scholarly journals Transnational Feminisms, Nonideal Theory, and “Other” Women’s Power

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Serene J Khader
Keyword(s):  
Amartya Sen ◽  
Gender Justice ◽  
Nonideal Theory ◽  
Epistemic Practices ◽  
Just Culture ◽  
Multiple Strategies ◽  
Women's Power ◽  
Women's Oppression ◽  
The Right ◽  
Key Questions

Postcolonial and transnational feminists’ calls to recognize “other” women’s agency have seemed to some Western feminists to entail moral quietism about women’s oppression. Here, I offer an antirelativist framing of the transnational feminist critiques, one rooted in a conception of transnational feminisms as a nonideal theoretical enterprise. The Western feminist problem is not simple ethnocentrism, but rather a failure to ask the right types of normative questions, questions relevant to the nonideal context in which transnational feminist praxis occurs. Instead of asking which forms of power are gender-justice-enhancing, Western feminists are fixated on contrasting “other” cultures to an idealized Western culture. A focus on ideal theorizing works together with colonial epistemic practices to divert Western feminist attention from key questions about what will reduce “other” women’s oppression under conditions of gender injustice and ongoing imperialism. Western feminists need to ask whether “other” women’s power is resistant, and answering this question requires a focus on what Amartya Sen would call “justice enhancement” rather than an ideal of the gender-just culture. I show how a focus on resistance, accompanied by a colonialism-visibilizing hypothesis and a normative vision that allows multiple strategies for transitioning out of injustice, can guide Western feminists toward more appropriate questions about “other” women’s power.

Conclusion

2018 ◽  
pp. 246-256
Author(s):  
Steven Hurst
Keyword(s):  
Nuclear Weapons ◽  
Islamic Republic ◽  
Political Factions ◽  
The Usa ◽  
The Right ◽  
Made In ◽  
Key Questions

The conclusion summarizes the arguments made in the previous chapters and returns to the key questions raised in the introduction. It concludes that the available evidence suggest that the Islamic Republic was not bent on the development of nuclear weapons and that key political factions within Iran were happy to forego them in return for reciprocal concessions from the USA. It further follows from that conclusion that claims that the JCPOA represented a successful coercion of Iran through sanctions are wide of the mark. Iranian leaders had been prepared to offer a compromise before effective sanctions were imposed and a deal was only reached when Obama conceded Iran the right to continue enriching uranium. Finally, the chapter argues, based on these conclusions, that Donald Trump's decision to abandon the agreement and re-impose sanctions is unlikely to produce the concessions from Iran that he desires

Diritto alla salute, equità e governance delle malattie neglette e della povertà / Right to health, equity and governance of neglected diseases and poverty

2016 ◽  
Vol 65 (4) ◽  
pp. 477-493
Author(s):  
Elena Mancini
Keyword(s):  
Neglected Tropical Diseases ◽  
Universal Access ◽  
International Health ◽  
Right To Health ◽  
Martha Nussbaum ◽  
Neglected Diseases ◽  
Amartya Sen ◽  
Justice In Health Care ◽  
The Right ◽  
The Impact

