Consequentialism,rights, and the new social welfare theory

Traditional consequentialist social welfare theory [SWT] is intendedly value-free and institutionless. It follows that, while unattenuated exchange and property rights are assigned an implicit, instrumental role in the achievement of first-best Paretian optima, little attention has focused on alternative rights construals, on their associated, correlative duties, and on the implications for SWT. This is true, even among economists who regard “freedom” as morally exigent.This paper argues that the rights which social welfare theorists regard as instrumentally important—and, therefore, legally sanctioned—need not, in consequentialist theory, be respected: The duties which are correlative to social welfare theorists' implicitly sanctioned rights may, in consequentialist terms, be overcome by purely utilitarian considerations. It follows, pari passu, that reliance on a goal-based efficiency standard is irreconcilable with respect for the rights which most economists either take to be intrinsically important or seek to justify. Granting this, normative analysis must take account of the logical and other tensions among consequences, rights, duties, and other dimensions of moral evaluation.     

The Pinochet case: cosmopolitanism and intermestic human rights

This article explores the Pinochet case, widely heralded as a landmark, as a case of 'intermestic' human rights that raises difficult normative and empirical questions concerning cosmopolitan justice. The article is a contribution to the sociology of human rights from the perspective of methodological cosmopolitanism, developing conceptual tools and methods to study how cosmopolitanizing state institutions and cultural norms are inter-related. The argument is made that in order to understand issues of cosmopolitan justice, sociologists must give more consideration to political culture.     

What's wrong with rights? Rethinking human rights and responsibilities

This paper examines the relationship between social work and human rights. It argues that the concept of human rights, as it is currently understood, is insufficient as a framework for social work theory and practice. Human rights are inherently individualistic - a problem that a focus on collective rights does little to rectify. What is absent from the human rights discourse, and what is directly relevant to social work, is a corresponding discourse on human responsibilities. This paper addresses the major criticisms of a human rights discourse by proposing a developmental model of human rights and responsibilities. The model establishes its applicability to social work theory and practice by demonstrating the counterbalancing forces of individual rights and collective responsibilities operating on the person in the environment.     

Effluence, “waste” and African Humanism: extra-anthropocentric being and human rightness*

Abstract

I propose a extra-anthropocentric contextualisation of normative human rights as human rightness. To undo the normative construction of the human, I turn to a theory of the effluent. I argue effluent communities, defined as communities who have never depended on the state, re-envision normative human rights. Effluent communities suggest the necessity for a rethinking of the centrality of the state in Butlerian conceptions of precarity and grievability, since effluent communities have never found the state to be a source of such security. Further, I observe that this decentring of the state points to limitations in forms of postcolonial critical resistance that pose the state (be it colonial or postcolonial) as an adversary; or simply deconstruct the impossibility of the state’s support of the human through postmodernist scepticism. I analyse Mphahlele’s specific reading of African Humanism, demonstrating that it offers a way to grieve material being that is extrinsic to the lenses of the state, racially inflected abjection and subject/object-human/non-human animal binaries. Rather than name a set of effluent communities, I propose an exemplary bearing witness to the material dying/dead, instantiating what is commonly regarded as waste, if not toxic dirt, as the occasion for a practice of extra-anthropocentric human rightness.     

Becoming aware of the grand social challenges: how an international and interdisciplinary educational context may broaden students’ perspectives on human rights and public health

ABSTRACT

The understanding of contemporary social problems and challenges in an international and national perspective is a significant issue for social work because of globalisation and social problems are too complex to handle by single actors themselves. The need for interdisciplinary and interprofessional collaboration is important. This paper focuses on experiences from an Erasmus Intensive Programme with the title Human Rights, Public Health and Social Service Challenges on Local Government in the Nordic-Baltic Sea Area. Social work students from different countries interacted with students from other disciplines such as political science, psychology and economy to discuss common challenges and solutions in this field. The analysis of the findings shows students reflect upon human rights issues as universal rights and how challenges presented by contextual differences in preconditions for everyday life between the countries, are reflected from different disciplines/professional perspectives. The paper argues that international and interdisciplinary programmes, where students get the opportunity to meet and to work with overarching and transnational issues, have a great potential for engaging students in global development in a rapidly changing world.     

In liberty's shadow: the discourse of refugees and asylum seekers in critical race theory and immigration law/politics

This article addresses the potential that a kind of engaged research can have in current battles for social justice and in the transformation of college curricula as a way to recover the original critical spirit of ethnic studies. Building on critical race theory, I discuss the work of NGOs such as Human Rights First and Americans for Immigrant Justice on behalf of Haitian refugees and the role of literature in inspiring human rights actions that might redefine practices of citizenship and belonging. At a time when the United States recognises the rights of refugees but criminalises the search for asylum, coalition building between ethnic studies discourse, the legal academy and the community is vital to affirm and protect the internationally recognised rights of refugees. Crucial in this process is the role played by stories as a way to humanise the often impersonal topic of the immigration debate.     

