Fostering global dialogue: Conceptualisations of children's rights to participation and protection

The children's rights and child protection sectors are at a critical juncture: will they evolve to reflect and respond to changing conceptualisations in the 21st century or will they continue to reproduce 19th- and 20th-century preoccupations with saving child victims? Informed by systematic reviews of the English- and Latin American academic literature in Spanish and Portuguese and key informant interviews with international stakeholders, this paper fosters global dialogue with some Global South and Global North perspectives about the interconnections of children's rights. It explores current conceptualisations of child participation and protection, and concludes that children's rights will only progress after recognition of limitations inherent to current conceptualisations.     

A Civil Religion for World Society: The Direct and Diffuse Effects of Human Rights Treaties, 1981–20071

Much research has concluded that human rights treaties have a null or negative effect on governments’ human rights practices. This article reexamines the influence of human rights treaties, with a focus on two kinds of treaty effects: direct—the effect of treaties on the countries that ratified them; and diffuse—the effect of treaties on countries regardless of ratification. My analysis of two prominent human rights treaties finds that they often reduce levels of repression and abuse over time and independently of ratification. Some of these effects are nonlinear, reversing direction as time elapses or as more countries become party to the treaties. These findings are interpreted with reference to world polity institutionalism in sociology, and especially the “Durkheimian” strains of this approach. Human rights norms as embodied in treaties operate as a kind of civil religion for world society. These norms not only have long‐term direct effects among countries that ritualistically ratify human rights treaties, but they also diffusely impact countries irrespective of formal endorsement.     

劳动法视域下新生代农民工权利缺失问题

中国经济崛起和城市化进程过程中农民工的贡献有目共睹,城市让生活更美好的诱惑使得中国的新老两代农民工从农村流入城市,2008年1月1日的《劳动合同法》和《劳动争议调解仲裁法》让社会看到了改善农民工权利状况的希望,然而新生代农民工的权利保护尤其是作为一名劳动者的权利保护的现状依然不如人意,没有救济的权利不是真正的权利、迟来的正义是非正义,每年岁末对于农民工权益的突击性保障并不能从根本上解决问题,把包括农民工权益保障的社会问题纳入法治框架内、通过探析新生代农民工权利阙如问题及原因进而发现从制度层面进行解决才是解决农民工权益保障问题的根本途径。     

Values and rights: Content and form in social work education and practice

Social Work values have been the subject of extensive discussion relating to interpretation and their application in practice. A new discourse of rights now demands attention. It is argued that social work educators have not caught up with the central importance of rights. They have, as a consequence, failed to examine the difference between values and rights, and the importance of maintaining a balance between beliefs and compliance. This article argues that an analysis of the relationship between values and rights, and an awareness of the ways in which they crucially influence practice are vital to shaping the activity of social work in a world where, some have suggested, social work has become post-modern.     

Workers’ rights defence on China's internet: an analysis of actors

The discourse of ‘rights defence’ (weiquan), referring to the grassroots’ struggle for legal redress after their lawful interests are encroached upon, has gained increasing popularity in China in the last two decades. Given the ubiquity of the Internet nowadays, rights defence activities also take place online; in a small number of cases, they develop into a form of online activism. But what determines or contributes to the online visibility of some rights defence cases and the invisibility of others? In this paper, we investigate this by examining three highly visible workers’ rights defence campaigns in comparison with three similar cases that received almost no attention. Analysing the various actors involved, we argue that online rights defence tends to become visible and develop into online activism when one key actor, the state, which ought to be an impartial source of justice, is perceived to be collusive or to be playing an active role in the encroachment of people's rights and interests.     

Rights discourses in relation to education of people with intellectual disability: towards an ethics of care that enables participation

In this paper we argue that human rights approaches for intellectually disabled people have failed to recognise the complexity of rights claims made by and on behalf of this group. Drawing on a research project into discourses of education for intellectually disabled people in the Eastern Cape, South Africa we discern three rights discourses; namely, rights to full participation, rights to special services and rights to protection. These draw off a social model, a medical model and a protective model, respectively. We note that these discourses may be set up in contestation with each other. However, we argue that they can be seen as complementary if viewed within an ethics of care that enables participation. Within this conceptualisation, participation is viewed within relations of care but is subject to a critique that examines the role of context and disciplinary power in constructing dependency.     