L’articolo esamina la salute quale diritto umano fondamentale nelle principali Carte internazionali. Sarà in particolare ricostruito il percorso storico-concettuale che ha portato al riconoscimento della natura complessa e inclusiva del diritto alla salute. Il fallimento delle politiche sanitarie mirate a sconfiggere singole malattie - come avvenuto nel caso della malaria - ha imposto una maggiore attenzione verso i determinanti sociali della salute, dando origine ad un processo che ha portato a concepire la salute quale problema di equità internazionale la cui soluzione richiede la realizzazione di condizioni sociali, economiche e ambientali e la promozione di libertà umane fondamentali. Il diritto a godere del più alto livello di salute ricomprende oltre al diritto all’accesso a cure mediche e a farmaci di qualità, anche la disponibilità di misure igieniche, di corrette informazioni sanitarie e la protezione di libertà fondamentali quali la libertà dall’esclusione sociale e il possesso di titoli per l’accesso concreto alle cure essenziali primarie. Viene proposta una interpretazione dei diversi modelli di giustizia sanitaria elaborati per l’individuazione delle priorità nella utilizzazione delle risorse sanitarie, nella pianificazione degli interventi anche a livello internazionale e per la valutazione dei risultati da questi conseguiti in termini di equità e di protezione dei diritti umani. Sono esaminati gli indicatori e i parametri utilizzati per monitorare la progressiva realizzazione del diritto alla salute e l’efficacia degli interventi internazionali nel promuovere l’accesso universale alle cure con particolare attenzione alle strategie di contrasto delle malattie neglette e della povertà. In particolare viene illustrato il modello delle libertà sostanziali quali “capacitazioni” teorizzato da Amartya Sen e sviluppato da Martha Nussbaum nelle sue possibili applicazioni nell’ambito dell’accesso universale alle cure e delle possibili linee di azione della solidarietà internazionale.----------The aim of this article is to study health as a fundamental right in the main International Charters. We want to underline the historical and conceptual way that led to the recognition of the complex and inclusive nature of right to health. The failure of some sanitary policies supposed to defeat some illnesses – as it happened for malaria fever – obliged to give a better attention towards the social and economic determinants of health and consider the process that led to a new meaning of health: health as a problem of international equity. To realize this goal, is necessary, first of all, to understand social, economic and environmental conditions and to promote fundamental human freedoms. The right to enjoy a good level of health means not only to have the right to access to medical treatments or to high qualities medicines, but also to have a high level of sanitary measures and a correct sanitary information and to enjoy the right of freedom in order to avoid social exclusion and to obtain the access to primaries health treatment. In this article there is a proposal to help a better interpretation of the different models of justice in health care which are supposed to define equity in allocating main resources that are necessary to the international planning of the interventions. The results reached by international health policies are evaluated with regard to equity and protection of human rights. This proposal analyses the indicators and the parameters used to realize and control the progressive realization of the right to health and the impact of the international interventions used in order to promote a universal access to treatments; in particular it examines the strategies used against the neglected tropical diseases. In details it explains the model of substantial freedoms as capabilities, as it has been theorized by Amartya Sen and developed by Martha Nussbaum, used in their possible applications with regards to universal access to treatments and also to feasible international solidarity actions.

Capability Deprivation

2017 ◽  
Author(s):  
Rod Hick ◽  
Tania Burchardt
Keyword(s):  
Capability Approach ◽  
State Of The Art ◽  
Amartya Sen ◽  
Current State ◽  
Capability Deprivation ◽  
Key Questions ◽  
The Capability Approach

This article examines capability deprivation as the basis for analyzing poverty. The capability approach, developed initially by Amartya Sen, questions the “informational space” on which considerations of poverty, inequality, justice, and so forth, should be based. According to the capability approach, the appropriate “space” for analyzing poverty is not what people have, nor how they feel, but what they can do and be. After providing an overview of the concepts that comprise the capability approach, this article discusses three key questions within the literature regarding the nature of the approach, namely: the question of functioning and/or capabilities, the question of a capability list, and the question of aggregation. It also describes some prominent empirical applications that have been inspired by the capability approach and concludes with an assessment of the current state-of-the-art literature on the capability approach.

scholarly journals Risk assessment criteria in liver transplantation for hepatocellular carcinoma: proposal to improve transplant oncology

2020 ◽  
Vol 7 (3) ◽  
pp. HEP26
Author(s):  
John C McVey ◽  
Kazunari Sasaki ◽  
Daniel J Firl
Keyword(s):  
Hepatocellular Carcinoma ◽  
Liver Transplantation ◽  
Clinical Practice ◽  
Predictive Power ◽  
Liver Allocation ◽  
Recent Developments ◽  
The Right ◽  
Practice Patient ◽  
New Criteria ◽  
Key Questions

