Journal articles: 'Champoining human rights discourse'

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MINNEMA, Lourens. "Hindu Discourse and Human Rights Discourse." Studies in Interreligious Dialogue 16, no. 2 (October 13, 2006): 133–47. http://dx.doi.org/10.2143/sid.16.2.2017805.

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ALEXY, ROBERT. "Discourse Theory and Human Rights*." Ratio Juris 9, no. 3 (September 1996): 209–35. http://dx.doi.org/10.1111/j.1467-9337.1996.tb00241.x.

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Shahghasemi, Ehsan. "Human Rights against Human Rights: Sexism in Human Rights Discourse for Sakineh Mohammadi." Society 53, no. 6 (October 26, 2016): 614–18. http://dx.doi.org/10.1007/s12115-016-0073-x.

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Yildirim, Seval. "Empowering the Human in Human Rights Discourse." Proceedings of the ASIL Annual Meeting 100 (2006): 409–11. http://dx.doi.org/10.1017/s0272503700024848.

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Prasad, Ajnesh. "Cultural Relativism in Human Rights Discourse." Peace Review 19, no. 4 (November 2007): 589–96. http://dx.doi.org/10.1080/10402650701681236.

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Schuftan, Claudio. "The Human Rights Discourse in Health." Perspectives on Global Development and Technology 4, no. 2 (2005): 245–50. http://dx.doi.org/10.1163/1569150054738989.

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AbstractAs is long overdue, this paper attempts to expose "health development" professionals to the Human Rights discourse in the health sector. This paper is presented as an advocacy piece for an alternative to the existing "Health Sector Reform" (HSR). HSR is primarily advocated by the World Bank and is influencing World Health Organization (WHO) policy (WHO 2000). Literature concerning the contrasting of these two approaches to health is scarce. Consequently, for many readers, this paper will mark their first exposure to the human rights-based approach to work in health; for others, it will reinforce and refresh some of their already known key concepts.

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Kim, Kyung-Min. "Human rights on borders: Literary Discourse of Human Rights about Refugee." Korean Journal of Law and Society 63 (February 28, 2020): 1–24. http://dx.doi.org/10.33446/kjls.63.1.

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CHWASZCZA, CHRISTINE. "The Concept of Rights in Contemporary Human Rights Discourse." Ratio Juris 23, no. 3 (August 12, 2010): 333–64. http://dx.doi.org/10.1111/j.1467-9337.2010.00458.x.

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Malek, Md Abdul, and Muhammad Abdur Razzak. "Rights of the elderly: an emerging human rights discourse." International Journal of Law and Management 59, no. 2 (March 13, 2017): 284–302. http://dx.doi.org/10.1108/ijlma-03-2016-0036.

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Purpose This paper aims to demonstrate the specialty of the elderly issues and acknowledge the existence of their specific human rights that propose for a special treatment to be given or shown to them as priority as women or children, etc. Indubitably, the very issue is timely in all perspective. Because it is now axiomatic that the fastest growing elderly population becomes a challenge for the whole world for manifold reasons. They include, inter alia, the lack of a social security apparatus or if any, they are insufficient; the weakening of traditional family bonding; almost no explicit references to elderly people in existing international human right laws; and mere stand-by of soft law addressing the rights of the elderly over time. Consequently, these all have probably failed to meet the most urgent needs of this growing demographic. Design/methodology/approach This paper is an effort made to recognize the “particular vulnerability” of the older persons and with identification of “specific rights”, advocate for special treatment for them and, optimally, the realization of their rights with respect. Findings In addition, this treatise attempts to focus on the nature and constitutional importance of elderly rights with the aim of providing the elderly with social security and prioritization; and more particularly, scrutiny of the impending and timely imperative for formulation of new legal instrument so as to adequately address the issue globally.

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Savage, Larry. "Workers' Rights as Human Rights." Labor Studies Journal 34, no. 1 (January 5, 2009): 8–20. http://dx.doi.org/10.1177/0160449x08328889.

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In the wake of a series of prolabor Supreme Court decisions in Canada, the mantra of “workers' rights as human rights” has gained unprecedented attention in the Canadian labor movement. This article briefly reviews the Canadian labor movement's recent history with the Supreme Court before arguing that elite-driven judicial strategies, advocated by several academics and Canadian unions, threaten, over time, to depoliticize traditional class-based approaches to advancing workers' rights. The argument is premised on the notion that liberal human rights discourse does little to address the inequalities in wealth and power that polarize Canadian society along class lines.

