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Journal articles on the topic 'Tools for human rights discourse'
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1
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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Herrera Torres, Diana Marcela. "Children as subjects with rights in EFL textbooks." Colombian Applied Linguistics Journal 14, no. 1 (June 29, 2012): 45. http://dx.doi.org/10.14483/22487085.3812.
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This paper illustrates how a Colombian EFL textbooks’ series deals with the educational discourse of children as subjects with rights andthe new conception of childhood from a Rights Perspective, taking into account UNICEF’s conclusions on the current situation of children’srights in Colombia where children are being silenced, discriminated against, and exploited by social practices as such. Using Critical DiscourseAnalysis tools this paper identifies different discourse strategies related to an educational discourse of children as rights-bearing subjects.The results show three main discourse strategies that reveal the way EFL textbooks tend to portray children as members of society: genderand racial visibility, human being’s passivity, and value- system inclusion. Although the EFL textbooks address some of the principles thatsupport the educational discourse of children as subjects with rights, they still have the tendency to represent children as passive subjectsand non-right holders.
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Dhir, Aaron A. "Shareholder Engagement in the Embedded Business Corporation: Investment Activism, Human Rights, and TWAIL Discourse." Business Ethics Quarterly 22, no. 1 (January 2012): 99–118. http://dx.doi.org/10.5840/beq20122216.
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ABSTRACT:The expansion of extractive corporations’ overseas business operations has led to serious concerns regarding human rights–related impacts. As these apprehensions grow, we see a countervailing rise in calls for government intervention and in levels of socially conscious shareholder advocacy. I focus on the latter as manifested in recent use of the shareholder proposal mechanism found in corporate law. Shareholder proposals, while under-theorized, provide a valuable lens through which to consider the argument that economic behaviour is embedded within social relations. In doing so, I situate my analysis within Third World Approaches to International Law (TWAIL) scholarship. Elsewhere, I have supported the use of corporate law tools in advancing the international human rights enterprise and argued that investment activism can be an essential component of this advancement. This paper represents a reflexive pause. Using the case study of a recent proposal submitted to Goldcorp Inc., I seek to problematize the shareholder proposal as a human rights advocacy tool and to examine it as a site of contestation.
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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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STOECKL, KRISTINA, and KSENIYA MEDVEDEVA. "Double bind at the UN: Western actors, Russia, and the traditionalist agenda." Global Constitutionalism 7, no. 3 (November 2018): 383–421. http://dx.doi.org/10.1017/s2045381718000163.
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Abstract:This article is dedicated to analysis of the traditionalist agenda, promoted by Russia, in recent debates in the United Nations Human Rights Council (‘Traditional values’ from 2009 to 2013, ‘Protection of the family’ from 2014 to 2017). The traditionalist agenda could be interpreted as yet another chapter of contextualist opposition to the universalist application human of rights and as a successor to the cultural relativism in human rights promoted in the past by the Organization of Islamic States or countries from the Global South. This article seeks to challenge such an interpretation and instead makes the argument that the traditionalist agenda employs novel aspects of illiberal norm protagonism in the human rights sphere. The article undertakes an in-depth analysis of the discourse coalitions of both supporters and opponents of the traditionalist agenda, using the tools of discourse analysis in international relations and drawing on a constructivist approach to norm diffusion in international organisations.
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Skegg, Anne-Marie. "Brief Note: Human rights and social work." International Social Work 48, no. 5 (September 2005): 667–72. http://dx.doi.org/10.1177/0020872805055334.
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Some social commentators are divided over whether human rights discourse is a powerful and valuable tool or just another form of western imposition. While navigating the grey area between respecting cultural diversity and upholding human rights is not easy, it can be done. Furthermore, it is important that it is. French Les opinions des commentateurs sociaux sur le discours des droits de la personne sont partagées: s'agit-il d'un outil valable et puissant ou d'une autre contrainte occidentale? Bien qu'il ne soit pas facile de tenir une position dans la zone grise se situant entre la diversité culturelle et le respect des droits de la personne, il est possible de le faire. En fait, il est important de le faire. Spanish Los comentaristas sociales están divididos sobre si el discurso de los derechos humanos es un instrumento poderoso e importante o simplemente otra forma más de imposición occidental. Navegar el área gris entre el respeto a la diversidad cultural y la defensa de los derechos humanos no es fácil, sin embargo es hacedero. Y mucho importa que así sea.
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McNeilly, Kathryn. "Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change." Social & Legal Studies 28, no. 6 (December 5, 2018): 817–38. http://dx.doi.org/10.1177/0964663918815729.
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Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.
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Leuenberger, Christine. "The Rhetoric of Maps: International Law as a Discursive Tool in Visual Arguments." Law & Ethics of Human Rights 7, no. 1 (August 28, 2013): 73–107. http://dx.doi.org/10.1515/lehr-2013-0002.
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Abstract This article was presented at the workshop on “Borders and Human Rights,” College of Law & Business, Ramat Gan, Israel.Notions of human rights as enshrined in international law have become the “idea of our time”; a “dominant moral narrative by which world politics” is organized; and a powerful “discourse of public persuasion.”Tony Evans, International Human Rights Law as Power/Knowledge, 27 (3) HUM. RTS. Q. 1046 (2005); Meg McLagan, Human Rights, Testimony, and Transnational Publicity, 2 (1) SCHOLAR & FEMINIST ONLINE 1 (2003), available at http://www.barnard.edu/ps/printmmc.htm; Wendy S. Hesford, Human Rights Rhetoric of Recognition, 41 (3) RHETORIC SOC. Q. 282 (2011). With the rise of human rights discourse, we need to ask, how do protagonists make human rights claims? What sort of resources, techniques, and strategies do they use in order to publicize information about human rights abuses and stipulations set out in international law? With the democratization of mapping practices, various individuals, organizations, and governments are increasingly using maps in order to put forth certain social and political claims. This article draws on the sociology of knowledge, science studies, critical cartography, cultural studies, and anthropological studies of law in order to analyze how various international, Palestinian, and Israeli organizations design maps of the West Bank Barrier in accord with assumptions embedded within international law as part of their political and new media activism. Qualitative sociological methods, such as in-depth interviewing, ethnography, and the collection of cartographic material pertaining to the West Bank Barrier, provide the empirical tools to do so. The maps examined here exemplify how universalistic notions of international law and human rights become a powerful rhetorical tool to make various and often incommensurable social and political claims across different maps. At the same time, international human rights law, rather than dictating local mapping practices, becomes inevitably “vernacularized” and combined with local understandings, cultural preferences, and political concerns.
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Rothenberg, Daniel. "Field-Based Methods of Research on Human Rights Violations." Annual Review of Law and Social Science 15, no. 1 (October 13, 2019): 183–203. http://dx.doi.org/10.1146/annurev-lawsocsci-102612-133939.
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Field-based research lies at the heart of human rights discourse and practice. Yet, there is a lack of consistency and coherence in the methodologies used and inadequate transparency regarding research methods in most human rights reporting. This situation opens work up to multiple challenges as to quality, veracity, and legitimacy. Although there have been repeated calls for greater methodological rigor through universal standards, general principles, and guidelines, human rights research remains diverse, uncoordinated, and disparate. This article explores these issues in relation to fact-finding, measuring violations, truth commissions, and emerging tools and technologies. It reviews how methodological debates reflect significant divisions among disciplines, differences in goals and objectives, distinct interests among various actors and organizations working on these issues, and the overall complexity of human rights research. The article argues against implementing universal research practices and for creatively and openly engaging debates regarding field-based methods. Such efforts can provide an essential corrective to unquestioned assumptions, enable greater transparency, and improve the overall quality and comparative value of human rights research.
