ABSTRACT:Over the decades human rights advocates have increasingly engaged with economic policy with a growing focus on what economies would look like if they were based on human rights. This article reports on an inquiry that asked whether it is possible to articulate a concept of human rights economics and if so, what its main features would be. This article notes the elements that ecological, feminist, and other branches of economics brought to light and succeeded in integrating into economic thought and policy. Drawing on this logic, this article analyzes key human rights principles to discern whether these can be articulated in economics. Concluding that they can, this article finds that it is possible to speak of human rights economics as a separate and complementary branch of economics, even if further work is required to finesse how this can be done. Finally, this article suggests some steps that can be taken to bring about more human rights-consistent economic thought and practice, and notes ways that human rights-based questioning of the assumptions that underlie mainstream economics could have a potentially transformative effect.
{"title":"Human Rights Economics","authors":"Caroline Dommen","doi":"10.1353/hrq.2023.0011","DOIUrl":"https://doi.org/10.1353/hrq.2023.0011","url":null,"abstract":"ABSTRACT:Over the decades human rights advocates have increasingly engaged with economic policy with a growing focus on what economies would look like if they were based on human rights. This article reports on an inquiry that asked whether it is possible to articulate a concept of human rights economics and if so, what its main features would be. This article notes the elements that ecological, feminist, and other branches of economics brought to light and succeeded in integrating into economic thought and policy. Drawing on this logic, this article analyzes key human rights principles to discern whether these can be articulated in economics. Concluding that they can, this article finds that it is possible to speak of human rights economics as a separate and complementary branch of economics, even if further work is required to finesse how this can be done. Finally, this article suggests some steps that can be taken to bring about more human rights-consistent economic thought and practice, and notes ways that human rights-based questioning of the assumptions that underlie mainstream economics could have a potentially transformative effect.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"205 - 238"},"PeriodicalIF":1.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46184207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT:The right to property is part of International Human Rights Law (IHRL). However, the right is conspicuously missing from some fundamental treaties, and there are important inconsistencies in its interpretation by regional and global human rights bodies. In light of the indeterminacy and polysemy of IHRL in relation to property, this paper articulates a proposal to rethink this right taking Economic, Social, and Cultural Rights (ESCR) seriously. The proposal contains four propositions. Firstly, property is a human right. Secondly, it includes private property as one of its forms, but this is not the only one. Thirdly, property has a social function. And fourthly, as a matter of proportionality, fulfilling ESCR is one of the most important objectives that may justify the limitation of private property.
{"title":"The Right to Property Taking Economic, Social, and Cultural Rights Seriously","authors":"Koldo Casla","doi":"10.1353/hrq.2023.0010","DOIUrl":"https://doi.org/10.1353/hrq.2023.0010","url":null,"abstract":"ABSTRACT:The right to property is part of International Human Rights Law (IHRL). However, the right is conspicuously missing from some fundamental treaties, and there are important inconsistencies in its interpretation by regional and global human rights bodies. In light of the indeterminacy and polysemy of IHRL in relation to property, this paper articulates a proposal to rethink this right taking Economic, Social, and Cultural Rights (ESCR) seriously. The proposal contains four propositions. Firstly, property is a human right. Secondly, it includes private property as one of its forms, but this is not the only one. Thirdly, property has a social function. And fourthly, as a matter of proportionality, fulfilling ESCR is one of the most important objectives that may justify the limitation of private property.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"171 - 204"},"PeriodicalIF":1.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46373691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT:This project develops theoretical intersections between theatre and human rights and provides methodologies to investigate human rights questions from within the perspective of theatre as a complex set of disciplines. While human rights research and programming often employ the arts as representations of political, social, and economic abuses, this study focuses on the intricacies of dramatic form and structure as uniquely positioned to interrogate important questions in human rights theory and practice. This project positions theatre as a method of examination, or as Alexander Baumgarten discussed, art as a way of knowing, rather than emphasizing more limited however important purposes the arts serve to raise consciousness that accompany other, often considered more primary modes of analysis. A main feature of this approach includes emphasis on dialectical structures in drama and human rights, and integration of applied theatre and critical ethnography with more traditional theatre research. This integration will demonstrate how theatre and human rights operates beyond the arts as representation model, offering a primary means of analysis, activism, and political discourse.