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McWhorter, Ladelle. "Human rights without human nature: Foucault’s transformative retrieval of liberal rights discourse." Journal of Political Power 10, no. 1 (January 2, 2017): 119–22. http://dx.doi.org/10.1080/2158379x.2017.1284168.

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Fabricant, Nicole. "Legitimacy Lost: Human Rights Discourse in Washington." NACLA Report on the Americas 44, no. 5 (September 2011): 26–27. http://dx.doi.org/10.1080/10714839.2011.11725556.

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Gerard A. Hauser. "The Moral Vernacular of Human Rights Discourse." Philosophy and Rhetoric 41, no. 4 (2008): 440–66. http://dx.doi.org/10.1353/par.0.0016.

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Winkiel, Laura. "Nigerian Nation-Building and Human Rights Discourse." English Language Notes 50, no. 1 (March 1, 2012): 131–34. http://dx.doi.org/10.1215/00138282-50.1.131.

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Pitsoe, Victor J. "Teaching Human Rights Education: A Foucauldian Discourse." Journal of Sociology and Social Anthropology 3, no. 2 (December 2012): 153–61. http://dx.doi.org/10.1080/09766634.2012.11885575.

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Mol, Arnold Yasin. "Islamic Human Rights Discourse and Hermeneutics of Continuity." Journal of Islamic Ethics 3, no. 1-2 (December 27, 2019): 180–206. http://dx.doi.org/10.1163/24685542-12340031.

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Abstract After World War II the United Nations developed new international law constructs in cooperation with the majority of the world’s nations, which were mainly based on a Western hermeneutic of rights. This international humanistic project provided new anthropological constructs which were seen as compatible or non-compatible, by Muslims or non-Muslims, with Islam. When analyzing these discussions on Islam and human rights discourse into a typology they can provide insights where compatibility and non-compatibility lies, and where possible reinterpretation is needed. Within the typology, two forms of discourses can be discerned: Islamic human rights discourse as the internal Muslim discourse on human rights and the external ‘Islam and human rights’ discourse which emerged together with the modern human rights regimes. By analyzing the different elements of what constitutes Islam and human rights discourse we can derive new understandings and strategies in how to engage a modern Islamic human rights discourse and constitute an Islamic science of human rights (ʿilm al-ḥuqūq) which provides a hermeneutics of continuity between Islam and modern human rights and overcomes both apologetics and othering.

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Ramanzini, Isabela Garbin. "Human duties and the limits of human rights discourse." International Affairs 94, no. 4 (July 1, 2018): 931–32. http://dx.doi.org/10.1093/ia/iiy068.

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Sarelin, A. "Giving Meaning to Human Rights: An Analysis of Human Rights Discourse in Malawi." Journal of Human Rights Practice 6, no. 2 (May 25, 2014): 259–80. http://dx.doi.org/10.1093/jhuman/huu001.

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Ugor, Paul. "Bonny Ibhawoh’s human rights in Africa: rethinking Africa in the human rights discourse." Canadian Journal of African Studies / Revue canadienne des études africaines 52, no. 3 (September 2, 2018): 365–70. http://dx.doi.org/10.1080/00083968.2018.1546197.

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Peterson, V. Spike. "Whose Rights? A Critique of the “Givens” in Human Rights Discourse." Alternatives: Global, Local, Political 15, no. 3 (July 1990): 303–44. http://dx.doi.org/10.1177/030437549001500304.

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Domaradzki, Spasimir, Margaryta Khvostova, and David Pupovac. "Karel Vasak’s Generations of Rights and the Contemporary Human Rights Discourse." Human Rights Review 20, no. 4 (September 6, 2019): 423–43. http://dx.doi.org/10.1007/s12142-019-00565-x.

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Gómez Sánchez, Davinia. "Transforming Human Rights through Decolonial Lens." Age of Human Rights Journal, no. 15 (December 15, 2020): 276–303. http://dx.doi.org/10.17561/tahrj.v15.5818.

