Found 10 article(s) for author 'Human Rights'

A Claim to Own Productive Property

A Claim to Own Productive Property. Nien-he Hsieh, 2019, Book Chapter, “The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit, and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery, and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions.Link

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The Future of Economic and Social Rights – Foreword

The Future of Economic and Social Rights – Foreword. Amartya Sen, 2019, Book Chapter, “The future of economic and social rights is unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a single-minded conception of development as economic growth, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. However, today, under conditions of immense poverty, insecurity, and political instability, the rights to education, health care, housing, social security, food, water, and sanitation are central components of the human rights agenda. The Future of Economic and Social Rights captures the significant transformations occurring in the theory and practice of economic and social rights, in constitutional and human rights law. Professor Katharine G. Young brings together a group of distinguished scholars from diverse disciplines to examine and advance the broad research field of economic and social rights that incorporates legal, political science, economic, philosophy and anthropology scholars.Link

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Health as a Way of Doing Business

Health as a Way of Doing Business. Amy Edmondson, December 6, 2018, Paper, “For too long, the worlds of business and health have been mired in a checkered, sometimes contentious, history. Millions of deaths worldwide can be attributed to risk factors including tobacco use, alcohol and drug misuse, and suboptimal dietary intake linked to commercial products. Media (including social media) coverage about the safety and cost of many consumer goods, both medical (drugs, devices) and nonmedical, reflect profound public concerns. Longstanding societal scrutiny about the role of business in environmental pollution has only increased in the era of global warming.Link

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Development Ethics as Reflected in the Right to Development

Development Ethics as Reflected in the Right to Development. Stephen Marks, 2018, Book Chapter, “One of the most salient contradictions of human rights in international development is the fact that there exists a human rights instrument that directly addresses all agreedupon ethical principles of development, as defined in this handbook (See Chapter 1 above.) and yet implementation of that instrument is mired in “political theatre” and consequently is inoperable. Indeed, the Declaration on the Right to Development (DRTD), which was adopted by UN General Assembly (GA) on 4 December 1986 (UN 1986), addresses directly all seven values analyzed by this handbook and efforts to clarify the meaning of its ten articles through expert inputs provided to the United Nations have been even more explicit on these ethical principles.Link

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The Persistence of Colonial Laws: Why Rwanda is Ready to Remove Outdated Legal Barriers to Health, Human Rights, and Development

The Persistence of Colonial Laws: Why Rwanda is Ready to Remove Outdated Legal Barriers to Health, Human Rights, and Development. Richard Freeman, Agnes Binagwaho, June 10, 2018, Paper, “Rwanda has earned a reputation as a trailblazer among developing nations. Especially in the health sector, it is often the early-adopter of international recommendations and new technologies. Yet at times, Rwanda’s momentum is impeded when it must grapple with a challenge that post-colonial societies commonly face: the persistence of colonial laws. When left in force, these legal vestiges, once designed to oppress and subordinate, can rear their head at unexpected moments, causing delays in policy implementation, uncertainty, or unjust outcomes.Link

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Exponential Innovation and Human Rights: Implications for Science and Technology Diplomacy

Exponential Innovation and Human Rights: Implications for Science and Technology Diplomacy. Calestous Juma, February 27, 2018, Paper, “The international community has historically maintained hope that advances in science and technology offer humanity a wide range of options for improving its well-being. Recently anxieties arising from rapid advancement in science and technology and the emergence of new global business models have re-opened debates on the relations between exponential innovation and human rights. The search for inclusive innovation models has led to the need to rethink traditional views about concepts such as “a technology transfer” that continue to underpin international negotiations, especially under the United Nations (UN).Link

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Business Responsibilities for Human Rights

Business Responsibilities for Human Rights: A Commentary on Arnold. Nien-he Hsieh, 2017, Paper, “Human rights have come to play a prominent role in debates about the responsibilities of business. In the business ethics literature, there are two approaches to the question of whether businesses have human rights obligations. The ‘moral’ approach conceives of human rights as antecedently existing basic moral rights. The ‘institutional’ approach starts with contemporary human rights practice in which human rights refer to rights enumerated in the Universal Declaration of Human Rights and subsequent international documents, and in which states are the primary duty bearers of human rights. This commentary argues that the implications of adopting one or the other approach are much greater than most scholars recognize, and that we have reason to reject the moral approach and to adopt the institutional approach instead. The commentary highlights key questions that need to be addressed if human rights are to play a central role in framing the responsibilities of business.Link

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Poverty and Human Rights

Poverty and Human Rights. Stephen Marks, 2017, Book Chapter, “This chapter addresses the challenge posed by poverty to the protection of human rights. Human rights define the entitlements considered necessary for a life of dignity in society, including the right to an adequate standard of living, that is, the right to be free from poverty. At this high level of abstraction, the elimination of poverty and realization of human rights are similar in that both clarify what needs to be done so that all human beings enjoy minimal standards of a decent existence. The context for this inquiry is the consensus regarding the imperative of poverty reduction and human rights realization, and the contested interpretations of the relationship between the two. This context will be set out first, followed by a discussion of how international
discourses on human rights and poverty diverge and, finally, how they converge.Link

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Should Business Have Human Rights Obligations?

Should Business Have Human Rights Obligations? Nien-hê Hsieh, July 2015, Paper. “Businesses and their managers are increasingly called upon to take on human rights obligations. Focusing on the case of multinational enterprises (MNEs), the paper argues we have reason to reject assigning human rights obligations to business enterprises and their managers. The paper begins by distinguishing business and human rights from the more general topic of corporate responsibility. Following Buchanan (2013), the paper takes the ideal of status egalitarianism to be central to human rights...” Link

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Human Rights and the Challenges of Science and Technology

Human Rights and the Challenges of Science and Technology, Stephen Marks, December 2014, Paper. “The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human right of everyone ‘to enjoy the benefits of scientific progress and its applications.’ This comment explores the hypothesis…” Link

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