{"title":"Theatre and Human Rights: The Politics of Dramatic Form","authors":"Gary M. English","doi":"10.1353/hrq.2023.0000","DOIUrl":"https://doi.org/10.1353/hrq.2023.0000","url":null,"abstract":"ABSTRACT:This project develops theoretical intersections between theatre and human rights and provides methodologies to investigate human rights questions from within the perspective of theatre as a complex set of disciplines. While human rights research and programming often employ the arts as representations of political, social, and economic abuses, this study focuses on the intricacies of dramatic form and structure as uniquely positioned to interrogate important questions in human rights theory and practice. This project positions theatre as a method of examination, or as Alexander Baumgarten discussed, art as a way of knowing, rather than emphasizing more limited however important purposes the arts serve to raise consciousness that accompany other, often considered more primary modes of analysis. A main feature of this approach includes emphasis on dialectical structures in drama and human rights, and integration of applied theatre and critical ethnography with more traditional theatre research. This integration will demonstrate how theatre and human rights operates beyond the arts as representation model, offering a primary means of analysis, activism, and political discourse.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"1 - 31"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42979696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Exhuming Violent Histories: Forensics, Memory and Rewriting Spain’s Past by Nicole Iturriaga, and: Exhuming Franco: Spain’s Second Transition by Sebastiaan Faber (review)","authors":"Omar G Encarnación","doi":"10.1353/hrq.2023.0007","DOIUrl":"https://doi.org/10.1353/hrq.2023.0007","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"161 - 166"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41659217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT:In Fall 2014, frontline activists from Ferguson, Missouri traveled to Geneva, Switzerland to testify in front of the UN Committee Against Torture while the US government appeared before the body. The Ferguson to Geneva delegation participated in “shadow reporting,” which describes opportunities for impacted people to confront the state in a multilateral forum and challenge the state’s official account. Through this practice, ordinary people have an opportunity to shape international law based on their experience to suit their interests. Shadow reporting is a key platform for a critical form of transnational politics and contributes to an evolving view on the political nature of international law.
{"title":"The Ferguson Uprising, Shadow Reporting, and Human Rights Experimentalism","authors":"Joel R. Pruce","doi":"10.1353/hrq.2023.0003","DOIUrl":"https://doi.org/10.1353/hrq.2023.0003","url":null,"abstract":"ABSTRACT:In Fall 2014, frontline activists from Ferguson, Missouri traveled to Geneva, Switzerland to testify in front of the UN Committee Against Torture while the US government appeared before the body. The Ferguson to Geneva delegation participated in “shadow reporting,” which describes opportunities for impacted people to confront the state in a multilateral forum and challenge the state’s official account. Through this practice, ordinary people have an opportunity to shape international law based on their experience to suit their interests. Shadow reporting is a key platform for a critical form of transnational politics and contributes to an evolving view on the political nature of international law.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"108 - 88"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44051928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT:This essay explores Henri Bergson’s idea of “open love” (a love that cares for all without preference, exclusion, or attachment), its relationship to religion, and its relevance for human rights. Open love is Bergson’s solution to the problem of “closed morality” (our tendency to care for our own kind over others). Reading Dave Eggers’ novel, What Is the What, alongside Bergson’s work reveals that religion (Catholicism and human rights) is indispensable to the “open morality” demanded by human rights. Although religion and love are not often part of human rights discourse, both are fundamental for human rights to work.