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This article problematizes the Human Rights conceptualization embodied in the International Human Rights Law corpus. It considers human rights as a Western construct rooted in a particular historical context, located in a specific ideological background and grounded in a concrete socio-cognitive system. Thus, in disregard of features of non-dominant cultures, the mainstream human rights grammar became a discourse of empire. Building on TWAIL and decolonial theory, this article challenges that hegemonic human rights discourse while providing a justification for incorporating other conceptualizations of rights through an inter-epistemic conversation with alternative world-views.

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Sun, Pinghua. "Duansheng Qian’s thoughts on human rights." International Journal of Legal Discourse 5, no. 1 (May 26, 2020): 35–56. http://dx.doi.org/10.1515/ijld-2020-2027.

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AbstractDuansheng Qian was a renowned scholar in the period of the Republic of China who studied in depth and at length the legal systems of different countries. His discourse constitutes a rich treasure of political and legal thought and numerous ideas on human rights. Much of his discourse touches on the concept of protecting human rights. A study of Qian’s works reveals the breadth and width of his ideas on human rights that form an important part of Chinese concepts on human rights. Many of these concepts are of great historical and practical significance.

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Bateup, Christine. "Can reproductive rights be ‘human’ rights? Some thoughts on the inclusion of women's rights in mainstream human rights discourse." Australian Journal of Human Rights 6, no. 2 (September 2000): 33–56. http://dx.doi.org/10.1080/1323238x.2000.11911042.

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Sun, Pinghua. "Chinese Discourse on Human Rights in Global Governance." Chinese Journal of Global Governance 1, no. 2 (February 12, 2016): 192–213. http://dx.doi.org/10.1163/23525207-12340011.

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China’s discourse on human rights has a very rich and colorful content and the construction thereof has its own particular characteristics. Approaches to examine it should be adopted to understand thoroughly both the past and the present and both Chinese and Western methods of integration of theory into practice. Many important human rights factors are embodied in traditional Chinese culture and Confucianism became an important basis of the international consensus on morality. The Chinese representative, Peng-chun Chang made historical contributions to the construction of the international human rights protection system. These represent the core texts in constructing China’s human rights discourse, which will play an important role in China’s struggle for authority in the international discourse on human rights and dominance in global governance.

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Baek, Seungmin, and Minzee Kim. "Discourse of Single-Person Households and Human Rights." Journal of Social Science 28, no. 4 (October 31, 2017): 217–41. http://dx.doi.org/10.16881/jss.2017.10.28.4.217.

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Fine, Robert. "Dehumanising the dehumanisers: reversal in human rights discourse." Journal of Global Ethics 6, no. 2 (August 2010): 179–90. http://dx.doi.org/10.1080/17449626.2010.494364.

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Murray, Joseph J. "Linguistic Human Rights Discourse in Deaf Community Activism." Sign Language Studies 15, no. 4 (2015): 379–410. http://dx.doi.org/10.1353/sls.2015.0012.

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Bal, Peter. "Discourse ethics and human rights in criminal procedure." Philosophy & Social Criticism 20, no. 4 (October 1994): 71–99. http://dx.doi.org/10.1177/019145379402000404.

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Valentini, Laura. "Human rights and discourse theory: some critical remarks." Critical Review of International Social and Political Philosophy 17, no. 6 (July 17, 2014): 674–80. http://dx.doi.org/10.1080/13698230.2014.930781.

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Carle, Robert. "Revealing and concealing: Islamist discourse on human rights." Human Rights Review 6, no. 3 (April 2005): 122–37. http://dx.doi.org/10.1007/bf02862219.

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Shirzad, Morteza. "Should a Human Right Discourse be Applied to Labour Standards?" European Journal of Social Sciences Education and Research 4, no. 1 (August 30, 2015): 75. http://dx.doi.org/10.26417/ejser.v4i1.p75-80.

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Whether a rights discourse should be applied to labour standards, entails addressing two issues. Firstly, what are the philosophical grounds for labour rights and whether they are human rights at all? Even if they cannot be regarded as human rights, should they be applied strategically? While, there is no single comprehensive theory identified to provide sufficient grounding for all labour rights, this paper argues, firstly, that labour rights certainly lack characteristics of universal human rights since they are time-bound and place-bound. Secondly, while recognising the relatively large strategic turn to human rights discourse by labour scholars and labour organisations, this paper argues that this is not a universally applicable strategy and in fact in some contexts application of human rights discourse is counterproductive. The paper, thus, concludes that not only deploying human rights approaches when it comes to countries authoritarian contexts are not effective, but also it is highly likely to be counterproductive, since human rights discourse needs public rights awareness public and authoritarian contexts lack this awareness.