Liver transplantation for hepatocellular carcinoma has proved to be a highly effective cure if the right patient can be selected. Milan criteria has traditionally guided physicians toward appropriate liver allocation but changes in clinical practice, patient populations and recent developments in biomarkers are decreasing Milan criteria’s utility. At the same time, the literature has flooded with a diversity of new criteria that demonstrate strong predictive power and are better suited for current clinical practice. In this article, the utility of newly proposed criteria will be reviewed and important issues to improve future criteria will be addressed in hopes of opening a discussion on how key questions surrounding criteria for liver transplantation of hepatocellular carcinoma can be answered.

scholarly journals POSTHUMOUSLY CONCEIVED CHILDREN: DETERMINATION OF PARENTAGE AND INHERITANCE RIGHTS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Марина Шелютто ◽  
Marina SHyelyutto
Keyword(s):  
Canadian Province ◽  
Foreign Law ◽  
The Usa ◽  
Cryopreserved Sperm ◽  
The Right ◽  
Dead Man ◽  
Posthumous Reproduction ◽  
Key Questions

The possibility to store sperm and to produce embryos in vitro has made it possible for a child to be conceived after the death of one or even both of the child’s parents and the number of posthumous conceptions has increased in recent decades around the world. Posthumous reproduction raises a complex of legal issues: has someone the right to harvest sperm from a dead man body and to use cryopreserved sperm, embryos or eggs to conceive a child after the death of his (her) genetic parent, can posthumously conceived child have legal tie with such a parent and inherit from his (her) parent? These issues have direct relevance to human rights in the sphere of reproduction and the rights of posthumously conceived child simultaneously. According to foreign law the key questions in determination of parentage are the consent of the deceased person to use postmortem reproduction and his or her consent to be a parent of posthumously conceived child. Traditionally to inherit, a person must be alive at the death of the testator or to be conceived before the death, but this rule has been already changed in 21 states of the USA and the Canadian province of British Columbia, where posthumously conceived children can inherit. However, besides the determination of parentage, there are several other additional conditions of their inheritance rights.

scholarly journals Strategies for Leveraging Crowds

2020 ◽  
Vol 12 (1) ◽  
pp. 25-29
Author(s):  
Linus Dahlander ◽  
Henning Piezunka
Keyword(s):  
Success Factors ◽  
The Other ◽  
Analytic Method ◽  
Key Success Factors ◽  
The Right ◽  
Key Questions

AbstractCrowds can be very effective, but that is not always the case. To actually render the usage of crowds effective, several factors need to be aligned: crowd composition, the right question at the right time, and the right analytic method applied to the responses. Specific skills are mandatory to tap into the creativity of a crowd, harness it effectively and transform it into offers that markets value.The “DBAS” framework is recommended to successfully implement a crowd project. It consists of four stages, and in each phase some key questions need to be addressed. Each decision along the DBAS pathway matters and how you navigate each stage can either reinforce or undermine decisions made at the other stages. The right degree of innovativeness, listening to contributors and informing participants openly about the fate of rejected ideas are key success factors that require special attention. To continually improve the odds of success, crowdsourcing should best be treated as a continual iterative churn.

scholarly journals Sengketa Hak Asuh Anak Dalam Hukum Keluarga Perspektif Keadilan Jender

2017 ◽  
Vol 2 (1) ◽  
pp. 153
Author(s):  
Ahmad Zaenal Fanani
Keyword(s):  
Gender Equity ◽  
Main Parameter ◽  
Family Law ◽  
Gender Justice ◽  
Men And Women ◽  
Positive Law ◽  
Islamic Family Law ◽  
The One ◽  
The Right

