and other forms of support. In addition, the increasing embrace of neoliberal economic policies by states and international institutions poses major new challenges for the Committee, given its pre-eminent role in upholding the importance of ESCR and of ensuring an overall economic, social and political context in which those rights can be realized. In many respects the Committee has confronted problems which are common to all of the treaty bodies. In other respects, however, the challenges that confront it and the context in which it must work are significantly different
{"title":"The Committee on Economic, Social and Cultural Rights","authors":"Philip Alston","doi":"10.2139/ssrn.3630580","DOIUrl":"https://doi.org/10.2139/ssrn.3630580","url":null,"abstract":"Economic, social and cultural rights continue, in most contexts, to be treated as the Cinderella rights of the international human rights regime. But no international body has contributed more to trying to transform this second-class status than the Committee on Economic, Social and Cultural Rights (hereinafter ‘the Committee’). It was created in 1985, met for the first time in 1987, and has held 65 sessions as of February 2019. In addition to carrying out its principal mandate of monitoring States’ compliance with their obligations under the International Covenant on Economic, Social and Cultural Rights, it has put in place an important jurisprudential framework for a set of rights that was, and too often continues to be, poorly understood, even by those responsible for promoting them. Its contributions have significantly shaped the approach adopted to these rights by the overall international human rights system, as well as by constitutional and other courts around the world. \u0000 \u0000In addition, the ESCR Committee has pioneered a great many of the procedural innovations that have subsequently transformed the UN human rights treaty body system as a whole into a force to be reckoned with. Thus, the Committee was the first: to adopt the system of ‘Concluding Observations’ on state reports; to organize days of general discussion; to formally recognize and make publicly available material submitted by civil society groups; to organize briefing sessions at which civil society could present parallel reports; to proceed to examine reports if states cancelled at the last minute; and to examine the situation in a chronically non-reporting state in the absence of a report and even a representative of the state concerned. \u0000 \u0000Nevertheless, like the other treaty bodies, the Committee faces major challenges in the years ahead. Some of these come from the broader political context within which treaty bodies function, which includes an anti-rights backlash in many societies that in turn emboldens some states to seek to undermine, often under the guise of improving or reforming, crucial parts of the system. Shrinking resources available to the UN as a whole and especially to the Office of the High Commissioner for Human Rights appear likely to have a major negative impact on the resources directly available to support the work of the committee, including staffing, meeting time, and technological and other forms of support. In addition, the increasing embrace of neoliberal economic policies by states and international institutions poses major new challenges for the Committee, given its pre-eminent role in upholding the importance of ESCR and of ensuring an overall economic, social and political context in which those rights can be realized. \u0000 \u0000In many respects the Committee has confronted problems which are common to all of the treaty bodies. In other respects, however, the challenges that confront it and the context in which it must work are significantly different ","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125605001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper proposes an index to measure the extent to which governments authorize arms transfers to places in which human rights are violated. Levels of democracy in the purchasing country are used as a proxy for that country's degree of respect for human rights. The paper then applies this index to test whether Robin Cook's 'ethical dimension' in foreign policy was applied to British arms transfers, and concludes that this was indeed the case, although its legacy did not survive to the end of Tony Blair's government. This index should be useful for academics, civil society groups, government departments and international organisations working with human rights or arms transfers.