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Gearty, Conor. "Terrorism and Human Rights." Government and Opposition 42, no. 3 (2007): 340–62. http://dx.doi.org/10.1111/j.1477-7053.2007.00227.x.

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AbstractSince the formal invocation of the Universal Declaration of Human Rights in 1948, much global discourse has been shaped by those principles, to the extent that one could without exaggeration describe the period as an ‘age of human rights’. But will and indeed can that survive the perceived danger arising from violent acts of terrorism? Is this now an ‘age of terrorism’– or at least, an ‘age of counter-terrorism’– in which human rights are being accorded a secondary status? This article considers those contentions and also advocates particular roles for those who work in the human rights field.

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Ibhawoh, Bonny. "Cultural Relativism and Human Rights: Reconsidering the Africanist Discourse." Netherlands Quarterly of Human Rights 19, no. 1 (March 2001): 43–62. http://dx.doi.org/10.1177/092405190101900104.

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Discussions about cultural relativism and the cross-cultural legitimacy of human rights have been central to contemporary human rights discourse. Much of this discussion has focussed on non-Western societies where scholars have advanced, from a variety of standpoints, arguments for and against the cultural relativism of human rights. Arguments for ‘Asian Values’ and lately, ‘African values’ in the construction of human rights have defined this debate. This paper reviews some of the major arguments and trends in the Africanist discourse on the cultural relativism of human rights. It argues the need to go beyond the polarities that have characterised the debate. It argues that while an Afrocentric conception of human rights is a valid worldview, it need not become the basis for the abrogation of the emerging Universal human rights regime. Rather, it should provide the philosophical foundation for the legitimisation of Universal human rights in the African context and inform the cross-fertilisation of ideas between Africa and the rest of the world.

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Langlois, Anthony J. "Human rights: the globalisation and fragmentation of moral discourse." Review of International Studies 28, no. 3 (July 2002): 479–96. http://dx.doi.org/10.1017/s0260210502004795.

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The language of human rights, along with much else in international relations, presently exhibits the features of globalisation and fragmentation. Globalisation in that human rights is used throughout the world at many levels to discuss moral approval and condemnation. Fragmentation in that human rights means different things to different people, and may well be used in contradictory ways by agents of social change. Yet most advocates of human rights wish to retain the adjective ‘universal’ along with a sense of the moral objectivity of human rights. This article suggests that a better way to ensure human rights universalism is to think of the concept as a tool, not an objectively existing moral standard or entity.

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Platts, Mark. "The Languages of Rights and of Human Rights." Philosophy 85, no. 3 (June 23, 2010): 319–40. http://dx.doi.org/10.1017/s0031819110000215.

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AbstractIn an attempt to control the ‘ballooning’ of (discourse about) human rights James Griffin proposes a theory of them grounded in their presumed aim of protecting what he calls ‘normative agency’. This paper criticizes the resulting theory's restriction of those thereby deemed to possess human rights only to functioning human agents, and does so in part through special attention to cases of human beings trapped in non-functioning bodies. The need for a less stringent account of the conditions necessary for possession of human rights is suggested, and is defended against the claim that adoption of such an account would continue to favour debasement of the language of human rights.

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Shi-xu. "Understanding the Chinese discourse of human rights as cultural response." Cultural China in Discursive Transformation 21, no. 2 (July 5, 2011): 196–212. http://dx.doi.org/10.1075/japc.21.2.03xu.

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In this paper, I present a theoretical and empirical analysis as well as assessment of Chinese political discourse from a culture-interactive and culture-competitive perspective. Against the background of the common political-economic, and West-centric frame of Chinese communication, it is argued that Chinese political discourse is not in isolation from wider international culture and history and especially the intercultural context of power struggle, but should rather be seen as a dynamic, culturally responsive agent in both localized and globalizing interaction. Accordingly, this perspective is applied to the particular case of the Chinese discourse of human rights in the past two decades. Through this culturally-minded discourse analysis, it is shown that the Chinese discourse of human rights constitutes as a hegemony-resistant response through active participation, claiming conceptual and operational diversity, and direct confrontation in response to especially the American-Western subordinating discourse on the issue, achieving a significant advancement in the human discourse of human rights thereby.