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Lucchi, Nicola. "Governing Control over Human Genetic Resources: Promises and Risks." European Journal of Risk Regulation 4, no. 2 (June 2013): 254–60. http://dx.doi.org/10.1017/s1867299x00003391.
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The purpose of the paper is to discuss how to regulate the access to and use of biochemical and human genetic material currently considered as part of the market framework. Looking beyond the protection of traditional public goods (such as land or water), the paper emphasizes the debate around the progressive commodification of human genetic resources facilitated by an improper use of intellectual property rights. The discourse around commons is used to evaluate alternative tools and strategies to the issue of private appropriation of human genetic resources and natural compounds
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Guzmán, Juan José. "Decolonizing Law and expanding Human Rights: Indigenous Conceptions and the Rights of Nature in Ecuador." Deusto Journal of Human Rights, no. 4 (December 20, 2019): 59–86. http://dx.doi.org/10.18543/djhr-4-2019pp59-86.
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This article critically addresses the crucial aspects for understanding the rights of nature as a resistance platform for indigenous peoples in Ecuador. By basing my arguments in a post-colonial approach to human rights and the concept of coloniality of power, I argue that the lack of inclusion of indigenous knowledge in human rights is a manifestation of neocolonialism. Thus, the introduction of non-Western narratives into the human rights discourse/practice is an attempt to decolonize what has traditionally been a colonialist discourse. Later on, I develop the concept of ‘rights of nature’ arguing that they are a practical example of the inclusion of indigenous narratives in human rights. In the end, the biggest problem is that the dominant Western thought does not challenge the human-nature relationships that are responsible for nature’s degradation. In this regard, I use ethnographic material, post-colonial anthropological theory, and symbolic ecology to argue that Amazonian indigenous nature ontologies —which understand the nature/culture relationship in a very different way— are contained in the rights of nature that the Ecuadorian Constitution enshrines. Therefore, becoming a legal tool with a significant potential for indigenous people’s historical justice.Received: 01 September 2019Accepted: 05 December 2019Published online: 20 December 2019
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Mukherjee, Vivek, and Faizan Mustafa. "Climate Change and Right to Development." Management and Economics Research Journal 5 (2019): 1. http://dx.doi.org/10.18639/merj.2019.735041.
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The Right to Development is a relatively new right in human rights law. Although its roots may be traced to pre-world war era, Right to Development took concrete shape with the passing of the UN Declaration on the Right to Development in 1986. Some renowned academic institutions in India are making recent efforts to make the “Right to Development” a Fundamental Human Right. Climate change poses a direct threat to human rights of people, especially in tropically situated countries of the south (including India), which are coincidentally home to a large number of vulnerable/marginalized people who are considerably poor to concern themselves with issues such as climate change. Due to mounting pressure from least developed countries (LDCs) and small island developing countries (SIDSs), international community has lately shown greater interest in establishing a direct link between climate change and human rights. This interest may be a reaction to the recurrent failures in reaching a consensus in the climate change negotiations through mechanical Conference of Parties (COPs). Similar to a bottom-up approach that seems to have worked well for the Paris agreement, it was believed by experts that linking human rights to climate change would shake the conscience of the reluctant parties to act expeditiously. The importance of a human rights–based approach to climate change will be highlighted in the light of two recent developments in the climate change discourse: First, the recognition by scientists of several extreme disaster as climate change events directly violating the human rights of the vulnerable; second, the dilution of the differentiation created between developing and developed nations by the Common But Differentiated Responsibilities (CBDR) principle in the recent climate change agreements. This paper seeks to establish the efficacy of the human Right to Development (through tools such as Greenhouse Development Rights) in effectuating the third world approaches to the issue of climate change in the global south.
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Al-Sharieh, Saleh. "Securing the Future of Copyright Users’ Rights in Canada." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 11–39. http://dx.doi.org/10.22329/wyaj.v35i0.5109.
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The Copyright Act includes a set of copyright infringement exceptions that permit the unauthorized use of copyrighted works in order to serve public interest objectives. The Supreme Court of Canada liberally interpreted these exceptions as “users’ rights” by relying on the purpose of the Act, understood as a balance between the authors’ right to be rewarded for their works and the public interest in the dissemination and use of works. The utility of copyright balance to safeguard users’ rights is uncertain. The Act does not explicitly adopt “balance” as a purpose. National and international copyright law traditionally recognize the users’ side in the copyright law balance in copyright exceptions and limitations. And, in copyright law discourse, different stakeholders propose and defend conflicting forms of balance. Therefore, the paper argues that a human rights-based approach to copyright exceptions is more persuasive in justifying their interpretation as users’ rights. Copyright users’ rights mirror the content of the human rights to participate in culture, education, and freedom of expression, which Canada is obliged to implement as a State Party to the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights. The proposed approach would align the discourse with key elements of Canadian jurisprudence: (1) human rights as reinforcers of the rule of law; (2) international human rights law as an interpretive tool for Canadian courts; and (3) the need to interpret Canadian legislation in a manner that does not breach international obligations.
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Gandaloev, Ruslan B., Valery V. Grebennikov, Taimuraz E. Kallagov, Vasily Olegovich Mironov, and Badma V. Sangadzhiev. "Constitutional mechanism for the protection of citizens' rights: an anthropocentric approach." LAPLAGE EM REVISTA 7, no. 3A (August 30, 2021): 44–50. http://dx.doi.org/10.24115/s2446-6220202173a1363p.44-50.
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The purpose of the article is to study the legal nature of human rights, as well as to study the constitutional mechanism for protecting the rights of citizens (on the example of the Russian Federation). The article uses the inductive method, the method of systematic scientific analysis, as well as comparative legal and historical methods. The leading method, which is the basis for solving the problem, is to study the legal foundations and features of the implementation of the protection of citizens' rights through the use of constitutional methods and modes (tools) of legal protection. The article proved the theoretical unsolved problem of the effectiveness of the implementation of the constitutional mechanism for the protection of citizens' rights. The criticism of the classical doctrine of human rights as a scientific discourse was quite justified. Legal science needs a holistic and consistent anthropological and legal dogma of human rights, including for solving practical problems of the national legal system, in particular the Russian one, where even the constitutional text needs a human-centered interpretation.
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Ervo, Laura. "The hidden meanings in the case law of the European Court for Human Rights." Semiotica 2016, no. 209 (March 1, 2016): 209–30. http://dx.doi.org/10.1515/sem-2016-0009.
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AbstractIn my paper, I will study the case law of the European Court of Human Rights by using discourse analysis as a method. My hypothesis is that the court has changed its line concerning the right to a fair trial (in article 6 of the European Convention for Human Rights) over the last twenty years. Earlier, it always defended the rights of the accused and the authorities’ problems, for instance, in fact gathering, were recessive. The same covered the rights of the witnesses even if the court usually confessed that also the witness has their rights, which should be respected. It also stressed that authorities of course have difficulties with proof – for example – the offences that are connected with the organized crime. Still, the rights of defense were always number one and inviolate. During recent years, the line seems to have changed even if the court has not transparently said so. However, it has given some new precedents by the Grand Chamber where the rights of the defense have been limited more than before; for instance, the cases Jalloh v. Germany (11 July 2006), Gäfgen v. Germany (1 June 2010), and Al-Khawaja and Tahery v. Great Britain (15 December 2011). The expressions used in case law show that the way of thinking has changed as well. Still, the changes are sometimes more hidden than transparent where discourse analysis is the only tool for catching the changes and showing differences in the thinking of the court.