{"title":"Who Is Responsible in the International Arms Trade? Measuring Human Rights Concerns in Arms Transfers","authors":"Rodrigo Fracalossi de Moraes","doi":"10.2139/ssrn.3609513","DOIUrl":"https://doi.org/10.2139/ssrn.3609513","url":null,"abstract":"This paper proposes an index to measure the extent to which governments authorize arms transfers to places in which human rights are violated. Levels of democracy in the purchasing country are used as a proxy for that country's degree of respect for human rights. The paper then applies this index to test whether Robin Cook's 'ethical dimension' in foreign policy was applied to British arms transfers, and concludes that this was indeed the case, although its legacy did not survive to the end of Tony Blair's government. This index should be useful for academics, civil society groups, government departments and international organisations working with human rights or arms transfers.","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133979692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Uncertainty seems to be the dominant mood in human rights circles these days. A new wave of scholarship debates foundational issues about the human rights movement and wonders whether we have now entered its “endtimes”. In the midst of analytical and practical confusion about how to approach the inherent complexity of human rights, it is important to step back and reflect upon the criticisms, reassess the status quo, and retool for the future. Our ongoing research project is meant as a contribution to this larger, long-term task. The project seeks to demystify the idea of the “crisis” of the field in three steps. Based on a systematic review of the most often cited books, articles and blog posts published in academic journals, book series and specialized online fora during the last decade, this paper is diagnostic in nature. We discuss six sets of criticisms and responses that, in our reading, dominate the literature about human rights. Our ultimate goal is to contribute to formulating the challenges of the human rights field in a way that is more empirically precise, analytically coherent, and useful for developing new courses of action in response to them. First, it will begin by deconstructing the generic idea of a crisis into the highly diverse challenges and criticisms that compose it. Second, it will present a menu of more specific challenges for discussion among human rights actors and between them and external interlocutors. Third, it will present responses for each challenge.
{"title":"A Human Rights Crisis? Unpacking the Debate of the Future of the Human Rights Field","authors":"César A. Rodríguez-Garavito, S. Mcadams","doi":"10.2139/ssrn.2919703","DOIUrl":"https://doi.org/10.2139/ssrn.2919703","url":null,"abstract":"Uncertainty seems to be the dominant mood in human rights circles these days. A new wave of scholarship debates foundational issues about the human rights movement and wonders whether we have now entered its “endtimes”. In the midst of analytical and practical confusion about how to approach the inherent complexity of human rights, it is important to step back and reflect upon the criticisms, reassess the status quo, and retool for the future. Our ongoing research project is meant as a contribution to this larger, long-term task. The project seeks to demystify the idea of the “crisis” of the field in three steps. \u0000Based on a systematic review of the most often cited books, articles and blog posts published in academic journals, book series and specialized online fora during the last decade, this paper is diagnostic in nature. We discuss six sets of criticisms and responses that, in our reading, dominate the literature about human rights. Our ultimate goal is to contribute to formulating the challenges of the human rights field in a way that is more empirically precise, analytically coherent, and useful for developing new courses of action in response to them. \u0000First, it will begin by deconstructing the generic idea of a crisis into the highly diverse challenges and criticisms that compose it. Second, it will present a menu of more specific challenges for discussion among human rights actors and between them and external interlocutors. Third, it will present responses for each challenge.","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"297 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123464061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Spanish Abstract: Resumen: La Corte Interamericana de Derechos Humanos ha construido distintas formas de reparar las violaciones de derechos humanos de manera especial a los pueblos y tribales, específicamente cuando han sido desposeídos de sus tierras ancestrales, pero además ello generado el atender deficiencia estructurales, por lo mensos la exigencia a los Estados parte de Sistema Interamericano de Derechos Humanos como medidas de carácter socioeconómico, programas de vivienda, salud, educación, producción, infraestructura y desarrollo, otorgamiento de becas, entre otros, por medio de su facultad jurisdiccional. English Abstract: The Inter-American Court of Human Rights has constructed different ways of redressing violations of human rights in a special way to the peoples and tribals, specifically when they have been dispossessed of their ancestral lands, but in addition this generated the deficiency of structural attention, To the States party to the InterAmerican System of Human Rights as socio-economic measures, housing programs, health, education, production, infrastructure and development, granting of scholarships, among others, through its jurisdictional authority.