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Gavison, Ruth. "Immigration and the Human Rights Discourse: The Universality of Human Rights and the Relevance of States and of Numbers." Israel Law Review 43, no. 1 (2010): 7–48. http://dx.doi.org/10.1017/s0021223700000030.

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The main thesis of this Article is that the tendency to sweepingly use the human rights discourse in immigration contexts may be misguided. Moreover, the expansion of the human rights discourse beyond its natural and critical scope may have negative results and encourage states to act in ways that may harm important interests of immigrants. The unsuitability of applying human rights discourse to many of the core issues of immigration policy derives from three main reasons: First, is the immanent tension between the moral claims that rights are universal and apply to all individuals, and the fact that actual protection of human rights is the primary responsibility of states. Second, is the related distinction between the basic recognition of a human right and the processes of identifying the nature and scope of the duties such recognition involves. Third, are the institutional implications of choosing between the human rights discourse and discussion of policy questions. Issues determined by rights that have already been regulated can and should ordinarily be decided by independent courts; while issues of policy, especially ones that involve extensive enforcement and administrative structures, should be debated, resolved, and implemented by political players. While there are important aspects of immigration that do belong to core human rights in the strongest sense, most typical immigration issues are not, at this stage, matters of universal human rights.

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Landy, David. "Talking human rights: How social movement activists are constructed and constrained by human rights discourse." International Sociology 28, no. 4 (July 2013): 409–28. http://dx.doi.org/10.1177/0268580913490769.

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Lee, Young A. "A Study on Human Rights Impact Assessment for Human Rights Discourse in National Territorial Policy." Korean Association of Space and Environment Research 75 (March 30, 2021): 139–67. http://dx.doi.org/10.19097/kaser.2021.31.1.139.

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41

Bu, Qingxiu. "Chinese Multinational Companies in Africa: The Human Rights Discourse." African Journal of Legal Studies 8, no. 1-2 (June 2, 2015): 33–86. http://dx.doi.org/10.1163/17087384-12342061.

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In this century, human rights have been transformed into a mainstream issue for multinational companies with a global presence. It is likely that a multipronged mechanism will imminently be demanded to ensure the accountability of economic actors responsible for human rights abuse. This paper places particular stress on the ostensibly prioritized objectives within international human rights arenas. A highly contentious debate revolves around whether China’s approach to ensuring human rights is in tandem with the West’s in helping Africa move forward or whether it will complicate the current playing field and even undermine the West’s long-standing credibility in relation to the protection of human rights. Relying heavily on instruments like the Alien Tort Statute (ats) has proved inadequate. A more promising path seems to be a comprehensive framework of hard law and soft law initiatives, along with other incentives.

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Cragg, Wesley, Denis G. Arnold, and Peter Muchlinski. "Guest Editors’ Introduction: Human Rights and Business." Business Ethics Quarterly 22, no. 1 (January 2012): 1–7. http://dx.doi.org/10.5840/beq20122212.

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Barreto Jr., Raimundo César. "Human Rights Discourse and Interculturality: Insights from the Margins." REFLEXUS - Revista Semestral de Teologia e Ciências das Religiões 12, no. 20 (December 7, 2018): 543. http://dx.doi.org/10.20890/reflexus.v12i20.746.