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Fernandez-Wulff, Paula, and Christopher Yap. "The Urban Politics of Human Rights Practice." Journal of Human Rights Practice 12, no. 2 (July 2020): 409–27. http://dx.doi.org/10.1093/jhuman/huaa019.
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Abstract Social movement organizations are increasingly developing human rights strategies at the municipal level, particularly in European urban contexts. Yet critical scholarly work on human rights has overlooked two related realities: non-state-centric, social movement use of the tools and discourses of rights, and the strategic participation of citizen groups in municipal urban policy spaces. This article builds on critical human rights theory through the experiences of three grassroots organizations claiming and exercising social rights in urban policy spaces of Barcelona, Valladolid, and London. It engages with a number of scholarly critiques of the state and human rights, particularly focusing on those critiques that question their compatibility with autonomy, democracy, and self-government at the local level. While the value of such critical literature is undeniable, we show how urban grassroots practices and experiences with social rights-based strategies in the context of housing, water, and participation can circumvent some of these critiques on the ground, pointing at new avenues for critical legal research when infused with other critical discourses, including urban politics.
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Peroni, Lourdes. "Religion and culture in the discourse of the European Court of Human Rights: the risks of stereotyping and naturalising." International Journal of Law in Context 10, no. 2 (May 1, 2014): 195–221. http://dx.doi.org/10.1017/s1744552314000032.
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AbstractThis paper critically examines the ways in which the European Court of Human Rights represents applicants' religious and cultural practices in its legal discourse. Borrowing tools from critical discourse analysis and incorporating insights from the anti-essentialist critique, the paper suggests that the Court has most problematically depicted the practices of Muslim women, Sikhs and Roma Gypsies. The analysis reveals that, by means of a reifying language, the Court oftentimes equates these groups' practices with negative stereotypes or posits them as the group's ‘paradigmatic’ practice / way of life. The thrust of the argument is that these sorts of representation are problematic because of the exclusionary and inegalitarian dangers they carry both for the applicants and for their groups. In negatively stereotyping applicants' practices and in privileging certain group practices over others, these types of assessment underestimate what is at stake for the applicants and potentially exclude them from protection. Moreover, these types of reasoning risk sustaining hierarchies across and within groups. The paper concludes by sketching out an approach capable of mitigating stereotyping and essentialising risks.
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Nicholson, Simon, and Daniel Chong. "Jumping on the Human Rights Bandwagon: How Rights-based Linkages Can Refocus Climate Politics." Global Environmental Politics 11, no. 3 (August 2011): 121–36. http://dx.doi.org/10.1162/glep_a_00072.
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This paper makes a normative argument for the greater strategic utilization of human rights institutions, practices, and discourses by those seeking a robust response to climate change. Bandwagoning between these two regimes is hardly a new thing. The environmental movement has long looked to the human rights movement for ideas and support, and vice versa. Here, we argue that there is potential for even more explicit bandwagoning in ways that will most directly benefit those who are suffering, and will continue to suffer, from climate change's greatest impacts. The human rights framework offers a guide to more effective climate action via two interconnected arenas: a legal arena that provides an established set of tools for climate activists, and a political arena that provides a normative underpinning for a range of judicial and non-judicial actions in support of ‘climate justice.’ Ultimately, moral and strategic guidance from the human rights movement points the way to a more equitable and enduring climate politics, with fairness at its heart.
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Habiburrahim, H., Zainah Rahmiati, Safrul Muluk, Saiful Akmal, and Zulfadli A. Aziz. "Language, identity, and ideology: Analysing discourse in Aceh sharia law implementation." Indonesian Journal of Applied Linguistics 9, no. 3 (February 10, 2020): 599–607. http://dx.doi.org/10.17509/ijal.v9i3.23210.
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The implementation of Sharia law in Aceh in 2001 has ignited various reactions from both national and international communities. Some argued that this Sharia law could have a detrimental effect on human rights issues. Others claimed that as a province populated by the Muslim majority, Aceh should be given an opportunity to legalise its own legal product, ensuring that Sharia law is part of Acehnese religious values. This paper is primarily concerned with analysing the texts taken from The Jakarta Post newspaper’s article regarding the formal implementation of the local Sharia law in Aceh. The article is examined by means of various tools in Discourse Analysis method, including social identity, speech acts and implicature, genres and register. The findings elucidate that the speech and discourse of the participants and their interpretation are highly influenced by identity and community ideology of the speakers.
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Krasikov, Dmitry V. "The Evolving Role of the Human Rights Factor within the State of Necessity Test in Investment Arbitration." Journal of Politics and Law 13, no. 1 (December 21, 2019): 12. http://dx.doi.org/10.5539/jpl.v13n1p12.
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The discussion on increasing the legitimacy of international investment law largely overlooks the potential of the state of necessity, as a circumstance precluding wrongfulness of States’ conduct under general international law, for the protection of human rights. The present article deals with the practice of international investment arbitration in cases involving Argentina in connection with its economic crisis of 1998–2001, in which it raised the necessity defense and appealed, inter alia, to human rights. The article concludes that, as a rule, the human rights factor did not play a noticeable role for resolving the relevant disputes. The human rights discourse either had no adequate place within the merits of the disputes, or the tribunals did not take the relevant arguments seriously. The human rights argumentation tried itself within different parts of the Argentina’s defense, including various elements of the necessity test, but without meaningful effect. The Award in the case of Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic has demonstrated the perspective of recognizing the significance of the human rights factor in the context of “the only way” element of the necessity test: this element can unleash the potential of human rights in the disputes involving the necessity-based defense and provide the tribunals with tools capable of taking human rights more seriously in the context of investment disputes concerning emergencies. The Urbaser Tribunal position is an evidence of the evolving and expanding role of the human rights factor within the necessity test but substantial clarification of this test at the doctrinal, practical and political level is still needed to increase the legitimacy of international investment dispute resolution system.
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Atabekova, Anastasia, Rimma Gorbatenko, and Tatyana Shoustikova. "Multimodal Discourse on BRICS Produced by Diverse Stakeholders: Identifying Attitudes, Cultures and Perspectives." Space and Culture, India 7, no. 5 (May 8, 2020): 49–59. http://dx.doi.org/10.20896/saci.v7i5.670.
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The paper explores the conceptual vision of BRICS in the contemporary world. The study focuses on language and images that are used within BRICS-related institutional communication. We argue that the research is important because of the increasing impact of BRICS on the development of the multilateral and multipolar world. The research aims to offer preliminary considerations with regard to key topics, features and tools of multimodal discourse that comes from the BRICS nations and representatives of other international/regional organisations. This area has not been subject to academic analysis so far. This confirms the novelty of the present study.
The research material includes 600 image-text correlated items from BRICS official sources of information and from organisation and institutions, which are not affiliated with the BRICS and refer to national or international actors. The research combined theoretical analysis of literature, empirical investigation of materials within qualitative paradigm, through content-based analysis and manual coding on thematic and pragmatic criteria.
The findings reveal different approaches to BRICS that are introduced by different actors through specific coordination of verbal and visual tools, in explicit and implicit ways. The findings show that BRICS sources contain proportioned use of texts and photos of high-ranking official events, socio-cultural features of BRICS countries, and pictures of youth with regard to BRICS mission, values, goals, and policies. This strengthens the concept of equality and human rights provision in the modern world in general and leads to the understanding of the need to include the issues of youth rights and their equality on the BRICS agenda in an explicit way.
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Delius, Anna. "Universal Rights or Everyday Necessities?" East Central Europe 46, no. 2-3 (November 22, 2019): 188–211. http://dx.doi.org/10.1163/18763308-04602001.