Global Human Rights and State Sovereignty: State Ratification of International Human Rights Treaties, 1965–20011

This research seeks to understand the factors that lead nation‐states to ratify international human rights treaties in the contemporary world, despite their potential cost for state sovereignty. We argue that normative pressure from international society, along with historical contingencies during the Cold War, encouraged many states to ratify these treaties. We present an event‐history analysis of ratification of seven key international human rights treaties in 164 countries in the period between 1965 and 2001. The results lend support to the world society argument as well as to our historical argument and also specify that normative pressure and imitation have been important factors shaping states’ decisions to ratify international human rights treaties.     

Business and human rights governance and democratic legitimacy: the UN “Protect,Respect and Remedy” Framework and the Guiding Principles

Global Corporate Social Responsibility schemes have assumed an authoritative role in today's diversifying global business and human rights governance regime, yet scholarship has paid scant attention to their democratic credentials. This article analyzes the democratic legitimacy of the UN “Protect, Respect and Remedy” Framework and the corresponding Guiding Principles, as developed by the former UN Special Representative for Business and Human Rights, Professor Ruggie. Applying De Búrca's democracy striving approach, the article provides insights into how the design and actual performance of the six year mandate of the Special Representative meet the democratic ideal of equality, participation and accountability. The findings hold that, to guarantee the continuant striving for the fullest and equal participation of all stakeholders, further steps are warranted to ensure that individuals from the Global South can equally and meaningfully partake in the implementation process of the Guiding Principles and contest their authority if deeming them to fail to meet the normative expectations of the people.     

The lawyers’ war: states and human rights in a transnational field

While torture and assassination have not infrequently been used by states, the post 9/11 ‘war on terror’ waged by the US has been distinguished by the open acknowledgement of, and political and legal justifications put forward in support of, these practices. This is surprising insofar as the primary theories that have been mobilized by sociologists and political scientists to understand the relation between the spread of human rights norms and state action presume that states will increasingly adhere to such norms in their rhetoric, if not always in practice. Thus, while it is not inconceivable that the US would engage in torture and assassination, we would expect these acts would be conducted under a cloak of deniability. Yet rather than pure hypocrisy, the US war on terror has been characterized by the development of a legal infrastructure to support the use of ‘forbidden’ practices such as torture and assassination, along with varying degrees of open defence of such tactics. Drawing on first-order accounts presented in published memoirs, this paper argues that the Bush administration developed such openness as a purposeful strategy, in response to the rise of a legal, technological, and institutional transnational human rights infrastructure which had turned deniability into a less sustainable option. It concludes by suggesting that a more robust theory of state action, drawing on sociological field theory, can help better explain the ways that transnational norms and institutions affect states.     

Human Rights and Sociological Duties

In recent years, scholars from a range of disciplinary orientations have looked to human rights to address an exceedingly complex, and often tragic, array of social problems. Nevertheless, as Judith Blau ( 2016 ) and many others have noted, despite the best efforts of dedicated supporters, people still remain separated from their rights. Why has realizing the promise of rights proven to be so elusive, and what can scholars do to help connect people with their rights?     

An emergent cosmopolitan paradigm? Asylum,welfare and human rights1

This paper addresses the recognition in cosmopolitan debate of a possible disjuncture between the normative ideal of cosmopolitanism and its realization in practice. Taking as its focus the potential conflict between human rights commitments and national concern about immigration control, it reflects on a series of legal challenges to UK government attempts to withdraw support from asylum seekers who do not claim on entry into the country. Set in the context of socio‐legal theory, these cases are analysed for signs of a ‘national’ or ‘cosmopolitan’ paradigm in judicial interpretation, and considered as a possible instance of reflexive judgment, espoused as a feature of cosmopolitanism.     

The Human Right to Food as Political Imaginary

The overwhelmingly normative nature of the study of Economic, Social, and Cultural (ESC) human rights enables ESC rights to function in their default settings as taken for granted norms and principles, originating in international agreements. This paper, instead, probes the social and historical “thingness” of ESC human rights themselves. It analyses the emergence of the Human Right to Food (HRF), and proposes a sociological model, political imaginary, as an explanatory tool to identify the historical socio‐discursive conditions of the emergence of the HRF. It uses this model to understand FoodFirst Internal Action Network (FIAN)'s contributions to the development of the HRF.     

Do public representatives in local governments know about “disability rights” in Pakistan? An awareness assessment case from Southern Punjab

Local self-government systems have been adopted in many countries to supervise local interests in development and provide a range of goods and services to localities. It is believed that awareness of certain issues itself guides duty-bearers to reshape and divert development in a certain direction. In Pakistan, elected representatives in district governments are the key duty-bearers at the local level. Hence, their awareness is indispensable to decision-making for local development and, thus, it is pertinent to assess it from a disability rights perspective. In-depth information collected from two districts has reflected that most of the public representatives are ill-informed about disability, day-to-day problems of disabled persons and their rights, which results in inadvertently disability-biased local development planning. An overriding impression gained from the results is that raising elected representatives’ awareness on disability and the rights of disabled people is imperative to embracing disability rights practice in local development.     