英文摘要:摘要:美洲人权法院已经建立了各种形式的特别纠正侵犯人权行为,尤其是在和部落人民被剥夺了时居住的家园,但是也因此产生结构性缺陷,因此mensos要求满足各国参加美洲人权制度作为社会经济措施、方案、保健、教育、住房、生产基础设施和发展，奖学金等，通过其司法权力。English Abstract:美洲人权法院不同途径你同样有记录侵犯人权in a special way to The peoples and万,特别是when they而dispossessed其祖传土地,but in addition this generated The缺锌小组注意,to The States party to The美洲System of Human Rights作为社会经济措施,住房方案、卫生、教育、生产、基础设施和发展、granting of scholarships在其他国家中，通过其管辖范围。
{"title":"Reparación integral de violación de derechos humanos pueblos indígenas y grupos étnicos (Comprehensive Reparation for Violation of Human Rights of Indigenous Peoples and Ethnic Groups)","authors":"A. J. Martínez Lazcano","doi":"10.2139/ssrn.3879201","DOIUrl":"https://doi.org/10.2139/ssrn.3879201","url":null,"abstract":"Spanish Abstract: Resumen: La Corte Interamericana de Derechos Humanos ha construido distintas formas de reparar las violaciones de derechos humanos de manera especial a los pueblos y tribales, específicamente cuando han sido desposeídos de sus tierras ancestrales, pero además ello generado el atender deficiencia estructurales, por lo mensos la exigencia a los Estados parte de Sistema Interamericano de Derechos Humanos como medidas de carácter socioeconómico, programas de vivienda, salud, educación, producción, infraestructura y desarrollo, otorgamiento de becas, entre otros, por medio de su facultad jurisdiccional. English Abstract: The Inter-American Court of Human Rights has constructed different ways of redressing violations of human rights in a special way to the peoples and tribals, specifically when they have been dispossessed of their ancestral lands, but in addition this generated the deficiency of structural attention, To the States party to the InterAmerican System of Human Rights as socio-economic measures, housing programs, health, education, production, infrastructure and development, granting of scholarships, among others, through its jurisdictional authority.","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125542148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mira Dutschke, E. Rooney, A. Nolan, Rory O’Connell, C. Harvey
This case study identifies the key human rights obligations (based on the International covenant on Economic Social and Cultural Rights, ICESCR) that are relevant to any analysis of funding for mental health services as an aspect of the realization of the right to health. It discusses these standards in the context of mental health provision in Northern Ireland. It presents the context for the funding of mental health services in Northern Ireland. As part of its presentation of the relevant ICESCR obligations, it identifies a few key areas of concern with regards to the human rights compatibility of funding for mental health services in Northern Ireland.
{"title":"Human Rights Obligations and Budgeting for Mental Health in Northern Ireland","authors":"Mira Dutschke, E. Rooney, A. Nolan, Rory O’Connell, C. Harvey","doi":"10.2139/SSRN.2089338","DOIUrl":"https://doi.org/10.2139/SSRN.2089338","url":null,"abstract":"This case study identifies the key human rights obligations (based on the International covenant on Economic Social and Cultural Rights, ICESCR) that are relevant to any analysis of funding for mental health services as an aspect of the realization of the right to health. It discusses these standards in the context of mental health provision in Northern Ireland. It presents the context for the funding of mental health services in Northern Ireland. As part of its presentation of the relevant ICESCR obligations, it identifies a few key areas of concern with regards to the human rights compatibility of funding for mental health services in Northern Ireland.","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124105504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This contribution is based on my lecture at the SIDI XVI annual meeting of the Italian Society of International Law in June 2011 at Catania. Section I of this contribution recalls that – due to the ‘dual’ and ‘incomplete nature’ of human rights as positive law and moral rights - the legal protection of ‘inalienable’ human rights risks always remaining contested, especially in international economic law (IEL). In both UN human rights law (HRL) as well as in IEL, the worldwide recognition of ‘duties to protect’ calls for stronger protection of human rights in international economic regulation (II). Human rights, ‘constitutional justice’ and IEL increasingly limit the ‘rules of recognition’ in HRL as well as in IEL (III). The need for ‘institutionalizing public reason’ and the necessary legal ‘balancing’ of civil, political, economic, social and cultural rights call for ‘constitutional’ and ‘cosmopolitan reforms’ of IEL (IV). As in ‘human rights revolutions’, citizens also have to ‘struggle for justice’ in IEL, notably for judicial protection of transnational rule of law with due respect for HRL (V). HRL protects ‘margins of appreciation’ in the domestic implementation of international obligations and requires respect for ‘reasonable disagreement’ on the diverse conceptions of IEL (VI). The increasing recognition of the ‘indivisible’ and ‘inalienable’ nature of human rights, and the worldwide recognition of collective ‘third generation human rights’, reflect the increasing importance of cosmopolitan rights for supplying international public goods more effectively (VII). The ‘collective action problems’ require additional institutional innovation and multilevel constitutional restraints of economic regulation (VIII). Multilevel governance of human rights and of IEL must be coordinated through multilevel ‘constitutional bottom-up pluralism’ and through multilevel judicial protection of transnational rule of law for the benefit of citizens (IX).