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Polish opposition against the state-socialist government emerged out of the political engagement of predominantly left-leaning intellectuals with repressed workers in the 1970s. In their writings, these intellectuals addressed not only workers in the country, but also Western European left-wing intellectuals and politicians. Based on an analysis of relevant samizdat publications, this article shows how Polish intellectuals modified their rhetorical strategies depending on their audience. It thus challenges the monothematic focus on an internationally salient human rights language as the main tool for political empowerment during the 1970s. Whereas the universalizing human rights discourse presented repression and the lack of democratic labor structures negatively, the inner Polish debate between intellectuals and workers initially framed these issues as basic necessities deduced from tangible problems. It was only after two years of organizational work that the Warsaw-based Workers’ Defense Committee, in their “Charter of Workers’ Rights” (1979), depicted repression as a violation of human and labor rights. The rhetoric changed so drastically because the Charter addressed not only workers, but also different target groups on an international and national level. Even so, a singularizing narrative of repression made more sense in the context of Polish labor protests than the adoption of a universalizing human rights language.
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O’Brien, Wendy, and Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.
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Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.
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Giermanowska, Ewa, Mariola Racław, and Dorota Szawarska. "INSTITUTIONALIZED CHAOS INSTEAD OF INDEPENDENT LIVING. FORCED MODERNIZATION AND ASSISTANT SERVICES IN POLAND." Studia Humanistyczne AGH 19, no. 3 (2020): 73–92. http://dx.doi.org/10.7494/human.2020.19.3.73.
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Personal assistance for people with disabilities in Poland is not available as part of a comprehensive state policy; it is instead a dispersed, fragmented service based on projects. There is a lack of both a national strategy for independent living (including solutions for personal assistance as a key tool) and a plan for deinstitutionalisation of support services. A disabled person as an independent entity seems to be invisible to legislators, despite the postulates regarding “tailor-made” services or “profiling of help” present in public discourse. At the same time, uncoordinated changes are taking place regarding support for people with disabilities, including assistance services. They are partly forced by Poland’s ratification (2012) of the Convention on the Rights of Persons with Disabilities, and partly due to grassroots social innovations of non-governmental organizations. In the article, the authors analyse the factors responsible for the current state of affairs in the context of the theory of imposed modernization, emphasizing the superficiality of institutional changes. They will refer to critical research of public policies (so-called street level bureaucracies) analysing the daily practices of public officials and the social consequences for their recipients. The limitations of the model of personal assistance services as services including disabled people in the mainstream of social life will also be discussed.
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Oteíza, Teresa. "Evaluative patterns in the official discourse of human rights in Chile: giving value to the past and building historical memories in society." DELTA: Documentação de Estudos em Lingüística Teórica e Aplicada 25, spe (2009): 609–40. http://dx.doi.org/10.1590/s0102-44502009000300004.
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This paper analyzes certain patterns of voice realization of the Chilean National Truth and Reconciliation Commission of 1991, established after the end of the military dictatorship (1973-1990). In this official document, produced and promoted by the Chilean Government, the authors strive to present themselves as powerless to judge society or to explain historical events. However, they propose evaluations (evoked and inscribed) of relevant sectors of society, offer an interpretation of history, and specifically, give explanation for the "military intervention" and the possible causes for the severe human rights violations during the dictatorship. Informed by the complementary theoretical approaches of SFL and CDA, I focus on Appraisal analysis (White 2000, 2003; Martin 1997, 2003, 2004; Martin & Rose 2003; Martin & White 2005) and a transitivity analysis of mental and verbal projections in the discourse, as tools for a more flexible and detailed exploration of the use of evaluation resources. This analysis allows us to create a systemic network of the patterns of grammatical and lexical resources used by the Commission to generate mitigation and self/others representation in the discourse. This linguistic analysis, inserted in a social practice, also offers a complementary understanding of the subjectivities found in the field of oral history, specifically in the study of testimonies that account for different and contradictory memories of the recent Chilean past (Stern 2006).
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Ingle, Mark K. "THE RISE OF THE INFORMAL SECTOR IN INTERNATIONAL DEVELOPMENTAL DISCOURSE." Politeia 33, no. 1 (October 20, 2016): 50–65. http://dx.doi.org/10.25159/0256-8845/1645.
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This article documents the rise to prominence of the informal economic sector in academic developmental discourse. After a brief survey of the South African context, the article contrasts the new way of viewing the informal sector with the old. It shows how this shift in attitudes, ranging from grudging respect to outright advocacy, has generated new conceptual tools with which to theorise economic informality. A keen appreciation of the imperatives entailed by the different perspectives of the main protagonists is vital to any reconciliation of the divergent policy prescriptions being advanced for the informal sector.Bureaucrats and human rights activists view informality through very different lenses. The World Bank’s exit/exclusion philosophy recognises that economies at different stages of development will require customised approaches in coming to terms with economic informality. However, the common denominator of the theoretical views articulated in the article is a recognition that the informal sector cannot be dismissed out of hand, and that it has grown to the extent that it warrants serious attention and respect. Measures taken by the government to compensate for losses incurred due to informality could prove ultimately to be counter-productive. The informal economic sector has become a force to be reckoned with.
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Abdulai, Emmanuel Saffa. "Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency." IALS Student Law Review 8, no. 1 (March 3, 2021): 3–18. http://dx.doi.org/10.14296/islr.v8i1.5266.
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The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone.
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Sperti, Angioletta. "ARGUMENTS OF DIGNITY AND PLURALISM CONCERNS IN RECENT CONSTITUTIONAL COURT ADJUDICATION." Revista Direitos Culturais 15, no. 36 (April 27, 2020): 385–403. http://dx.doi.org/10.20912/rdc.v15i36.34.
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The paper aims at discussing the growing importance of dignity discourse in human rights case law, in particular in recent constitutional and supreme courts cases on controversial rights. Starting from same-sex marriage rulings (as illustrative of a more general trend) the paper argues that dignity cannot be considered a mere “rhetorical tool” of courts, useful to tilt the balance in favour of one of the conflicting rights. On the contrary, dignity - with its wide and flexible meaning - marks the transition of new (or newly recognized) groups to social inclusion and provides a convenient language to mediate among conflicting claims of recognition without relying on more traditional equality arguments.
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Gottero, Laura. "Periodismo sobre migración con enfoque de derechos Diálogos metodológicos entre los DDHH y la Folkcomunicación." Revista Internacional de Folkcomunicação 18, no. 41 (December 22, 2020): 38. http://dx.doi.org/10.5212/rif.v.18.i41.0002.
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El trabajo profundiza en la construcción de un discurso periodístico que incorpore y emplee activamente la perspectiva de derechos humanos en la labor mediática que tematiza el fenómeno migratorio y a las personas migrantes como objetos o contextos de noticia. Las preocupaciones por el modo en que se representa a los/as migrantes y se aborda el fenómeno migratorio en los medios de comunicación latinoamericanos tiene su base en la identificación de procesos persistentes de desigualdad en las posibilidades de construcción simbólica, que afectan negativamente la imagen de migrantes y les quitan la posibilidad de una voz propia en los medios hegemónicos. En ese sentido, la Folkcomunicación y los derechos humanos recuperan esa discusión y proveen de herramientas valiosas para reconfigurar la práctica periodística contemporánea. El trabajo analiza el modo de construcción de discursos periodísticos empleando el enfoque conceptual y metodológico de los derechos humanos, así también incorpora herramientas del análisis de discurso desde una perspectiva comunicacional. Como resultado del relevamiento critico realizado, se elaboran elementos de abordaje y recomendaciones concretas para reconfigurar la práctica y la producción periodística sobre migración a partir de un marco de derechos humanos.