From Geneva to San José: The ILO standards and the Inter-American System for the protection of human rights

This article analyses how the Inter-American System for the protection of human rights has used ILO standards as a reference on matters relating to freedom of association and the rights of indigenous peoples. Having established the limits to their use, the authors also analyse how these standards have influenced recent Inter-American jurisprudence in relation to certain economic, social and cultural rights. They argue that such cross-referencing is both desirable and useful, since it allows the Inter-American bodies to base their arguments on the interpretation of specialized authorities, thereby reinforcing the credibility, normative legitimacy and universality of their decisions.     

Towards Greater Recognition of the Right to Play: An Analysis of Article 31 of the UNCRC

Children’s right to play is formally enshrined in Article 31 of the United Nations Convention on the Rights of the Child (UNCRC). However, few research studies have explored children’s experiences of play from an explicit rights‐based perspective. Using children’s views to illustrate the multi‐dimensional relationship Article 31 holds with other key children’s rights, this article shows how a rights‐based classification of play emphasises issues such as freedom, safety, choice and inclusion. The article highlights the fact that while Article 31 has provided an impetus for play policies throughout the UK, these have not been developed from an explicit rights‐based perspective. The article concludes by suggesting that the Committee on the Rights of the Child could take a greater lead on this issue through more robust monitoring and enforcement of Article 31.     

‘No‐one respects them anyway’: secondary school students’ perceptions of human rights education in Turkey

The incorporation of compulsory courses on human rights into the secondary school curriculum in 1998 has been an important first step in developing respect for human rights and responsibilities among the younger generation in Turkey. Yet, these courses have many shortcomings in terms of materials, pedagogy and teacher attitudes. This paper explores Grades 7 and 8 (ages 13 and 14) students’ experiences in Citizenship and Human Rights Education courses on the basis of qualitative data collected through focus group discussions in Ankara and Istanbul in the 2006–2007 academic year. The responses of the students indicate that these courses have had little impact in empowering students or in facilitating them to consider their own or others’ human rights as an integral part of their lives. Rather, the students perceive the national and the global arena as characterized by mass human rights violations against which they feel powerless. The paper draws attention to the importance of a revised human rights education for students along with a global focus and appropriate methodology.     

Changing Signs: The Political Pragmatism of Poststructuralism

In a recent issue of The New Republic, Martha Nussbaum singled out Judith Butler for a particularly venomous attack. Nussbaum's criticism was very simple: good theory leads to practical political action, and Butler's theories do not. Nussbaum's criticism of Butler echoes a general criticism leveled against the emerging field of queer theory. Many advocates of sexual rights have suggested that poststructuralist approaches do not have practical political application. In this essay, the authors argue that Butler's work points to a new political pragmatism. In the past, many advocates of sexual rights have focused on essentialized notions of sexual identity. A politically pragmatic approach, informed by Butler's theories, can shift the debate so that the issue of homophobic discrimination, rather than sexual identity, becomes a primary focus of the sexual rights movement.     

LEGITIMATING TRANSPHOBIA

Transgender persons are strangers to the law; or put more accurately, the legal imagination is so deeply entrenched in normative gender binarism as to effectively render transsexuals a ‘freakish’ anomaly to law. This essay attempts to offer a reflection on transgenderism, law and sexual crime from a human rights and criminal law perspective. It focuses on one of the most violent types of institution in society – the prison – and asks: what are the legal imagination and practice surrounding transgender prisoners as they are linked to social and cultural transphobia? What ‘human’ rights can be practiced for a dehumanized class? It first surveys the legal predicament of transgender prisoners in the US prison system in relation to Eighth Amendment rights provided by the US Constitution. The US situation has seen cases that have importantly shed light on other jurisdictions when engaging with the combined questions of prisoners’ rights and transgender rights together. The analysis is then taken to the context of Hong Kong prisons in a modest application. In contrast to some other Asian contexts (such as Taiwan, Thailand and Indonesia), critical cultural studies of transgenderism are non-existent in Hong Kong. Meanwhile, human rights studies of the same have only emerged through the work of legal scholar Robyn Emerton. It is hoped that a rights-based approach will emerge in Hong Kong for the protection of transgender inmates from sexual violence in local correctional facilities.     

Sexual orientation and the European Convention on Human Rights: What of the “L” in LGBT?

Abstract

The European Court of Human Rights (ECtHR) has long been celebrated for its role in advancing LGBT rights. This article adopts an intersectional feminist approach in order to critically examine the trajectory of the Court’s LGBT case-law from a gendered perspective. In doing so, it foregrounds the portrayal, experience and, indeed, invisibility of lesbian applicants. Adopting an intersectional approach that considers the gender dimension of sexual orientation claims provides a somewhat different perspective on the struggle for LGBT rights before the ECtHR and suggests that lesbian voices and experiences have been marginalized and excluded in the struggle for LGBT rights.