Teaching Children about the Global Economy: Integrating Inquiry with Human Rights

Although children are already part of the global economy, they often have little understanding of its influence without explicit instruction. The article focuses on recommendations for teaching elementary students in grades three through five about the global economy utilizing the pedagogical recommendations from the National Council for the Social Studies and curricular and pedagogical suggestions from economic educators, human rights educators, and research. The author advocates using the inquiry arc to actively engage students in learning and integrating a human rights perspective, along with an economic perspective, to broaden students' understanding of the global economy. Economics helps young students learn why their clothes and toys are produced in different countries while human rights education enables them to comprehend the lives of workers who produce their clothing and toys. The inquiry arc also offers opportunities for young students to take action when they encounter human rights abuses during the production of their toys and clothing. Children are not only prepared for their future role as citizens but act as citizens while they are still children concerned about the human rights of all people involved in producing their clothes and toys.     

Children's Participation,Childhood Publics and Social Change: A Review

Progress in the implementation of children's participation rights in England is reviewed and situated within a broader agenda of social change. The article argues that much of the energy for ‘change for children’ has resided within a governance pathway across policy, practice and research. An alternative perspective is offered by re‐connecting children's rights debates to those of social movements and asking whether childhood publics are possible, what they might look like and where they might be found. It is concluded that a cross‐national and longitudinal perspective grounded in everyday life is likely to provide a more nuanced understanding of the change for children.     

Rights of access to land for outdoor recreation in New Zealand: : dilemmas concerning justice and equity

Rights of access to land for outdoor recreation are of current concern to many western governments. They require a balance to be struck between collective rights to the land and individual rights of exclusion. Theories of land rights have limitations in informing the appropriate apportionment of such rights for recreational access since they emanate from such a disparate range of cultural and philosophical positions and invariably they are based on the productive attributes of the land. Collectively, such theories do offer a number of characteristics that might inform land rights apportionment for access: historically determined justice, contemporary justice through citizenship, distributional equity, intergenerational equity and economic efficiency. These characteristics are explored in the context of the development of recreational access rights in New Zealand. Whilst notions of justice can be seen to be transgressed in land rights structures imposed through European settlement, these structures themselves were founded on notions of equity as a direct result of the loss of access rights in 19th Century England. The reassertion of Maori land rights compromises both distributional and intergenerational equity but may make a contribution to economic efficiency as well as re-establishing historically determined justice. The case study illustrates inherent dilemmas in rights apportionment for access to land for outdoor recreation where ultimately it may not be possible to achieve any consensual outcome.     

De Jure vs. De Facto Rights: A Response to “Human Rights: What the United States Might Learn from the Rest of the World and,Yes, from American Sociology”

Blau's ( 2016 ) argument for a Constitutional Project implies that changes in the U.S. Constitution would ensure fundamental adherence to human rights standards. We disagree with the assumption that legal and institutional instruments are guarantors of human rights practice. Instead, we see rights practices as the function of power struggles that include but go far beyond formal law. Instead, we emphasize an important distinction between de jure human rights instruments and de facto human rights practice, arguing that the focus on de jure instruments and legal discourse misses the significant effect of social movements and direct action that secure rights practice. De jure instruments may codify human rights and enumerate them as important, but they do not carry the authority of enforcement. We argue that the pursuit of human rights must be reframed to include both de jure and de facto human rights terrains. While charitable provisions from generous states can temporarily relieve specific human rights abuses, universal human rights practice requires establishing the fundamental political primacy of the people through the processes of the human rights enterprise.     

The Past is Ever Present: Transnationalism Old and New – Italian and Mexican Immigrants in the US

The paper focuses on what is old and what is new in transnationalism by analyzing extraterritorial attempts of the Italian and Mexican governments. During the large southern/ eastern European immigration to the US from 1890 to the 1920s, Italian immigrants reached 24 percent of the immigrant wave. Mexican documented and undocumented immigrants from the 1980s until 2010s made up 30 percent of the immigrant wave almost a century later. Transnational immigrants live in a country in which they do not claim citizenship rights and claim citizenship rights in a country they do not live in. Therefore migration and immigrant policies challenge both sending and receiving states. Foreign governments are limited in the policies and practices that they can enforce. A comparison of state policies from Italy and Mexico challenges the fact that transnationalism is significantly different and new.     