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Since the early 1970s, human rights discourse has swept across the globe, becoming common currency in world politics. Approaching the end of the 20thcentury, not only was there a significant increase in the use of the term “human rights” in official documents but the number of countries ratifying important international treatises protecting human rights also proliferated. According to Emilie Hafner-Burton and James Ron, 150 countries have ratified the two principal human rights treatises, namely, the International Covenant on Civil and Political Rights (ICCPR) and the Covenant Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). On top of that, new global social movements employ the language of “rights” or “human rights” in their reasoning; such movements include women’s movements, green movements, and indigenous peoples’ movements. Despite the sweeping use of human rights language, important questions have been asked about its efficacy.Interrogando as reivindicações universalistas em articulações discursivas dos Direitos Humanos, este artigo promove a necessidade de tornar os direitos humanos mais significativos e eficazes para as vidas daqueles que são empobrecidos, oprimidos, excluídos ou discriminados em diferentes culturas e contextos. Levando em consideração o atual cenário marcado ambiguamente pela globalização e pela pluralidade, bem como a ascensão da África e da Ásia pós-colonial , além do discursos decoloniais latino-americanos, o artigo sugere uma abordagem intercultural dos direitos humanos que considera mais plenamente diferentes vozes, entendimentos e interpretações, bem como estruturas e relações de poder que desempenham um papel em eclipsar e obstruir a liberdade de discursos pós-coloniais. Em contraste com uma imposição de cima para baixo de um discurso abstrato de universalização dos direitos humanos, esse artigo propõe uma abordagem de baixo para cima dos direitos humanos que leva a sério a multiplicidade de tradições e culturas que informam as visões de mundo e a vida cotidiana das pessoas.

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Bomhoff, Jacco, and Lorenzo Zucca. "Evans v. UK – European Court of Human Rights." European Constitutional Law Review 2, no. 3 (October 2006): 424–42. http://dx.doi.org/10.1017/s157401960600424x.

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Proportionality review and, in particular, ad hoc judicial balancing of competing rights and interests are probably the most celebrated tools propagated by the European Court of Human Rights (ECtHR) and are currently dominant features of the European discourse on rights. This methodology and its discourse, in fact, have gained such widespread popularity that, although the outcome of Convention-based and other fundamental rights claims is often far from certain, the way they will be treated by judges can be predicted with some confidence.

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Masitera, Erasmus. "Economic Rights in African Communitarian Discourse." Theoria 65, no. 157 (December 1, 2018): 15–36. http://dx.doi.org/10.3167/th.2018.6515703.

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There has been much debate on the question of rights in African communitarian thinking. Some scholars have averred that duties are prior to rights in African communitarian society, and that to prioritise rights is foreign to the non-Western perspective. Yet, there are others who argue that in non-Western societies rights are prior to duties. I share this view. I present my position by arguing that economic rights in African communitarianism affirms autonomy of the individual, though the same rights are expressed through the ideas of consensus and human well-being. In my argument I state that human well-being is well expressed as a communal effort climaxed through consensus where all these are premised on individual autonomy. By arguing in this way, I respond to the accusation that says African philosophers who argue for the priority of rights have failed to demonstrate how rights are considered prior to duties in African societies.

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Barak, Aharon. "Human Rights in Israel." Israel Law Review 39, no. 2 (2006): 12–34. http://dx.doi.org/10.1017/s0021223700012991.

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This Article discusses the normative basis for the protection of human rights in Israel and discusses various effects of the Basic Law: Human Dignity and Liberty enacted in 1992. The Article points out that this “constitutional revolution” affected not only the judiciary, which enforces the protection of human rights, but both the executive and the legislative branches that have also internalized the constitutional revolution, by carefully evaluating every bill proposed and every other government action to ensure that it passes constitutional muster. Additionally, the Article discusses the effect of the constitutional revolution on public discourse in Israel. A central part of the discussion is devoted to the role of the protection of human rights in the territories occupied by Israel since 1967, and to the role of the protection of human rights during periods of terror activities.

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Rodriguez-Martinez, Jorge Mario. "Human Rights Discourse and the Limitations of Transitional Justice." Radical Philosophy Review 15, no. 2 (2012): 417–21. http://dx.doi.org/10.5840/radphilrev201215237.

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48

Baynes, Kenneth. "Discourse ethics and the political conception of human rights." Ethics & Global Politics 2, no. 1 (January 2009): 1–21. http://dx.doi.org/10.3402/egp.v2i1.1938.

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Glushkova, S. I., and K. E. Martynov. "Modern Discourse of Human Rights: Main Issues and Contradictions." Discourse-P 35, no. 2 (September 1, 2019): 98–106. http://dx.doi.org/10.17506/dipi.2019.35.2.98106.

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Fabricant, Nicole. "Defending Democracy? Human Rights Discourse in Santa Cruz, Bolivia." NACLA Report on the Americas 44, no. 5 (September 2011): 23–28. http://dx.doi.org/10.1080/10714839.2011.11725555.

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Journal articles on the topic 'Champoining human rights discourse'

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