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"Basic rights"
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How Do Norms Travel? Theorizing International Women's Rights in Transnational Perspective
If women's rights norms have become internationally acknowledged, is it reasonable to assume that the status of women worldwide has improved because of international norms? It is argued here that the assumption of a global-to-local flow of norms inherent in most of the global norm diffusion literature is simplistic. To provide a more adequate theoretical framework, the paper juxtaposes the debate on the impact of international regimes and the power of global norms with an interdisciplinary mix of transnational approaches that identify multidirectional processes of appropriation and contestation of global norms. Departing from the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as the most authoritative and steady piece of the international women's rights discourse, the transnational perspective developed here proposes three main constellations of traveling global norms: global discourse translation, impact translation, and distorted translation.
Journal Article
Formal Rights and Informal Privileges for Same-Sex Couples: Evidence from a National Survey Experiment
Attitudes toward gay rights have liberalized over the past few decades, but scholars know less about the extent to which individuals in the United States exhibit subtle forms of prejudice toward lesbians and gays. To help address this issue, we offer a conceptualization of formal rights and informal privileges. Using original data from a nationally representative survey experiment, we examine whether people distinguish between formal rights (e.g., partnership benefits) and informal privileges (e.g., public displays of affection) in their attitudes toward same-sex couples. Results show that heterosexuals are as willing to extend formal rights to same-sex couples as they are to unmarried heterosexual couples. However, they are less willing to grant informal privileges. Lesbians and gays are more willing to extend formal rights to same-sex couples, but they too are sometimes more supportive of informal privileges for heterosexual couples. We also find that heterosexuals' attitudes toward marriage more closely align with their attitudes toward informal privileges than formal rights, whereas lesbians and gays view marriage similarly to both formal rights and informal privileges. Our findings highlight the need to examine multiple dimensions of sexual prejudice to help understand how informal types of prejudice persist as minority groups receive formal rights.
Journal Article
What kind of right is the right to the city?
This essay critically examines the concept of the right to the city. While many progressive scholars have embraced the idea of the right to the city, what these scholars mean by rights has often been left unexplored. The first half of this essay focuses on the distinctions that political philosophers and legal scholars often draw between various kinds and forms of rights. The second section focuses specifically on how rights are mobilized within scholarship on the right to the city, as well as the tensions and contradictions – with respect to rights – that arise therein.
Journal Article
Decolonization and the Evolution of International Human Rights
In the decades following the triumphant proclamation of the Universal Declaration of Human Rights in 1948, the UN General Assembly was transformed by the arrival of newly independent states from Asia, Africa, and the Middle East. This diverse constellation of states introduced new ideas, methods, and priorities to the human rights program. Their influence was magnified by the highly effective nature of Asian, Arab, and African diplomacy in the UN human rights bodies and the sheer numerical superiority of the so-called Afro-Asian bloc. Owing to the nature of General Assembly procedure, the Third World states dominated the human rights agenda, and enthusiastic support for universal human rights was replaced by decades of authoritarianism and an increasingly strident rejection of the ideas laid out in the Universal Declaration.In Decolonization and the Evolution of International Human Rights, Roland Burke explores the changing impact of decolonization on the UN human rights program. By recovering the contributions of those Asian, African, and Arab voices that joined the global rights debate, Burke demonstrates the central importance of Third World influence across the most pivotal battles in the United Nations, from those that secured the principle of universality, to the passage of the first binding human rights treaties, to the flawed but radical step of studying individual pleas for help. The very presence of so many independent voices from outside the West, and the often defensive nature of Western interventions, complicates the common presumption that the postwar human rights project was driven by Europe and the United States. Drawing on UN transcripts, archives, and the personal papers of key historical actors, this book challenges the notion that the international rights order was imposed on an unwilling and marginalized Third World. Far from being excluded, Asian, African, and Middle Eastern diplomats were powerful agents in both advancing and later obstructing the promotion of human rights.
eBook
Forced to Be Good
Preferential trade agreements have become common ways to protect or restrict access to national markets in products and services. The United States has signed trade agreements with almost two dozen countries as close as Mexico and Canada and as distant as Morocco and Australia. The European Union has done the same. In addition to addressing economic issues, these agreements also regulate the protection of human rights. InForced to Be Good, Emilie M. Hafner-Burton tells the story of the politics of such agreements and of the ways in which governments pursue market integration policies that advance their own political interests, including human rights.
How and why do global norms for social justice become international regulations linked to seemingly unrelated issues, such as trade? Hafner-Burton finds that the process has been unconventional. Efforts by human rights advocates and labor unions to spread human rights ideals, for example, do not explain why American and European governments employ preferential trade agreements to protect human rights. Instead, most of the regulations protecting human rights are codified in global moral principles and laws only because they serve policymakers' interests in accumulating power or resources or solving other problems. Otherwise, demands by moral advocates are tossed aside. And, as Hafner-Burton shows, even the inclusion of human rights protections in trade agreements is no guarantee of real change, because many of the governments that sign on to fair trade regulations oppose such protections and do not intend to force their implementation.
Ultimately, Hafner-Burton finds that, despite the difficulty of enforcing good regulations and the less-than-noble motives for including them, trade agreements that include human rights provisions have made a positive difference in the lives of some of the people they are intended-on paper, at least-to protect.
eBook
Proportionality
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
eBook
The Umbrella Movement
This volume examines the most spectacular struggle for democracy in post-handover Hong Kong. Bringing together scholars with different disciplinary focuses and comparative perspectives from mainland China, Taiwan and Macau, one common thread that stitches the chapters is the use of first-hand data collected through on-site fieldwork. This study unearths how trajectories can create favourable conditions for the spontaneous civil resistance despite the absence of political opportunities and surveys the dynamics through which the protestors, the regime and the wider public responses differently to the prolonged contentious space. The Umbrella Movement: Civil Resistance and Contentious Space in Hong Kong offers an informed analysis of the political future of Hong Kong and its relations with the authoritarian sovereignty as well as sheds light on the methodological challenges and promises in studying modern-day protests.
eBook