The lesbian rights movement and feminism in South Korea

The lesbians' rights movement in South Korea has undertaken various projects for solidarity with feminist movement groups for over 10 years. In spite of these efforts, lesbian issues have been blatantly excluded from all the agendas of women's rights. The same thing has happened in Women's Studies. Some feminists express homophobic thoughts without understanding the reality of lesbians, and other young scholars take on a lesbian identity temporarily as a sign of being progressive and liberated; in neither situation are they committed to dealing with the oppression of lesbians or seeing lesbian rights as a feminist concern. In order to further lesbian rights there are two strategies possible: forming a movement only for lesbians or forming solidarity with feminists. In the latter case, a concern about lesbian rights will help achieve the goals of a true feminism as patriarchy is built upon heterosexism. doi:10.1300/J155v10n03_11.     

Subject to a new law: historicizing rights and resistance in Maya anti-mining activism

ABSTRACT

Since 2004, the Marlin Mine, located in North-west Guatemala, has produced conflict between Goldcorp, the Guatemalan state and the primarily indigenous Mayan communities affected by the mine. This conflict has generated local anti-mining movements that organized community consultations which, grounded in indigenous rights law and Mayan decision-making practices, allow affected communities to decide whether or not to permit mining in the region. While communities resoundingly rejected open-pit mining, and while this decision received international support, the Marlin Mine continues operations. Drawing on field research and new developments in philosophies of rights, this paper makes two related arguments. First, Mayan anti-mining resistance must be situated within a broader colonial history defined by exploitation and primitive accumulation. Second, Mayan activism challenges current conceptions of the relationship between rights, cultural identity and political agency; most significantly, Mayans do not only claim rights on the basis of identity, they enact and politicize the form in which these rights potentially take place.     

Human rights at the heart of the social work curriculum

ABSTRACT

Social work policy and practice all over the world continue to face the impact of the neoliberal agenda. Similarly, social work education has been subject to the economic and political changes, with an increasing emphasis on a discourse of ‘evidence-based practice’. However, it is the core of social work programs in higher education to initiate students in the fundamental values of social work, as they are recognized in the global definition of social work. In order to prepare future social workers for their assignment, human rights should be given an explicit place in the social work curricula at Universities and Universities of Applied Sciences.

For human rights to gain more attention in social work programs in higher education, a Manifesto was written by lecturers’ social work in the Netherlands and Flanders, with a 5-point program to include human rights in the social work curricula. In this article, we elaborate on the five objectives that are presented in the Manifesto. Throughout the paper, we introduce small ‘case examples’ of how human rights can be integrated in education. These experiences show the importance of developing a particular social work perspective on human rights that is found in the idea of ‘human rights from below.’     

Sociology and Human Rights in the Post‐Development Era

This article explores the dilemmas of the sociology of human rights – a growing field of academic research. Sociologists are increasingly conceptualizing poverty, global economic inequality, and social inequalities of race, class, gender, and sexual orientation not as social problems, but rather as human rights abuses. The shift of emphasis from the social problems perspective to the human rights perspective demands a different set of remedies from IGOs, national governments, and local authorities. Whereas in the past sociologists tended either to recommend modifications to social policies or to propose large‐scale social transformation, they now find themselves advocating the implementation of human rights on the global, national, and local levels. This has brought sociologists into the area of global governance. The process of delineating an explicitly sociological perspective on human rights is impeded by two overlapping dilemmas: (1) the tension between an approach that emphasizes the analysis of ‘rights effects’ on the global, national, and local levels and an approach that stresses the advocacy of rights as a palliative for social inequalities; and (2) the tension between an interdisciplinary vision, in which sociology would join other disciplines in illuminating human rights and a unidisciplinary vision, in which sociologists and their allies would push for a unified social science founded on human rights.     

Vernacularization on the ground: local uses of global women's rights in Peru,China, India and the United States

The articles published in this special journal issue examine how global ideas about women's rights actually get used in four contexts – China, India, Peru and the United States. Our findings result from collaborative research conducted by teams in each country. We call the process of appropriation and local adoption of globally generated ideas and strategies vernacularization. In each country, vernacularization differed depending on the contents of the global women's rights packages at play, the work of vernacularizers and the different social positions they occupy, how human rights ideas are framed, the channels and technologies of transmission, and the local geographies of history and culture within which circulation and vernacularization take place. We find that vernacularization is a widespread practice that takes different forms in different kinds of organizations and in different cultural and historical contexts. Ongoing tensions between global and national rights ideas are quite common. Finally, our work brings to light two dilemmas in the way human rights are appropriated and used – a resonance dilemma and an advocacy dilemma – both arising from the disparity between human rights as law and human rights as a social movement.     

