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Human Rights: Moral or Political?

Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are "Political" theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty. This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rights to their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of human rights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights. All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.

Human Rights Obligations of Non-State Armed Groups (Studies in International Law)

This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation.The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity.Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group.''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.''Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.

Human Rights Obligations of Non-State Armed Groups (Studies in International Law)

This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation.The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity.Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group.''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.''Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.

The Human Rights of Migrants and Refugees in European Law (Oxford Studies in European Law)

Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law. Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?

Human Rights of Migrants in the 21st Century (Routledge Studies in Liberty and Security)

This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.

Human Rights of Migrants in the 21st Century (Routledge Studies in Liberty and Security)

This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.

Human Rights of Older People: Universal and Regional Legal Perspectives (Ius Gentium: Comparative Perspectives on Law and Justice #45)

This book focuses on descriptions of the developments in legal frameworks and policies regarding the human rights of older persons. First, it covers the policies adopted and practices developed at the universal system, particularly within the sphere of the United Nations. Second, it includes a side-by-side comparison of the work of regional human rights mechanisms, which have picked up some momentum in the past decade. Through its inclusion of law, policy, and current processes, the widest net possible has been cast to collect a descriptive resource for advocates.Overall, we hope that this book contributes to a better understanding of the current limitations and possibilities that international institutions offer to uphold the human rights of older persons. We expect that this information will allow states and other policy makers to move forward with the international recognition of the human rights of older persons. We know this is only a first effort in compiling and reporting the standards that are being produced by different international institutions. But we have no doubt that many others will follow with their expert analysis of these emerging standards, and that the ongoing discussion will finally crystalize in international human rights binding instruments explicitly recognizing the universal rights of older persons.

The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law

This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.

Human Rights, Ownership, and the Individual

Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights - that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system, that resembles markets but is not conceived in terms of rights, would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.

Human Rights, Ownership, and the Individual

Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights - that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system, that resembles markets but is not conceived in terms of rights, would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.

Human Rights Policies in Chile: The Unfinished Struggle for Truth and Justice

This book analyses Chile’s “truth and justice” policies implemented between 1990 and 2013. The book’s central assumption is that human rights policies are a form of public policy and consequently they are the product of compromises among different political actors. Because of their political nature, these incomplete “truth and justice” policies instead of satisfying the victims’ demands and providing a mechanism for closure and reconciliation generate new demands and new policies and actions. However, these new policies and actions are partially satisfactory to those pursuing justice and the truth and unacceptable to those trying to protect the impunity structure built by General Pinochet and his supporters. Thus, while the 40th anniversary of the violent military coup that brought General Pinochet to power serves as a milestone with which to end this policy analysis, Chile’s human rights historical drama is unfinished and likely to generate new demands for truth and justice policies.

Human Rights Policies in Chile: The Unfinished Struggle for Truth and Justice

This book analyses Chile’s “truth and justice” policies implemented between 1990 and 2013. The book’s central assumption is that human rights policies are a form of public policy and consequently they are the product of compromises among different political actors. Because of their political nature, these incomplete “truth and justice” policies instead of satisfying the victims’ demands and providing a mechanism for closure and reconciliation generate new demands and new policies and actions. However, these new policies and actions are partially satisfactory to those pursuing justice and the truth and unacceptable to those trying to protect the impunity structure built by General Pinochet and his supporters. Thus, while the 40th anniversary of the violent military coup that brought General Pinochet to power serves as a milestone with which to end this policy analysis, Chile’s human rights historical drama is unfinished and likely to generate new demands for truth and justice policies.

Human Rights Politics: An introduction (Interdisciplinary Studies in Human Rights #12)

The book offers a comprehensive and clear introduction for students and those interested in human rights, written by a renowned human rights expert. It not only provides an introduction to the diversity of issues, actors and institutions in human rights policy and politics, but also offers assistance and suggestions on how the complex reality of human rights politics can be described and analysed with the help of political science and related disciplines. It deals with civil society engagement in human rights as well as state obligations and international efforts to protect human rights.This is an open access book.

Human Rights Prosecutions in Democracies at War (Human Rights Interventions)

Though many of the longest and most devastating internal armed conflicts have been fought within the boundaries of democratic states, these countries employ some of the highest numbers of human rights prosecutions. What conditions prompt this outcome and what explains the variable patterns of prosecutions in democracies at war? Prosecutions may be enabled by existing democratic norms and institutions, but given their role in a violent conflict, democratic governments may go to great lengths to avoid judicial accountability. Through qualitative and quantitative research of four cases, Sri Lanka, Northern Ireland, Spain and Colombia, this book argues that emergency and anti-terrorism laws issued during the conflict created barriers to the investigation and prosecution of state human rights violations. The extent to which state actors were held accountable was shaped by citizens, NGOs and political actors who challenged or upheld impunity provisions within emergency legislation.