摘要:本文探讨了亨利·柏格森的“开放之爱”(一种不偏袒、不排斥、不依恋地关心所有人的爱)、它与宗教的关系以及它与人权的相关性。开放的爱是柏格森对“封闭道德”问题的解决方案(我们倾向于关心自己的同类而不是他人)。阅读戴夫·埃格斯的小说《What Is the What》和柏格森的著作，你会发现宗教(天主教和人权)对于人权所要求的“开放道德”是不可或缺的。虽然宗教和爱往往不是人权话语的一部分，但两者都是人权发挥作用的基础。
{"title":"Open Love, Religion, and Human Rights","authors":"Lena Khor","doi":"10.1353/hrq.2023.0005","DOIUrl":"https://doi.org/10.1353/hrq.2023.0005","url":null,"abstract":"ABSTRACT:This essay explores Henri Bergson’s idea of “open love” (a love that cares for all without preference, exclusion, or attachment), its relationship to religion, and its relevance for human rights. Open love is Bergson’s solution to the problem of “closed morality” (our tendency to care for our own kind over others). Reading Dave Eggers’ novel, What Is the What, alongside Bergson’s work reveals that religion (Catholicism and human rights) is indispensable to the “open morality” demanded by human rights. Although religion and love are not often part of human rights discourse, both are fundamental for human rights to work.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"134 - 156"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43740680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT:The realization of a global, inclusive, nondiscriminatory, and quality education as a human right requires significant financing from developed stakeholders, as well as sustained commitment in developing states through the mobilization of domestic resources. Realigning the right to education against such targets is envisaged in the framework of Sustainable Development Goal 4 (SDG4). This paper demonstrates that despite financial pledges, which in many instances have materialized, only a handful of countries are on target to achieve the aims of SDG4 by 2030, with many developed states falling drastically behind. Although financing is key to achieving SDG4, inclusivity is not high on states’ agendas because of the imbalance of resources required to reach women and girls and the marginalized and impoverished as opposed to those living in urban centers and the middle class. The paper suggests that global financing for SDG4 should equally be aligned with efforts to reduce sovereign debt to such a degree that allows states to fund education without fear of being in default of their arrears. Ultimately, SDG4 should be the common concerns of all states because of the benefits to the entire international community.
{"title":"Aligning the Right to Education with the Sustainable Development Goals: Is it Just About Finance?","authors":"I. Bantekas","doi":"10.1353/hrq.2023.0002","DOIUrl":"https://doi.org/10.1353/hrq.2023.0002","url":null,"abstract":"ABSTRACT:The realization of a global, inclusive, nondiscriminatory, and quality education as a human right requires significant financing from developed stakeholders, as well as sustained commitment in developing states through the mobilization of domestic resources. Realigning the right to education against such targets is envisaged in the framework of Sustainable Development Goal 4 (SDG4). This paper demonstrates that despite financial pledges, which in many instances have materialized, only a handful of countries are on target to achieve the aims of SDG4 by 2030, with many developed states falling drastically behind. Although financing is key to achieving SDG4, inclusivity is not high on states’ agendas because of the imbalance of resources required to reach women and girls and the marginalized and impoverished as opposed to those living in urban centers and the middle class. The paper suggests that global financing for SDG4 should equally be aligned with efforts to reduce sovereign debt to such a degree that allows states to fund education without fear of being in default of their arrears. Ultimately, SDG4 should be the common concerns of all states because of the benefits to the entire international community.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"62 - 87"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44440057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT:Targeted attacks on journalists are internationally condemned crimes, which not only undermine freedom of expression, but also symbolize an utter disregard for basic human rights. Yet, murders of journalists occur in all types of regimes, whether autocratic or democratic. This article explores the conditions that enable journalists to be subject to deadly attacks by state officials and unknown perpetrators. The typology of monitoring coercive agents is useful for the distinction between private and public information. External monitors, which share the information they gather with the public and hold the coercive agents accountable, are crucial for a safe working environment for journalists. The results of the multivariate regressions demonstrate that three main indicators of external monitoring, (1) robustness of civil society, (2) independence of media, and (3) strength of the judiciary are all associated with the occurrence of murders of journalists in a country. While a robust civil society and a strong judiciary decreases the probability of journalists being murdered by state officials and unknown perpetrators, a more critical and independent media structure appears to be associated with a higher probability of murders of journalists. The risks of such murders are especially higher for scenarios where the critical media outlets are abundant, but civil society and the judiciary are particularly weak and ineffective.
