Pub Date : 2020-04-29DOI: 10.46692/9781447349228.012
Michal Cenker, Daniel J. Holder
Chapter 10 critically assesses the role of international human rights protections in promoting the rights of migrants and refugees in the context of globalisation, continuing global socio-economic inequalities and global conflict. While the whole concept of human rights rests on humanitarianism and not citizenship, international human rights mechanisms, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), have often allowed states to apply restricted rights to non-citizens and while the UN Migrant Worker Convention exists, it remains the only core UN human rights instrument not to receive widespread ratification. This chapter discusses some of the issues which prevent the establishment of universal human rights protections for migrants and refugees, and how such protections have often been limited by a range of economic, political and security considerations along with prejudicial attitudes in potential host countries.
{"title":"Migration and refugees: applying human rights to ‘everyone’?","authors":"Michal Cenker, Daniel J. Holder","doi":"10.46692/9781447349228.012","DOIUrl":"https://doi.org/10.46692/9781447349228.012","url":null,"abstract":"Chapter 10 critically assesses the role of international human rights protections in promoting the rights of migrants and refugees in the context of globalisation, continuing global socio-economic inequalities and global conflict. While the whole concept of human rights rests on humanitarianism and not citizenship, international human rights mechanisms, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), have often allowed states to apply restricted rights to non-citizens and while the UN Migrant Worker Convention exists, it remains the only core UN human rights instrument not to receive widespread ratification. This chapter discusses some of the issues which prevent the establishment of universal human rights protections for migrants and refugees, and how such protections have often been limited by a range of economic, political and security considerations along with prejudicial attitudes in potential host countries.","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132965458","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}
Pub Date : 2020-04-29DOI: 10.1332/policypress/9781447349211.003.0003
Féilim Ó hAdhmaill
Chapter 2 looks at the development of the UN after World War Two and the subsequent development of the UN Declaration of Human Rights (1948), the various Covenants, Conventions and monitoring committees particularly since the end of the Cold War and increased international oversight of rights. It looks at the geopolitical, ideological and cultural factors that have influenced the development of UN Human Rights mechanisms as well as providing a critical analysis of human rights enforcement and realisability. It introduces some of the debates around the articulation of rights - cultural relativism vs universality, individual vs collective rights, socio-economic vs civil and political rights, etc.
{"title":"The United Nations and international oversight of human rights","authors":"Féilim Ó hAdhmaill","doi":"10.1332/policypress/9781447349211.003.0003","DOIUrl":"https://doi.org/10.1332/policypress/9781447349211.003.0003","url":null,"abstract":"Chapter 2 looks at the development of the UN after World War Two and the subsequent development of the UN Declaration of Human Rights (1948), the various Covenants, Conventions and monitoring committees particularly since the end of the Cold War and increased international oversight of rights. It looks at the geopolitical, ideological and cultural factors that have influenced the development of UN Human Rights mechanisms as well as providing a critical analysis of human rights enforcement and realisability. It introduces some of the debates around the articulation of rights - cultural relativism vs universality, individual vs collective rights, socio-economic vs civil and political rights, etc.","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"55 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120923176","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}
Pub Date : 2020-04-29DOI: 10.1332/policypress/9781447349211.003.0021
F. Powell
This chapter explores the political context of human rights and how it is shaping the future. It argues that human rights constitute the very substance of democracy by conferring a universal set of rights on the citizen, arguing that Hannah Arendt’s famous phrase ‘the right to have rights’ defines the complex relationship between democracy, human rights and civil society. It discusses how human rights embracing both individual liberty and social justice have been historically contested and critically assesses the state of human rights in today’s world along with the potential threats and opportunities for human rights development into the future. The chapter concludes by arguing that the restoration of a universal welfare state, as the embodiment of human rights in a globalised world, arguably should be the priority for the future of democracy in the twenty-first century.
{"title":"Conclusion Human rights in a brave new world: the shape of things to come?","authors":"F. Powell","doi":"10.1332/policypress/9781447349211.003.0021","DOIUrl":"https://doi.org/10.1332/policypress/9781447349211.003.0021","url":null,"abstract":"This chapter explores the political context of human rights and how it is shaping the future. It argues that human rights constitute the very substance of democracy by conferring a universal set of rights on the citizen, arguing that Hannah Arendt’s famous phrase ‘the right to have rights’ defines the complex relationship between democracy, human rights and civil society. It discusses how human rights embracing both individual liberty and social justice have been historically contested and critically assesses the state of human rights in today’s world along with the potential threats and opportunities for human rights development into the future. The chapter concludes by arguing that the restoration of a universal welfare state, as the embodiment of human rights in a globalised world, arguably should be the priority for the future of democracy in the twenty-first century.","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114752578","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}
{"title":"Conclusion:","authors":"F. Powell","doi":"10.2307/j.ctv10kmc63.26","DOIUrl":"https://doi.org/10.2307/j.ctv10kmc63.26","url":null,"abstract":"","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131465735","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 chapter discusses international development and the social, economic and cultural rights most closely associated with it. It critical assesses the contrasting approaches of two development agendas that emerged in the 1980s: (a) the idea of human development as the enhancement of human rights, civil liberties and individual freedoms as encapsulated in the United Nations’ Human Development Report (UNDP, 2000) and economist Amartya Sen’s Development As Freedom (1999); and (b) neoliberalism’s determination that human development, economic and social rights would directly result from the unfettered activities of the market. The chapter discusses the correlation between neoliberalism, austerity and a weakening of social and economic safeguards and development practice. It concludes by asking if the Sustainable Development Goals (SDGs) can help to push back the neoliberal economic model that undermines rights and impedes development.