Human Rights Protection and Ius Puniendi: Perspectives from Central East Europe and Latin American Countries (European Union and its Neighbours in a Globalized World #11)

This book examines human rights and penitentiary law in Central Eastern European and Latin American countries from a comparative perspective. How are penitentiary systems and human rights currently being transformed in both regions? This question guides contributors hailing from both Central Eastern Europe and Latin America, filling the gaps at both the international and national level. The book compares Central Eastern European countries with Latin American countries, shedding new light on similarities and differences alike.The main themes of this book are the analysis of penitentiary systems in different countries and a general analysis of criminal and criminological issues. The respective chapters examine how penitentiary laws are changing within different contexts and regulatory regimes. The book seeks to cross boundaries to understand new divisions, fragmentations, and forms of authoritarianism in today’s world, more specifically in Poland, North Macedonia, Chile, Argentina, Peru and Mexico.

Human Rights Protection System in China

In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.​

Human Rights, Realities and Possibilities: Northern Ireland, Republic of Ireland, Yugoslavia and Hungary

Researching the problems of human rights implementation in Western and Eastern Europe, this book uses Northern Ireland, the Republic of Ireland, Yugoslavia, and Hungary, as case studies. Other works by the author include "Violence and the State", and "Political Disobedience".

Human Rights Redefining Legal Thought: The History of Human Rights Discourse in Finnish Legal Scholarship (Studies in the History of Law and Justice #16)

This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.

Human Rights, Refugee Protest and Immigration Detention

This book builds a compelling picture of injustices inside immigration detention centers, within the context of the rise of the use of immigration detention in the Global North. The author presents the rarely heard voices of refugees, bringing their perspectives to light and personalising and humanising a global political issue. Based on in-depth interviews with formerly detained refugees who were involved in a wide range of protests, such as sit-ins and non-compliance, hunger strikes, lip sewing, escapes and riots, Human Rights, Refugee Protest and Immigration Detention presents a comprehensive insight into immigration detention and protest. Drawing on the work of Michel Foucault and Hannah Arendt, the book challenges contemporary human rights discourses which institutionalise power and will be a must-read for scholars, advocates and policymakers engaged in debates about immigration detention and forced migration.

Human Rights, Religion and International Law (Human Rights and International Law)

In this book Kerry O’Halloran analyses a subject of international interest – religion – and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies – nationally and internationally – are contributing to religion’s currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally. Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes – such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion – and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising. This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.

Human Rights, Religion and International Law (Human Rights and International Law)

In this book Kerry O’Halloran analyses a subject of international interest – religion – and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies – nationally and internationally – are contributing to religion’s currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally. Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes – such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion – and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising. This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.

Human Rights Responsibilities in the Digital Age: States, Companies and Individuals

This book examines the tangled responsibilities of states, companies, and individuals surrounding human rights in the digital age. Digital technologies have a huge impact – for better and worse – on human lives; while they can clearly enhance some human rights, they also facilitate a wide range of violations.States are expected to implement efficient measures against powerful private companies, but, at the same time, they are drawn to technologies that extend their own control over citizens. Tech companies are increasingly asked to prevent violations committed online by their users, yet many of their business models depend on the accumulation and exploitation of users' personal data. While civil society has a crucial part to play in upholding human rights, it is also the case that individuals harm other individuals online. All three stakeholders need to ensure that technology does not provoke the disintegration of human rights.Bringing together experts from a range of disciplines, including law, international relations, and journalism, this book provides a detailed analysis of the impact of digital technologies on human rights, which will be of interest to academics, research students and professionals concerned by this issue.

Human Rights Responsibilities in the Digital Age: States, Companies and Individuals

This book examines the tangled responsibilities of states, companies, and individuals surrounding human rights in the digital age. Digital technologies have a huge impact – for better and worse – on human lives; while they can clearly enhance some human rights, they also facilitate a wide range of violations.States are expected to implement efficient measures against powerful private companies, but, at the same time, they are drawn to technologies that extend their own control over citizens. Tech companies are increasingly asked to prevent violations committed online by their users, yet many of their business models depend on the accumulation and exploitation of users' personal data. While civil society has a crucial part to play in upholding human rights, it is also the case that individuals harm other individuals online. All three stakeholders need to ensure that technology does not provoke the disintegration of human rights.Bringing together experts from a range of disciplines, including law, international relations, and journalism, this book provides a detailed analysis of the impact of digital technologies on human rights, which will be of interest to academics, research students and professionals concerned by this issue.

Human Rights, Robot Wrongs: Being Human In The Age Of Ai

Human Rights, Sexual Orientation, and Gender Identity

How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law’s growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children’s experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.