Periodismo; Migrantes; Derechos Humanos; Desigualdad comunicativa; Representaciones.
The work delves into the construction of a journalistic discourse that incorporates and actively uses the human rights perspective in media work that thematizes the migratory phenomenon and migrants as news objects or contexts. Concerns about the way in which migrants are represented and the migratory phenomenon is addressed in the Latin American media is based on the identification of persistent processes of inequality in the possibilities of symbolic construction, which negatively affect the image of migrants and take away the possibility of their own voice in the hegemonic media. In this sense, Folkcommunication and human rights recover this discussion and provide valuable tools to reconfigure contemporary journalistic practice. The work analyzes the way of construction of journalistic discourses using the conceptual and methodological approach of human rights, as well as incorporating tools of discourse analysis from a communication perspective. As a result of the critical survey carried out, elements of approach and concrete recommendations are elaborated to reconfigure the practice and journalistic production on migration based on a human rights framework.
Journalism; Migrants; Human Dights; Communicative inequality; Representations.
O trabalho investiga a construção de um discurso jornalístico que incorpora e utiliza ativamente a perspectiva dos direitos humanos no trabalho midiático que tematiza o fenômeno migratório e os migrantes como objetos ou contextos de notícias. A preocupação com a forma como os migrantes são representados e o fenômeno migratório é abordado na mídia latino-americana se baseia na identificação de processos persistentes de desigualdade nas possibilidades de construção simbólica, que afetam negativamente a imagem de migrantes e tiram a possibilidade de sua própria voz na mídia hegemônica. Nesse sentido, o Folkcomunicação e os direitos humanos resgatam essa discussão e fornecem valiosas ferramentas para reconfigurar a prática jornalística contemporânea. O trabalho analisa a forma de construção dos discursos jornalísticos a partir da abordagem conceitual e metodológica dos direitos humanos, bem como incorpora ferramentas de análise do discurso na perspectiva da comunicação. Como resultado da pesquisa crítica realizada, são elaborados elementos de abordagem e recomendações concretas para reconfigurar a prática e a produção jornalística sobre a migração com base em um marco de direitos humanos.
Jornalismo; Migrantes; Direitos Humanos; Desigualdade comunicativa; Representações.
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Anthonissen, Christine. "Critical discourse analysis as an analytic tool in considering selected, prominent features of TRC testimonies." Journal of Language and Politics 5, no. 1 (April 14, 2006): 71–96. http://dx.doi.org/10.1075/jlp.5.1.05ant.
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This paper considers a number of salient, characterising features of the verbal mediation process that took place in the TRC hearings on gross human rights violations. This is done with reference to the methodology developed in Discourse Sociolinguistics. It considers how various participants represent a particular event, each taking the perspective from which they experienced it. It notes the differences in verbal choice, and in textual and information structure of (i.a.) a journalist who witnessed this particular instance of public police excess, of a woman involved because her home was at the scene of the confrontation between police and youngsters, of one of the commanding police officers who had been subpoenaed and thus was not a voluntary witness at the hearing, of a doctor who treated patients after the event, of a school teacher who could articulate the particular kind of protest youngsters engaged in at the time, and so on. It also highlights a particular practice of reformulating which appears to be typical of discourses that mediate past atrocities with a view to founding new and improved democratic practices.
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Hong, Sun-ha. "Criticising Surveillance and Surveillance Critique: Why privacy and humanism are necessary but insufficient." Surveillance & Society 15, no. 2 (May 8, 2017): 187–203. http://dx.doi.org/10.24908/ss.v15i2.5441.
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The current debate on surveillance, both academic and public, is constantly tempted towards a ‘negative’ criticism of present surveillance systems. In contrast, a ‘positive’ critique would be one which seeks to present alternative ways of thinking, evaluating, and even undertaking surveillance. Surveillance discourse today propagates a host of normative claims about what is admissible as ‘true’, ‘probable’, ‘efficient’ – based upon which it cannot fail to justify itself. A positive critique questions and subverts this epistemological foundation. It believes that surveillance must be held accountable by terms other than those of its own making. The objective is an open debate not only about ‘surveillance or not’, but the possibility of ‘another surveillance’. To demonstrate the necessity of this shift, I first examine two existing frames of criticism. Privacy and humanism (appeal to human rights, freedoms and decency) are necessary but insufficient tools for positive critique. They implicitly accept surveillance’s bargain of trade-offs: the benefit of security ‘measured’ against the cost of rights. To demonstrate paths towards positive critique, I analyse risk and security: two ‘load-bearing’ concepts that ground existing rationalisations of surveillance – and thus are ‘openings’ for reforming those evaluative paradigms and rigged bargains on offer today.
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Daly, Aoife, Rachel Heah, and Kirsty Liddiard. "Vulnerable subjects and autonomous actors: The right to sexuality education for disabled under-18s." Global Studies of Childhood 9, no. 3 (August 28, 2019): 235–48. http://dx.doi.org/10.1177/2043610619860997.
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International human rights standards are clear that children and young people have a right to sexuality education. Nevertheless, the delivery of such education is often considered questionable, particularly for groups of children perceived as more ‘vulnerable’. In this article, the example of the right to access sexuality education for disabled children is used to explore the autonomy/vulnerability dynamic. Historically, sexuality education has been denied to disabled children, ostensibly to protect them from information and activities perceived as inappropriate due to their (perceived) greater vulnerabilities. It is argued, however, that discourses of sexual vulnerability can actually be dangerous in themselves. Sexuality education, rather than being a threat to disabled under-18s, serves as a way to increase their autonomy by equipping them with tools of knowledge around sex and relationships. This case study demonstrates how the autonomy of under-18s is not something inherent in them but something which can be enhanced through recognition of rights such as education and information, as well as recognition of adult responsibilities to facilitate this.
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Ibrahim, Aisha Fofana. "The Bondo Society as a Political Tool: Examining Cultural Expertise in Sierra Leone from 1961 to 2018." Laws 8, no. 3 (August 12, 2019): 17. http://dx.doi.org/10.3390/laws8030017.
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This paper focuses on the politics of the Bondo—the competition among social groups for an exclusive influence on the National strategy for the reduction of female genital mutilation/cutting (FGM/C). In the first part, this paper shows how the Bondo—a women’s only secret society—has become a site of contestation for not only pro- and anti-FGM/C advocates, but also elite male politicians who have, since independence in 1961, continued to use the Bondo space for political gains. The use of the Bondo for political leverage and influence pre-dates independence and is as old as the society itself. The second part of this paper discusses the legitimacy of expertise as central to this debate, in which each group competes to become the leading expert. Thus, even though human rights/choice discourse currently dominates the FGM/C debate, traditional expertise remains valid in the formulation of community by-laws as well as state policies and laws. This can be seen in the recent attempt by the state to develop a National Policy for the Reduction of FGM/C in which the expertise of all three groups was sought. Using data from existing literature and personal interviews, this paper interrogates this contention by describing how the role of cultural experts—especially the Soweis—has been politicized in the stalemate over the enactment of the National Policy for the Reduction of FGC. This paper concludes with considerations about the complexity of Bondo expertise, in which opposing parties use similar arguments to evoke the human rights discourses on women’s rights and bodily integrity/autonomy. It argues that a better knowledge of these dynamics as they develop in Sierra Leone and other African countries would be useful to the European jurisdiction.
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Meier, Barbara. "“Death Does Not Rot”: Transitional Justice and Local “Truths” in the Aftermath of the War in Northern Uganda." Africa Spectrum 48, no. 2 (August 2013): 25–50. http://dx.doi.org/10.1177/000203971304800202.