{"title":"The right to development","authors":"S. Mccloskey","doi":"10.2307/j.ctv10kmc63.25","DOIUrl":"https://doi.org/10.2307/j.ctv10kmc63.25","url":null,"abstract":"This chapter discusses international development and the social, economic and cultural rights most closely associated with it. It critical assesses the contrasting approaches of two development agendas that emerged in the 1980s: (a) the idea of human development as the enhancement of human rights, civil liberties and individual freedoms as encapsulated in the United Nations’ Human Development Report (UNDP, 2000) and economist Amartya Sen’s Development As Freedom (1999); and (b) neoliberalism’s determination that human development, economic and social rights would directly result from the unfettered activities of the market. The chapter discusses the correlation between neoliberalism, austerity and a weakening of social and economic safeguards and development practice. It concludes by asking if the Sustainable Development Goals (SDGs) can help to push back the neoliberal economic model that undermines rights and impedes development.","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128776506","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 chapter critically assesses existing international human rights mechanisms and in particular the UN Convention on the Rights of the Child (CRC), in relation to the promotion of the rights and welfare of children. In doing so it examines such mechanisms in a world of social, economic, cultural, ideological and political diversity, different levels of ‘peace’, stability, governmental organisation and conflict, and changing contexts and circumstances. It reflects on the inability of some states (e.g. USA) to ratify the UN Convention, and on issues of enforceability and realisability in others which have. Finally, it discusses contemporary attempts by NGOs and other campaigning organisations to promote the recognition and realisation of universal rights for children.
{"title":"Children’s rights and social policy","authors":"F. Donson","doi":"10.2307/j.ctv10kmc63.23","DOIUrl":"https://doi.org/10.2307/j.ctv10kmc63.23","url":null,"abstract":"This chapter critically assesses existing international human rights mechanisms and in particular the UN Convention on the Rights of the Child (CRC), in relation to the promotion of the rights and welfare of children. In doing so it examines such mechanisms in a world of social, economic, cultural, ideological and political diversity, different levels of ‘peace’, stability, governmental organisation and conflict, and changing contexts and circumstances. It reflects on the inability of some states (e.g. USA) to ratify the UN Convention, and on issues of enforceability and realisability in others which have. Finally, it discusses contemporary attempts by NGOs and other campaigning organisations to promote the recognition and realisation of universal rights for children.","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"2020 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133864623","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}
{"title":"Back Matter","authors":"","doi":"10.2307/j.ctv10kmc63.28","DOIUrl":"https://doi.org/10.2307/j.ctv10kmc63.28","url":null,"abstract":"","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123389705","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}
{"title":"Index","authors":"","doi":"10.2307/j.ctv10kmc63.27","DOIUrl":"https://doi.org/10.2307/j.ctv10kmc63.27","url":null,"abstract":"","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134461084","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 chapter critically assesses the role of the USA in human rights development both nationally and internationally, its views on international oversight and the idea of ‘American exceptional’. It traces the development of rights nationally from the establishment of the Bill of Rights, through to slavery and civil rights and the war on poverty in the 1960s. It discusses USA influence internationally in the development of the UN Declaration of Human Rights and how West/East ideological differences during the Cold War and geo-political concerns have influenced the current international human rights system. It then examines contemporary USA attitudes to human rights as reflected in policy approaches nationally to welfare provision, inequality, racial and ethnic divisions, the rights of the child, the treatment of prisoners and internationally in terms of foreign policy and ‘the War on Terror’.
{"title":"Human rights and the USA","authors":"P. Collins","doi":"10.2307/j.ctv10kmc63.11","DOIUrl":"https://doi.org/10.2307/j.ctv10kmc63.11","url":null,"abstract":"This chapter critically assesses the role of the USA in human rights development both nationally and internationally, its views on international oversight and the idea of ‘American exceptional’. It traces the development of rights nationally from the establishment of the Bill of Rights, through to slavery and civil rights and the war on poverty in the 1960s. It discusses USA influence internationally in the development of the UN Declaration of Human Rights and how West/East ideological differences during the Cold War and geo-political concerns have influenced the current international human rights system. It then examines contemporary USA attitudes to human rights as reflected in policy approaches nationally to welfare provision, inequality, racial and ethnic divisions, the rights of the child, the treatment of prisoners and internationally in terms of foreign policy and ‘the War on Terror’.","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133936195","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}
International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.
{"title":"Conflict, ‘terrorism’ and non-state actors","authors":"Féilim Ó hAdhmaill, Mike Ritchie","doi":"10.2307/j.ctv10kmc63.17","DOIUrl":"https://doi.org/10.2307/j.ctv10kmc63.17","url":null,"abstract":"International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.","PeriodicalId":296112,"journal":{"name":"International Human Rights, Social Policy & Global","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114479170","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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