scholarly journals Humans Rights Against Human Rights

2021 ◽  
Vol 11 ◽  
pp. 142-153
Author(s):  
Neil Vallelly
Keyword(s):  
Human Rights ◽  
History Of

Review of Jessica Whyte, The Morals of the Market: Human Rights and the Rise of Neoliberalism. A new history of the parallel rise of neoliberalism and human rights.

Zainichi (Korean Residents in Japan)

2018 ◽  
Author(s):  
Kiyoteru Tsutsui
Keyword(s):  
Human Rights ◽  
Korean Peninsula ◽  
International Norms ◽  
Japanese Government ◽  
Political Rights ◽  
Citizenship Rights ◽  
Colonial Era ◽  
History Of

This chapter examines the complicated history of Zainichi, Korean residents in Japan, who came to Japan during the colonial era. After 1945, Zainichi lost all citizenship rights and had to fight for many rights, but the division in the Korean peninsula cast a shadow over Zainichi communities, hampering effective activism for more rights in Japan. Focusing on the issue of fingerprinting—the most salient example of rights violations against Zainichi—the chapter demonstrates how, since the late 1970s, global human rights principles have enabled Zainichi to recast their movement as claims for universal rights regardless of citizenship and to use international forums to pressure the Japanese government, leading to the abolition of the fingerprinting practice. Zainichi achieved similar successes in other areas of rights except for political rights, where international norms do not clearly support suffrage for noncitizens. Zainichi also contributed to global human rights by advancing rights for noncitizen minorities.

Genealogies of Human Rights

2018 ◽  
Author(s):  
Jeffrey Flynn
Keyword(s):  
Human Rights ◽  
History Of

This commentary on essays by Koskenniemi, Brett, Moyn, and Tasioulas analyses the relations between several ways of doing the history of human rights—depending on whether they focus on the substance, range of application, or political salience of human rights—and ways of doing the philosophy of human rights. More specifically, it argues that Moyn and Tasioulas are talking past each other when debating how we should think about the function of human rights. It concludes by considering topics on which philosophers and historians might fruitfully collaborate in thinking about human rights.

Reading Statelessness

2018 ◽  
Author(s):  
Lyndsey Stonebridge
Keyword(s):  
Human Rights ◽  
Political Theory ◽  
The Novel ◽  
History Of The Novel ◽  
Political Sovereignty ◽  
History Of

Hannah Arendt’s analysis of the failure of human rights to address statelessness is well known. Less commented upon is how important literature was to her thought. This chapter shows how Arendt’s 1940s essays on Kafka connect the history of the novel to shifting definitions of legal and political sovereignty. Arendt reads The Castle as a blueprint for a political theory that is also a theory of fiction: in the novel K, the unwanted stranger, demolishes the fiction of the rights of man, and with it, the fantasy of assimilation. In a parallel move, Kafka also refuses to assimilate his character into the conventions of fiction. Arendt’s reading changes the terms for how we might approach the literature of exile and of human rights.

scholarly journals The Struggle Against Torture: Challenges, Assumptions and New Directions

2019 ◽  
Vol 11 (2) ◽  
pp. 324-333
Author(s):  
Tobias Kelly
Keyword(s):  
Human Rights ◽  
Multiple Forms ◽  
Marginalized Groups ◽  
Current State ◽  
New Directions ◽  
History Of ◽  
Emerging Themes ◽  
Short Essay ◽  
Forms Of Violence

Abstract This short essay offers a broad and necessarily incomplete review of the current state of the human rights struggle against torture and ill-treatment. It sketches four widespread assumptions in that struggle: 1) that torture is an issue of detention and interrogation; 2) that political or security detainees are archetypal victims of torture; 3) that legal reform is one of the best ways to fight torture; and 4) that human rights monitoring helps to stamp out violence. These four assumptions have all played an important role in the history of the human rights fight against torture, but also resulted in limitations in terms of the interventions that are used, the forms of violence that human rights practitioners respond to, and the types of survivors they seek to protect. Taken together, these four assumptions have created challenges for the human rights community in confronting the multiple forms of torture rooted in the deep and widespread inequality experienced by many poor and marginalized groups. The essay ends by pointing to some emerging themes in the fight against torture, such as a focus on inequality, extra-custodial violence, and the role of corruption.

scholarly journals Limiting the executive power after the Second World War: the invention of administrative science

2021 ◽  
pp. 002085232098559
Author(s):  
Céline Mavrot
Keyword(s):  
Human Rights ◽  
World Order ◽  
Daily Practice ◽  
Second World War ◽  
Executive Power ◽  
World War ◽  
Administrative Power ◽  
History Of ◽  
Second World ◽  
Administrative Science

This article analyses the emergence of administrative science in France in the wake of the Second World War. The birth of this discipline is examined through the history of its founders, a group of comparatist aiming at developing universal administrative principles. The post-war context prompted the creation of checks and balances against administrative power (through oversight of the legality of administrative action) and against the powers of nation states (through human rights and international organizations). Administrative science and comparative law were meant to rebuild international relations. The history of this discipline highlights a legal project to redefine the role and limits of executive power at the dawn of the construction of a new world order. Points for practitioners Looking at long-term developments in the science of administration helps to inform administrative practice by providing a historical and reflective perspective. This article shows how a new understanding of the administrative reality emerged after the fall of the totalitarian regimes of the first half of the 20th century. It highlights the different ways in which administrative power was controlled after the Second World War through greater oversight over administrative legality, the establishment of universal administrative principles and the proclamation of human rights. Questions of administrative legitimacy and the limitation of administrative power are still very much part of the daily practice of executive power, and represent a central aspect of administrative thinking.

scholarly journals Canada’s history of failing to provide medical care for Indigenous children

2020 ◽  
Author(s):  
Rakhshan Kamran
Keyword(s):  
Health Care ◽  
Human Rights ◽  
First Nations ◽  
Social Services ◽  
Current Status ◽  
House Of Commons ◽  
Canadian Government ◽  
Indigenous Children ◽  
History Of ◽  
Services And Supports

Abstract In December 2007, the House of Commons unanimously supported Jordan’s Principle, a commitment that all First Nations children would receive the health care products, social services, and supports, and education they need, in memory of Jordan River Anderson. However, the process of applying for Jordan’s Principle was convoluted and not transparent, leaving several cases not being responded to. The Canadian Human Rights Tribunal found the definition and implementation of Jordan’s Principle to be racist and discriminatory in 2016, ordering the Canadian government to make immediate changes. Failing to make changes to Jordan’s Principle, the Canadian government was found to be noncompliant with the Canadian Human Rights Tribunal orders in 2018. This article provides one case example of Jordan’s Principle that was not responded to, details on the current status of Jordan’s Principle, and information on the recent implementation of the Act respecting First Nations, Inuit and Métis children, youth and families.

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