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The article looks at the way Acholi in northern Uganda address war-related matters of “peace” and “justice” beyond the mainstream human rights discourse reflecting some of the basic concepts that are decisive for the way people deal with transitional and local justice. The relationality and the segmentary structure of Acholi society play major roles in categorising “peace” and “war” while being at odds with the globalised standards of human rights that have been brought into play by international agencies, civil society and church organisations as well as the Ugandan state. A major argument is that a one-dimensional understanding of the cosmological underpinnings of rituals as a locally embedded tool of transitional justice (TJ) has an impact on the failure of TJ in northern Uganda. Thus the article highlights the specific cultural dilemmas in which the process of peace currently appears to be stuck.
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Flegel, Monica. "“HOW DOES YOUR COLLAR SUIT ME?”: THE HUMAN ANIMAL IN THE RSPCA'S ANIMAL WORLD AND BAND OF MERCY." Victorian Literature and Culture 40, no. 1 (March 2012): 247–62. http://dx.doi.org/10.1017/s1060150311000350.
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There is a central contradiction in human relationships with animals: as Erica Fudge notes, “We live with animals, we recognize them, we even name some of them, but at the same time we use them as if they were inanimate, as if they were objects” (8). Such a contradiction is also, of course, present in human interactions, in which power relations allow for the objectification of one human being by another. In an analysis of images and texts produced by the Royal Society for the Prevention of Cruelty to Animals (RSPCA) in the nineteenth-century, I want to examine the overlap in representations of animals and humans as subject to objectification and control. One common way of critiquing human treatment of animals within the RSPCA's journals, Animal World and Band of Mercy, was to have humans trade places with animals: having boys fantastically shrunk to the size of the animals they tortured, for example, or imagining the horrors of vivisection when experienced by humans. Such imaginative exercises were meant to defamiliarize animal usage by implying a shared experience of suffering: what was wrong for a human was clearly just as wrong for an animal. However, I argue that some of the images employed by the society suggest the opposite; instead of constructing animal cruelty in a new light, these images instead work to underline the shared proximity of particular humans with animals. In texts that focus specifically upon humans wearing animal bonds – reins, collars, and muzzles – the RSPCA's anti-cruelty discourse both critiqued the tools of bondage and, I suggest, invited the audience to see deep connections between animals and the humans taking their place. Such connections ultimately weaken the force of the animal/human reversal as an animal rights strategy, suggesting as they do that humans themselves often have use value in economies of labor, affect, and are subject to the same power relations that produce an animal as “animal.”
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Mortensen, Peter. "Tools of Transformation: Appropriate Technology in U.S. Countercultural Literature." American Studies in Scandinavia 44, no. 2 (September 1, 2012): 75–93. http://dx.doi.org/10.22439/asca.v44i2.4917.
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This essay takes its cue from second-wave ecocriticism and from recent scholarly interest in the “appropriate technology” movement that evolved during the 1960s and 1970s in California and elsewhere. “Appropriate technology” (or AT) refers to a loosely-knit group of writers, engineers and designers active in the years around 1970, and more generally to the counterculture’s promotion, development and application of technologies that were small-scale, low-cost, user-friendly, human-empowering and environmentally sound. Focusing on two roughly contemporary but now largely forgotten American texts Sidney Goldfarb’s lyric poem “Solar-Heated-Rhombic-Dodecahedron” (1969) and Gurney Norman’s novel Divine Right’s Trip (1971)—I consider how “hip” literary writers contributed to eco-technological discourse and argue for the 1960s counterculture’s relevance to present-day ecological concerns. Goldfarb’s and Norman’s texts interest me because they conceptualize iconic 1960s technologies—especially the Buckminster Fuller-inspired geodesic dome and the Volkswagen van—not as inherently alienating machines but as tools of profound individual, social and environmental transformation. Synthesizing antimodernist back-to-nature desires with modernist enthusiasm for (certain kinds of) machinery, these texts adumbrate a humanity- and modernity-centered post-wilderness model of environmentalism that resonates with the dilemmas that we face in our increasingly resource-impoverished, rapidly warming and densely populated world.
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OTT, Viktor S. "FRENCH PRINT MEDIA: DEMONISATION OF RUSSIA’S IMAGE IN THE LIGHT OF DOMESTIC VIOLENCE ISSUES." Tyumen State University Herald. Humanities Research. Humanitates 6, no. 3 (2020): 61–77. http://dx.doi.org/10.21684/2411-197x-2020-6-3-61-77.
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This article looks at the image of Russia constructed by French quality papers (Le Monde, Le Figaro, Le Parisien). In today’s world, the role of the media as a regulator of public opinion is becoming increasingly important. The linguistic techniques used by journalists allow the media to influence the reader’s perceptions, opinions, and views. The issue of neutrality of a country’s image inspires academic interest, since such perceptions affect bilateral and international relations. France and Russia are among the key global actors, and their dialogue is thus crucial. However, the two countries often disagree on human rights. Domestic violence and its decriminalisation in Russia are today widely covered in French media. Russia’s image in France has been studied by a number of Russian and foreign scholars. Their works are primarily focused on political events and conflicts, while the image in the context of social issues requires additional research. Unlike previously conducted studies, the scientific value of this work is that it does not only describe the image itself but specifically analyses linguistic tools employed for image construction. The purpose of this study is to determine the dynamics of Russia’s image in the light of domestic violence related events. The functional, narrative, and discourse analysis of the publications have revealed the general tone of the image and identified the main methods of manipulating readers’ consciousness. In the face of recent events, the French papers demonise Russia’s image pointing to the inconsistency of the authorities, decriminalisation of domestic violence, conservative values and violation of human rights. The negative image is mostly created by means of linguistic tools that can be divided into three categories: derogatory language, consciousness manipulation methods and implicit connotations. This classification and the results of the research could serve as a basis for linguistic examinations of media texts and be used for a wide range of journalism and linguistics related courses.
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Sharples, Rachel. "Disrupting State Spaces: Asylum Seekers in Australia’s Offshore Detention Centres." Social Sciences 10, no. 3 (March 1, 2021): 82. http://dx.doi.org/10.3390/socsci10030082.
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The Australian government has spent over a billion dollars a year on managing offshore detention (Budget 2018–2019). Central to this offshore management was the transference and mandatory detention of asylum seekers in facilities that sit outside Australia’s national sovereignty, in particular on Manus Island (Papua New Guinea) and Nauru. As a state-sanctioned spatial aberration meant to deter asylum seekers arriving by boat, offshore detention has resulted in a raft of legal and policy actions that are reshaping the modern state-centric understanding of the national space. It has raised questions of sovereignty, of moral, ethical and legal obligations, of national security and humanitarian responsibilities, and of nationalism and belonging. Using a sample of Twitter users on Manus during the closure of the Manus Island detention centre in October–November 2017, this paper examines how asylum seekers and refugees have negotiated and defined the offshore detention space and how through the use of social media they have created a profound disruption to the state discourse on offshore detention. The research is based on the premise that asylum seekers’ use social media in a number of disruptive ways, including normalising the presence of asylum seekers in the larger global phenomena of migration, humanising asylum seekers in the face of global discourses of dehumanisation, ensuring visibility by confirming the conditions of detention, highlighting Australia’s human rights violations and obligations, and challenging the government discourse on asylum seekers and offshore detention. Social media is both a tool and a vehicle by which asylum seekers on Manus Island could effect that disruption.