The ideologies of U.S. and Canadian IR scholars: A comparative analysis and construct validation

This paper: (1) reports the findings of a 1991 survey of the values and beliefs of U.S. IR scholars and compares these to the findings of a Canadian survey conducted a year earlier and (2) examines the structure, covariates, and construct validity of a scale measuring ideology developed from the Canadian data and incorporated in the U.S. survey. It finds U.S. scholars in general to be slightly more conservative than their Canadian counterparts. However, as in Canada, they evince considerable support for enhanced legal rights and protections for workers, while at the same time supporting the cooperativist schemes associated with the progressive HRM paradigm. This suggests aquid pro quo of sorts: that if workers are to undergo the sacrifices associated with these schemes (e.g., reduced rights under the collective agreement), they should be provided with increased rights under the law. Finally, the measure of ideology developed from the Canadian data is replicated by the U.S. survey; its covariates are also similar; and it conforms to a number of construct validity criteria. I thank Martin Morand and Jack Fiorito for comments on an earlier draft of this paper. Liz Campbell and Peter Stoyko provided research assistance.     

The Rights of Graduate Psychology Students with Disabilities

Abstract

Students with disabilities in graduate school have requirements additional to those of non-disabled students, and face barriers to retention and graduation. This paper addresses the issues facing students with disabilities in clinical graduate programs, and outlines a dozen specific rights for students with disabilities. The legal and social contexts for considering these rights are examined. Three legal tenets (separate is not equal; equality versus equity; assumption of innocence until proven guilty) are discussed as they apply to disability. Twelve suggestions for making the application process more accessible to persons with disabilities are offered.     

“The EU Should Talk to Germany” Transnational Legal Consciousness as a Rights Claiming Tool among Undocumented Migrants

Migrants must often negotiate their rights while being hampered by their precarious resident status, within contexts where the overlap of migration, welfare, labour and gender regimes lead to incoherent and contradictory institutional set‐ups that hinder their claiming of rights. The analysis of the legal consciousness of undocumented migrants in Germany reveals a complex set of orientations. On some occasions they waive their rights, accepting lower working conditions in order not to lose their jobs – a finding that confirms existing research. At the same time, they also informally “enact” rights and access to institutions themselves. They appeal to the experiences of undocumented migrants with laws and access to social services in other countries. The finding of relatively widespread transnational legal consciousness adds a new dimension to the scholarship on migrant legal consciousness and claims‐making, which has hitherto portrayed undocumented migrants as living in a legal limbo between their countries of origin and destination.     

Opposition to gender-sensitive development. Learning to answer back

Opposition to gender-sensitive development policies can arise within the very development agencies charged with implementing the policies. Agencies may maintain that policies on equality for women are unnecessary because development is concerned with improving welfare in general. This can be refuted by referring to the literature which points out that failure to address the specific needs of women means their exclusion from the development process. Agencies may argue that women's equality is a political rather than a developmental issue. This is countered by the fact that the "Forward-Looking Strategies" define women's development, equality, and empowerment as intertwined processes. Agencies may say that promoting women's equality constitutes undue interference in a country's internal affairs. This is wrong because aid programs should not be supported in countries which do not support women's rights. Agencies may claim that they must work within the existing laws and policies of a developing country. This is partly correct, but the point must be limited because policies and laws may be "given," but they are not fixed. An agency may state that they have no business seeking or promoting change in existing social and customary practices. This is wrong where such practices stand in the way of development and because any development project is by definition a social and economic intervention. Agencies may consider their policy on women an inappropriate imposition of Western ideas. This is wrong because international conventions place a concern for women's rights on a level with a concern for human rights. Finally, agencies may maintain that women in developing countries do not desire equality with men. While it may be true that women accept their subordinate position, this does not offset issues of human rights and equal development. Oppressed women may be very silent; given the opportunity, they generally have a great deal to say.