{"title":"Human Rights and International Economic Law: Common Constitutional Challenges and Changing Structures","authors":"E. Petersmann","doi":"10.2139/SSRN.2069895","DOIUrl":"https://doi.org/10.2139/SSRN.2069895","url":null,"abstract":"This contribution is based on my lecture at the SIDI XVI annual meeting of the Italian Society of International Law in June 2011 at Catania. Section I of this contribution recalls that – due to the ‘dual’ and ‘incomplete nature’ of human rights as positive law and moral rights - the legal protection of ‘inalienable’ human rights risks always remaining contested, especially in international economic law (IEL). In both UN human rights law (HRL) as well as in IEL, the worldwide recognition of ‘duties to protect’ calls for stronger protection of human rights in international economic regulation (II). Human rights, ‘constitutional justice’ and IEL increasingly limit the ‘rules of recognition’ in HRL as well as in IEL (III). The need for ‘institutionalizing public reason’ and the necessary legal ‘balancing’ of civil, political, economic, social and cultural rights call for ‘constitutional’ and ‘cosmopolitan reforms’ of IEL (IV). As in ‘human rights revolutions’, citizens also have to ‘struggle for justice’ in IEL, notably for judicial protection of transnational rule of law with due respect for HRL (V). HRL protects ‘margins of appreciation’ in the domestic implementation of international obligations and requires respect for ‘reasonable disagreement’ on the diverse conceptions of IEL (VI). The increasing recognition of the ‘indivisible’ and ‘inalienable’ nature of human rights, and the worldwide recognition of collective ‘third generation human rights’, reflect the increasing importance of cosmopolitan rights for supplying international public goods more effectively (VII). The ‘collective action problems’ require additional institutional innovation and multilevel constitutional restraints of economic regulation (VIII). Multilevel governance of human rights and of IEL must be coordinated through multilevel ‘constitutional bottom-up pluralism’ and through multilevel judicial protection of transnational rule of law for the benefit of citizens (IX).","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"235 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121967715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article draws some of the consequences of Rorty's thinking for the way human rights can be conceptualized and cultivated today. On the basis of Rorty's critique of foundationalism, this reflection sketches a theory of human rights without metaphysics - a cultural theory of natural law. It turns from a rationalistic theory of rights towards emotions, and presents sympathy and solidarity as the sine qua non of moral progress. This article also calls for a moral global warming. Agreeing with Rorty that ours is a literary culture, this text finds in the poeticisation of scientific and cold modernity one of the more adequate paths for the sensibilisation of the contemporary global culture - the sentimental education of the epoch - and for advancing the quest for human rights in our times.
{"title":"Rorty and Human Rights: Contingency, Emotions and How to Defend Human Rights Telling Stories","authors":"J. Barreto","doi":"10.18352/ULR.164","DOIUrl":"https://doi.org/10.18352/ULR.164","url":null,"abstract":"This article draws some of the consequences of Rorty's thinking for the way human rights can be conceptualized and cultivated today. On the basis of Rorty's critique of foundationalism, this reflection sketches a theory of human rights without metaphysics - a cultural theory of natural law. It turns from a rationalistic theory of rights towards emotions, and presents sympathy and solidarity as the sine qua non of moral progress. This article also calls for a moral global warming. Agreeing with Rorty that ours is a literary culture, this text finds in the poeticisation of scientific and cold modernity one of the more adequate paths for the sensibilisation of the contemporary global culture - the sentimental education of the epoch - and for advancing the quest for human rights in our times.","PeriodicalId":281320,"journal":{"name":"PSN: Human Rights Networks (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116140340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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