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Wiratraman, Herlambang P. "GOOD GOVERNANCE DAN PEMBARUAN HUKUM DI INDONESIA: REFLEKSI DALAM PENELITIAN SOSIO-LEGAL." Jurnal Hukum dan Peradilan 2, no. 1 (March 29, 2013): 21. http://dx.doi.org/10.25216/jhp.2.1.2013.21-34.
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In the last decade post Soeharto, Good Governance (GG) has been often heard like a `mantra'. GG seems easily uttered talkative, formalized, and grew into a dominant political ideals as well as major constitutional and public administration discourse which have rooted in law, policy, and higher education. Like a rooster crowing in the morning, he continued to speak out in the mornings, wide box spawn 'governance, such as 'good forestry governance, 'good financial governance, 'good university governance, and many others. GG, in that context, seems like an appropriate nutrition to overcome the weakness of the Indonesian legal system, corrupt bureaucracy, and the predatoric political leadership. In this regard, it should be viewed more closely, what is actually superiority owned when GG is talked? Obviously, the law is one of the tools to ensure the operation of the mantra in its implementation, and based on master research conducted in 2005-2006, focusing on the issue of the Law Reform by applying a socio-legal approach. As a result, this study gave the fact which is different or even contrary to the ideals of political buildings or formalized or materialized law and policy. For example, one study showed that the GG in the context of legal reform in Indonesia actually very sinister and weakening the guarantee of human rights. Law, especially product of legislation and institutions, as well as its machinery transmission are dominant in advocating free market (free market friendly legal reform). Perhaps, the conclusions is not popular in the middle of the noisy speech spelling of GG and its projects. However, Indonesia today shows the continuation of massive corruption, violation of human rights, impunity and all the non protection situation in the Indonesian legal system.Keywords: Good Governance, Law reform, Sosio Legal approach
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Milligan, Kate B. "IDENTITY AND THE ABSTRACT SELF IN CAT HOPE'S SPEECHLESS." Tempo 73, no. 290 (September 12, 2019): 13–24. http://dx.doi.org/10.1017/s0040298219000548.
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AbstractCat Hope's compositional practice is guided by a belief that music is inherently socially situated and can therefore be used as a tool for change. Through her 2019 opera Speechless Hope contributes to public discourse around the treatment of detainees in Australian offshore processing centres and engages more broadly with issues of nationality, human rights, displacement and the agency of voiceless minorities. This article demonstrates the way in which Hope presents identity in abstraction and complicates the binary of the self and the collective through musical acts of empathy. In doing so, she pioneers a new model which affords composers the ability to present progressive social arguments, crucial to a global political climate in desperate need of a recalibrated perspective of identity.
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Salter, Anastasia, and Bridget Blodgett. "Alt-Right: Ctrl+A; Del." Persona Studies 3, no. 1 (June 13, 2017): 76–77. http://dx.doi.org/10.21153/ps2017vol3no1art656.
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Built as a hypertext work of electronic literature, “Alt-Right: Ctrl+A; Del” explores the social media fatigue experienced by a woman operating in online spaces. The work takes place from November 9 2016 to January 20 2017, during the pivotal moments of transition prior to Donald Trump’s inauguration. It is heavily influenced by the ongoing challenges faced by participants in social media discourse who are identifiable (or labeled) as other than white, heterosexual, cisgender men (Marciano, 2014). The fictionalised narrative of the work is presented alongside a day-by-day evolving timeline of tweets drawn from real social media discourse. The reader-player experiences both the mundane and the politically momentous, the true and the “fake” news sensations, while navigating through the daily pressures of life which present their own source of exhaustion and challenges. Ultimately, the reader-player must decide to what extent it is worth engaging with the incendiary discourse, and these decisions shape the reputation of the character’s online persona. The choice to engage in political discourse will inevitably result in eventually catching the attention of a horde of procedurally-generated trolls (Phillips 2015), while refraining from participating will leave the character relatively invisible and disengaged from both the media platform and source of social connection. The reader-player must balance the demands of social media to present an active persona to their followers with the personal needs of a human who must cope with the results of harassment from a faceless flood.This work serves both as fictional response and real collection of social media moments from a pivotal period in US political history, inviting the reader-player to think about the apparent “post-truth” state (Suiter 2016) and the ensuing challenges it presents to would-be participants who occupy activist personas in tense and dangerous networked spaces. As an archive, it attempts to capture something that is inherently ephemeral: the in-the-moment experience of the timeline (Zhao et al. 2013). Drawn from the authors’ own social networks, these juxtapositions are difficult to reconstruct with existing social media tools, as Twitter resists the backwards-seeking gaze directly and requires APIs and directed searches to observe past tweets (Burgess & Bruns 2012). The central mechanic of consequences for speech is directly inspired by targeted harassment campaigns in recent social media history. The misogynist, word-focused hunting of Gamergate, which demonstrated the effectiveness of hashtag-driven mobbing at silencing discourse, is the inspiration for the procedural trolling model encountered as endgame (Chess & Shaw 2015). These tactics have been on display across the political spectrum during the election, as demonstrated by the attacks of “Bernie Bros”, or automated chatbots labeled as such, on Hillary Clinton supporters (Wilz 2016). The game invites both active political participants online and those who refrain to consider their position and motivations, and particularly how the specter of online harassment haunts the decision-making process of constructing a social media persona.
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Angulo Ramírez, Diana Carolina. "Reivindicaciones interseccionales. El caso de la Red Nacional de Mujeres Afrodescendientes Kambirí." REVISTA CONTROVERSIA, no. 211 (December 1, 2018): 93–161. http://dx.doi.org/10.54118/controver.vi211.1135.
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La organización Red Nacional de Mujeres Afrocolombianas Kambirí ha emprendido procesos de acción colectiva desde la interseccionalidad y sus demandas particulares. Avanzan en su proceso de empoderamiento, a pesar de las discriminaciones interseccionales e intolerancia, incluso dentro del feminismo, frente a los procesos organizativos de mujeres y lideresas defensoras de derechos humanos. La interseccionalidad permite analizar y entender las situaciones de discriminación y las opresiones a nivel estructural que viven en la sociedad a través de sus instituciones. Se concluye que el activismo desde el feminismo y el reconocimiento de los derechos humanos como discurso y herramienta jurídica vinculante son los instrumentos fundamentales para visibilizar las múltiples discriminaciones y atacar las situaciones de injusticia que surgen en torno a las mujeres afrodescendientes.
Abstract:
The National Network of Afro-Colombian Women Kambirí organization has undertaken processes of collective action based on intersectionality and its particular demands, advancing in its process of empowerment despite intersectional discrimination and intolerance, even within feminism, facing organizational processes of women and human rights defender leaders, intersectionality allows to analyze and understand the situations of discrimination and oppression at the structural level that live in society through their institutions, It’s concluded that activism from Feminism and the recognition of Human Rights as a discourse and linking legal tool are the fundamental instruments to make visible the multiple discriminations and attack the situations of injustice that are exercised against afrodescendant women.
Keywords: Intersectionality, sorority, feminism, empowerment, black feminism.
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Leiser, M. R. "Regulating computational propaganda: lessons from international law." Cambridge International Law Journal 8, no. 2 (December 2019): 218–40. http://dx.doi.org/10.4337/cilj.2019.02.03.