Abstract: The one of the crucial issues in the Islamic family law in Indonesia is the issue of gender equity including tug of love. It is caused by historical and empirical of Islamic family law which still put unequal status and unequal roles between men and women. That Islamic family law is law that has become the positive law or has become law and regulation in Indonesia. This article will discuss about the provision of tug of love dispute in Islamic family law in Indonesia, and the renewal of provision of tug of love dispute from a gender justice perspective. Based on the review and analysis can be concluded that the provision of tug of love dispute in Islamic family law in Indonesia (particularly Article 105 and 156 KHI) is not gender equitable and should be revised by adding the aspect of morality, aspect of health, the ability to educate and the ability to take care of children as the main parameter in determining the right parent who will possess the custody of the children.Abstrak: Salah satu persoalan krusial dalam hukum keluarga di Indonesia yang perlu mendapat pembaharuan dewasa ini adalah persoalan keadilan jender dalam hukum keluarga, termasuk hak asuh anak. Hal ini dikarenakan kenyataan historis-empiris hukum keluarga masih menempatkan status dan peran yang tidak setara antara laki-laki dan perempuan. Hukum keluarga yang dimaksud adalah hukum keluarga yang sudah menjadi hukum positif atau menjadi peraturan perundang-undangan di Indonesia. Artikel ini akan membahas tentang bagaimana ketentuan sengketa hak asuh anak dalam hukum keluarga Islam di Indonesia, serta bagaimana pembaruan ketentuan sengketa hak asuh anak dalam perspektif keadilan jender. Berdasarkan kajian artikel ini, dapat disimpulkan; Pertama, ketentuan hukum tentang sengketa hak asuh anak yang diatur dalam pasal 105 dan 156 KHI tidak responsif jender. Kedua, aspek moralitas, kesehatan dan kemampuan mendidik dan memelihara anak tidak bisa dimonopoli oleh jenis kelamin tertentu akan tetapi semua aspek tersebut sama-sama bisa dimiliki baik oleh kaum perempuan (ibu) maupun oleh kaum laki-laki (bapak).

Rights as Security

2019 ◽  
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
Conceptual Analysis ◽  
Well Being ◽  
Capabilities Approach ◽  
Legal Rights ◽  
Amartya Sen ◽  
Human Rights Law ◽  
Negative Duties ◽  
The Right ◽  
Broad Meaning

The right to security of person is widely recognized but little understood. Courts, legislatures, scholars, and others disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent parts: security and the person. Applying an original conceptual analysis of ‘security’, it is argued that the right to security of person imposes both positive and negative duties. Also, to identify the interests to be protected by the right, we need a theory of personhood or well-being such as Amartya Sen and Martha Nussbaum’s ‘capabilities approach’. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.

The Right to Protection from Incitement to Hatred

2021 ◽  
Author(s):  
Mona Elbahtimy
Keyword(s):  
Human Rights ◽  
Strong Influence ◽  
Hate Speech ◽  
International Human Rights Law ◽  
New Wave ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Key Questions

Against the backdrop of the new globalized hate speech dynamics, the nature and scope of States' obligations pursuant to international human rights law on prohibiting incitement to hatred have taken on increased importance and have become a controversial issue within multilateral human rights diplomacy. Key questions being posed in the on-going debates over how best to respond to the new wave of hatred include whether the international legal norm against incitement to hatred, as it currently stands, is suitable to address the contemporary challenges of this phenomenon. Alternatively, does it need to be developed further? This book traces the journey of this norm in three analytical domains; its emergence, relevant supranational jurisprudence, and the recent standard-setting attempts within the UN. The book argues that five internal features of the norm had a strong influence on its difficult path within international human rights law.

Pioneer Girls and Flappers: Australia’s Early Female Ammunition Workers

2019 ◽  
Vol 117 (1) ◽  
pp. 23-46
Author(s):  
Katie Wood
Keyword(s):  
Women Workers ◽  
World War I ◽  
Public Debate ◽  
World War ◽  
Small Arms ◽  
Working Lives ◽  
Employed Women ◽  
The Right ◽  
Key Questions

In 1890, in the midst of an extended public debate on the right of women to work and the conditions of those who did, a small arms ammunition factory was built on the banks of the Maribyrnong River in Victoria. The Colonial Ammunition Company employed women almost exclusively from its establishment until the end of World War I. During this time, the workforce became the largest group of women workers engaged in the metal industries across Australia. This article will draw out their working experience by focusing on several key questions. Why were women employed? How was their experience and how were their methods of organisation shaped by gender? How did World War I impact on this experience? Exploring the answers to these particular questions draws out some of the key ways in which gender shaped the working lives of these women.

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