1,721,029 research outputs found
Human rights as demands for communicative action
Full text linkA key issue with human rights is how to allocate duties correlative to rights claims. But the philosophical literature, drawing largely on naturalistic or interactional accounts of human rights, develops answers to this question that do not illuminate actual human rights problems. Charles Beitz, in recent work, attempts to develop a conception of human rights more firmly rooted in, and helpful for, current practice. While a move in the right direction, his account does not incorporate the domestic practice of human rights, and as a result remains insufficiently instructive for many human rights challenges. This paper addresses the problem of allocating correlative duties by taking the practices of domestic courts in several countries as a normative benchmark. Upon reviewing how courts in Colombia, India, South Africa, Indonesia, and elsewhere have allocated duties associated with socio-economic rights, the paper finds that courts urge parties to move from an adversarial to an investigative mode, impose requirements that parties argue in good faith, and structure a public forum of communication. The conclusion argues that judicial practice involves requiring respondents to engage in communicative, instead of strategic, action, and explores the implications of this understanding of human rights.Human Rights,International Terrorism&Counterterrorism,Parliamentary Government,Gender and Law,Health Law
Human rights based approaches to developmen t: concepts, evidence, and policy
Full text linkThis paper assesses the benefits, risks, and limitations of human rights based approaches to development, which can be catalogued on the basis of the institutional mechanisms they rely on: global compliance based on international and regional treaties; the policies and programming of donors and executive agencies; rights talk; and legal mobilization. The paper briefly reviews the politics of the first three kinds of human rights based approaches before examining constitutionally based legal mobilization for social and economic rights in greater detail. Litigation for social and economic rights is increasing in frequency and scope in several countries, and exhibits appealing attributes, such as inclusiveness and deliberative quality. Still, there are potential problems with this form of human rights based mobilization, including middle class capture, the potential counter-majoritarianism of courts, and difficulties in compliance. The conclusion summarizes what is known, and what remains to be studied, regarding human rights based approaches to development.Human Rights,Gender and Law,Health Law,Parliamentary Government,Population Policies
Social rights and economics : claims to health care and education in developing countries
Full text linkThe author analyzes contemporary rights-based and economic approaches to health care and education in developing countries. He assesses the foundations and uses of social rights in development, outlines an economic approach to improving health and education services, and then highlights the differences, similarities, and the hard questions that the economic critique poses for rights. The author argues that the policy consequences of rights overlap considerably with a modern economic approach. Both the rights-based and the economic approaches are skeptical that electoral politics and de facto market rules provide sufficient accountability for the effective and equitable provision of health and education services, and that further intrasectoral reforms in governance, particularly those that strengthen the hand of service recipients, are needed. There remain differences between the two approaches. Whether procedures for service delivery are ends in themselves, the degree of disaggregation at which outcomes should be assessed, the consequences of long-term deprivation, metrics used for making tradeoffs, and the behavioral distortions that result from subsidies are all areas where the approaches diverge. Even here, however, the differences are not irreconcilable, and advocates of the approaches need not regard each other as antagonists.Health Monitoring&Evaluation,Health Systems Development&Reform,Decentralization,Public Health Promotion,Early Child and Children's Health,Health Monitoring&Evaluation,Health Economics&Finance,Poverty Assessment,Agricultural Knowledge&Information Systems,Gender and Education
The Last Frontier of Cooperation: An Evaluation of the Role of the Federal Government in Benefit Sharing Programs in Alaska Native Communities
No full textAlaska is more dependent on natural resources and their exploitation for its economic and social prosperity than any other State in the Union. As such, a substantial number of multinational resource-extracting corporations are actively engaged in the exploration and development of Alaska's oil, gas, mineral, and timber reserves. Evidence suggests, however, that development thus far has not been to the equal benefit of local Indigenous communities. Current research on Benefit Sharing demonstrates that many of these agreements fail in their ability to ensure Native representation in negotiations, transparency, and efficient enforcement protocols, in part because existing policies on Benefit Sharing protocol fail to ensure sustainable development locally. Therefore, if it is understood that the Federal Government has an obligation to “ protect and enhance tribal lands, resources, and self-government,” then how can Washington develop a more actionable framework and guidelines for corporations on Benefit Sharing in the Arctic, one that simultaneously can ensure that resource extractors and governmental bodies collaborate closely with Indigenous peoples and other impacted communities to create fair, equitable, and enforceable sharing agreements, while not removing from the functioning of the Alaskan economy?
To address these questions, this Thesis utilized a qualitative approach to evaluate the existing policies and challenges defining Benefit Sharing with Alaska Natives. Upon a literature review of the concept of Benefit Sharing, Alaska and Alaska Native’s political structures and stakeholders, and the historical relationship between Indigenous Alaskans and the Federal Government, this thesis focused on a landmark multilateral treaty, the 1992 Convention on Biological Diversity, and a supplementary agreement’s, the 2010 Nagoya Protocol on Access and Benefit Sharing, potential ability to impact American Domestic Policy around Benefit Sharing. The creation of domestic Benefit Sharing policy through the ratification of these documents by the Federal Government is explored through an analysis of their theoretical and practical applications, as well as a comparative case study of how they have been applied to various other existing Benefit Sharing Agreements around the Arctic. Ultimately, this thesis finds that the ratification of these documents can help create a minimum guarantee of Involvement in all stages of the development process for Native communities, as well as having the potential to enable Natives to pressure Washington into more robust domestic change. These guidelines also promote the incorporation of free, prior, and informed consent frameworks in corporate development frameworks as companies strive to earn the ‘social license’ to operate. Overall, this thesis contributes to the emergence of research around Indigenous Benefit Sharing by providing a theoretical framework for the Federal Government and private companies to produce sustainable development for both Indigenous communities and the surrounding environment
Community Paralegals and the Pursuit of Justice
Get PDFThe United Nations estimates that four billion people worldwide lack access to justice. This book is essential for anyone who wants to change that: lawyers, researchers, policy-makers, and activists. Community paralegals demystify law and empower people to advocate for themselves. In the fight to bring justice everywhere, they are the frontline. This title is also available as Open Access
Social Rights and Economics: Claims to Health Care and Education in Developing Countries
No full textThe author analyzes contemporary
rights-based and economic approaches to health care and
education in developing countries. He assesses the
foundations and uses of social rights in development,
outlines an economic approach to improving health and
education services, and then highlights the differences,
similarities, and the hard questions that the economic
critique poses for rights. The author argues that the policy
consequences of rights overlap considerably with a modern
economic approach. Both the rights-based and the economic
approaches are skeptical that electoral politics and de
facto market rules provide sufficient accountability for the
effective and equitable provision of health and education
services, and that further intrasectoral reforms in
governance, particularly those that strengthen the hand of
service recipients, are needed. There remain differences
between the two approaches. Whether procedures for service
delivery are ends in themselves, the degree of
disaggregation at which outcomes should be assessed, the
consequences of long-term deprivation, metrics used for
making tradeoffs, and the behavioral distortions that result
from subsidies are all areas where the approaches diverge.
Even here, however, the differences are not irreconcilable,
and advocates of the approaches need not regard each other
as antagonists
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
- …