{"title":"External Monitoring of Coercive Agents and the Murders of Journalists: A Cross-National Study of Journalist Killings, 1992–2018","authors":"Berkay Alıca","doi":"10.1353/hrq.2023.0001","DOIUrl":"https://doi.org/10.1353/hrq.2023.0001","url":null,"abstract":"ABSTRACT:Targeted attacks on journalists are internationally condemned crimes, which not only undermine freedom of expression, but also symbolize an utter disregard for basic human rights. Yet, murders of journalists occur in all types of regimes, whether autocratic or democratic. This article explores the conditions that enable journalists to be subject to deadly attacks by state officials and unknown perpetrators. The typology of monitoring coercive agents is useful for the distinction between private and public information. External monitors, which share the information they gather with the public and hold the coercive agents accountable, are crucial for a safe working environment for journalists. The results of the multivariate regressions demonstrate that three main indicators of external monitoring, (1) robustness of civil society, (2) independence of media, and (3) strength of the judiciary are all associated with the occurrence of murders of journalists in a country. While a robust civil society and a strong judiciary decreases the probability of journalists being murdered by state officials and unknown perpetrators, a more critical and independent media structure appears to be associated with a higher probability of murders of journalists. The risks of such murders are especially higher for scenarios where the critical media outlets are abundant, but civil society and the judiciary are particularly weak and ineffective.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"32 - 61"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44195042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
separatists organized a referendum on independence that Spain’s Constitutional Tribunal had already declared illegal. In response to the illegal referendum, the conservative administration of Mariano Rajoy rescinded Catalonia’s home rule charter. Sánchez inherited the crisis from Rajoy, whose heavy-handed approach only served to exacerbate the crisis, and skillfully used Franco’s exhumation to signal a new, conciliatory tone in the relations between Madrid and the Catalans. By exploring the work of organizations such as ARMH and unpacking the politics of Franco’s exhumation, Iturriaga and Faber have made a valuable contribution to the scholarship on the politics of memory in contemporary Spain. Taken together, these works highlight the titanic role of human rights organizations and activists in pressing politicians to take action on so many issues related to the past that were conveniently swept under the rug during the democratic transition. Spain’s democratic transformation, often described by democratization scholars as “a miracle,”7 is owed in no small measure to the willingness of victims of political violence to put their demands for recognition on hold until democratic institutions and practices were fully consolidated. But the books by Iturriaga and Faber also contribute valuable insights into the global politics of coming to terms with the past that often go unnoticed or ignored. Above all, perhaps, they reveal the national peculiarities of reckoning with a dark and difficult history. Despite attempts by the human rights community to depict the process of coming to terms with the past as a universal experience primarily intended to seek justice and accountability, the reality on the ground often looks strikingly different. For a whole host of reasons—including Franco’s cynical manipulation of history for partisan purposes and the deliberate repression of the memory of the past during the democratic transition—coming to terms with the past in Spain is less about seeking justice and accountability than it is about recovering and reconstructing history. This peculiarity about Spain does not make the country’s coming to terms with the past any less interesting or worthwhile.
{"title":"Forever Prisoners: How the United States Made the World’s Largest Immigration Detention System by Elliott Young (review)","authors":"Tokunbo Okanla","doi":"10.1353/hrq.2023.0008","DOIUrl":"https://doi.org/10.1353/hrq.2023.0008","url":null,"abstract":"separatists organized a referendum on independence that Spain’s Constitutional Tribunal had already declared illegal. In response to the illegal referendum, the conservative administration of Mariano Rajoy rescinded Catalonia’s home rule charter. Sánchez inherited the crisis from Rajoy, whose heavy-handed approach only served to exacerbate the crisis, and skillfully used Franco’s exhumation to signal a new, conciliatory tone in the relations between Madrid and the Catalans. By exploring the work of organizations such as ARMH and unpacking the politics of Franco’s exhumation, Iturriaga and Faber have made a valuable contribution to the scholarship on the politics of memory in contemporary Spain. Taken together, these works highlight the titanic role of human rights organizations and activists in pressing politicians to take action on so many issues related to the past that were conveniently swept under the rug during the democratic transition. Spain’s democratic transformation, often described by democratization scholars as “a miracle,”7 is owed in no small measure to the willingness of victims of political violence to put their demands for recognition on hold until democratic institutions and practices were fully consolidated. But the books by Iturriaga and Faber also contribute valuable insights into the global politics of coming to terms with the past that often go unnoticed or ignored. Above all, perhaps, they reveal the national peculiarities of reckoning with a dark and difficult history. Despite attempts by the human rights community to depict the process of coming to terms with the past as a universal experience primarily intended to seek justice and accountability, the reality on the ground often looks strikingly different. For a whole host of reasons—including Franco’s cynical manipulation of history for partisan purposes and the deliberate repression of the memory of the past during the democratic transition—coming to terms with the past in Spain is less about seeking justice and accountability than it is about recovering and reconstructing history. This peculiarity about Spain does not make the country’s coming to terms with the past any less interesting or worthwhile.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"166 - 168"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42484946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reagan, Congress, and Human Rights: Contesting Morality in US Foreign Policy by Rasmus Sinding Søndergaard (review)","authors":"Aryeh Neier","doi":"10.1353/hrq.2023.0006","DOIUrl":"https://doi.org/10.1353/hrq.2023.0006","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"157 - 161"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46249996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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