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A historical analysis of the regulation of propaganda and obligations on States to prevent its dissemination reveals competing origins of the protection (and suppression) of free expression in international law. The conflict between the ‘marketplace of ideas’ approach favoured by Western democracies and the Soviet Union's proposed direct control of media outlets have indirectly contributed to both the fake-news crisis and engineered polarisation via computational propaganda. From the troubled League of Nations to the Friendly Relations Declaration of 1970, several international agreements and resolutions limit State use of propaganda to interfere with ‘malicious intent’ in the affairs of another. Yet State and non-State actors continually use a variety of methods to disseminate deceptive content sowing civil discord and damaging democracies in the process. In Europe, much of the discourse about the regulation of ‘fake news’ has revolved around the role of the European Union's General Data Protection Regulation and the role of platforms in preventing ‘online manipulation’. There is also a common perception that human rights frameworks limit States' ability to constrain political speech; however, using the principle of subsidiarity as a mapping tool, a regulatory anomaly is revealed. There is a significant lack of regulatory oversight of actors responsible for, and the flow of, computational propaganda that is disseminated as deceptive political advertising. The article examines whether there is a right to disseminate propaganda within our free expression rights and focuses on the harms associated with the engineered polarisation that is often the objective of a computational propaganda campaign. The article concludes with a discussion of the implications of maintaining this status quo and some suggestions for plugging the regulatory holes identified.
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Carroll, Myles. "Narrating technonatures: discourses of biotechnology in a neoliberal era." Journal of Political Ecology 25, no. 1 (June 18, 2018): 186. http://dx.doi.org/10.2458/v25i1.22936.
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This article considers the role played by discourses of nature in structuring the cultural politics of anti-GMO activism. It argues that such discourses have been successful rhetorical tools for activists because they mobilize widely resonant nature-culture dualisms that separate the natural and human worlds. However, these discourses hold dubious political implications. In valorizing the natural as a source of essential truth, natural purity discourses fail to challenge how naturalizations have been used to legitimize sexist, racist and colonial systems of injustice and oppression. Rather, they revitalize the discursive purchase of appeals to nature as a justification for the status quo, indirectly reinforcing existing power relations. Moreover, these discourses fail to challenge the critical though contingent reality of GMOs' location within the wider framework of neoliberal social relations. Fortunately, appeals to natural purity have not been the only effective strategy for opposing GMOs. Activist campaigns that directly target the political economic implications of GMOs within the context of neoliberalism have also had successes without resorting to appeals to the purity of nature. The successes of these campaigns suggest that while nature-culture dualisms remain politically effective normative groundings, concerns over equity, farmers' rights, and democracy retain potential as ideological terrains in the struggle for social justice.
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Yuliastini, Anita, Budimansyah Budimansyah, and Hj Syarifah Arabiyah. "The Legal Politics of Regulation for Lesbian, Lesbian, Gays, Bisexuals and Transgende (LGBT) in Indonesian Law (Discourse Between Punishment and Regulation)." International Journal of Multi Discipline Science (IJ-MDS) 1, no. 2 (April 25, 2018): 137. http://dx.doi.org/10.26737/ij-mds.v1i1.433.
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<p><em>The LGBT phenomenon is a trending topic in the midst of society after the Constitutional Court has issued a Decision Number 46 / PUU-XIV / 2016 on the examination of norms on Article 284, 286 and 292 of the Criminal Code with the Decision rejecting all petition completely. LGBT is actually a classic problem that has existed as human civilization on earth. LGBT is different from other normal human beings because LGBT has a disorder in terms of sexual orientation so that such circumstances require the presence of the State to take action by criminalizing LGBT because it sees widespread impacts or otherwise violates LGBT on the basis of freedom and human rights. Political law is the activity of choosing the law that will be applied in order to achieve the purpose of the law all of which leads to the achievement of the purpose of the State with the law as a tool. This study is a normative juridical research, where the data used in this study is secondary data in the form of books, legislation, documents and other writings relating to the problems under investigation. Based on the result of the research, it is found that LGBT arrangement in law in Indonesia is a must since Indonesia is a Pancasila country with the first principle of Belief in Godhead and Country built on religious values. The constitutional juridical basis of LGBT arrangement can be seen in Pancasila as the source of all sources of law, The Introduction of the 1945 Constitution, the 1945 Constitution of Indonesian republic, Law Number 12 on 2011 concering the Formulation of Legislation which all affirm that the establishment of law in Indonesia can not be released away from the religious values adopted in Indonesia.</em></p>
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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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Vergeles, Kostiantyn. "INTEGRAL CONCEPT OF MAN – A SOCIAL REQUIREMENT OR PHILOSOPHICAL EFFORTS?" Sophia. Human and Religious Studies Bulletin 15, no. 1 (2021): 31–35. http://dx.doi.org/10.17721/sophia.2020.15.8.
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In the article, based on the analysis of various, partly alternative and contradictory philosophical approaches, ideas and views on the nature of man, its essence, vocation and place in the world, which were developed and promoted throughout the historical development of world philosophy and culture, it shows and substantiates active need and social need to create a modern synthetic, integral concept of man, which must show how all achievements and achievements of man (language, consciousness, ideas, tools, state, image) arcs of art, myth, religion, history, social life) "arise from the basic structure of human being." Actuality is caused not only by the crisis of the modernist idea of "man of reason", who pushed out "natural man" and established himself as a supervising authority on "man of morality" lifted the Mind to unprecedented height, and since Descartes "cogito ergo sum" actually deified, left off seek proof of the truth of their own attitudes not in the realm of the transcendental mind, but in itself, in the self-consciousness (thus philosophically, metaphysically, it eliminated Genesis not as self-consciousness, as that which is always and in advance), but also by the crisis of domains yuchoho past decade and post postpostmodernistskoho discourse on understanding of society, culture, rights and their place in today's "fool the world." The purpose of the article is to show and substantiate the objective necessity and rational expediency of creating a modern integral concept of man, who, incorporating all the achievements of world and national philosophical and scientific thought, as a result of a combination of different approaches – formative, civilizational, sociocultural, and on its basis made our understanding of history, society, man, personality much more humane, more multidimensional and more comprehensive.
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Mohammed, Abdulkhaliq Shamel. "American foreign policy in Middle East: new transformations under W. Bush and Obama administrations." Tikrit Journal For Political Science 1, no. 1 (February 28, 2019): 174. http://dx.doi.org/10.25130/poltic.v1i1.97.
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This study attempts to diagnose the changes witnessed by the American foreign policy in the Middle East, in both of Presidents George W. Bush and Barack Obama administrations, this phase witnessed shift at the level of the visions, beliefs and attitudes. which reflected on the nature of the of dealing with the issues of the region , and embodied the most prominent features of change to adopt the U.S. policy toward the countries of the region in a general principle encapsulates policies , texture pressure in order to establish the values of democracy and human rights as a philosophy and a general principle , and inwardly save its interests in the Middle East , the United States sought for six decades in middle east countries to achieve stability on the expense of democracy , and through the support of totalitarian existing regimes , and cracking down on the opposition .but the events of September 11 forced them to change the approach to foreign policy encouraging democracy and claim to impose reforms. the study exposed to the George W. Bush hard doctrine, unilateral, military tool that give superiority to the implementation of the objectives of its foreign policy, on the contrast of president Obama doctrine with its realistic approach, which sees the need to combine all the tools of foreign policy to implement its objectives, Also this study return to realistic policy in its alliances and legitimacy, as well as dealt approach U.S. political discourse towards the Muslim world, and seek the main topics like, the war on Iraq in 2003and its impact on reformation in the Middle East .And the U.S. position on the Arab Spring, specifically the Syrian revolution. Also this study deals with U.S policy towards Iran Nuclear file, and The Arab-Israeli conflict .The study concluded that foreign policy changes occurred in George W. Bush second presidency is differ from his first presidency, and this transformation take a wider dimension and more comprehensive in Barack Obama's presidency.
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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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