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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
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
International Human Rights in Post-Colonial Africa
This study advances three interrelated claims for international human rights standards (IHRS). First, that post-colonial African societies are bureaucratic modern states and capitalist societies to which IHRS are suitable for application, pursuant to the Modified Modernisation Theory. The sweeping vicissitudes that have taken place in post-colonial Africa since colonial eras necessitate a paradigm shift: we must change our assumptions about the structural and socio-politico-economic systems of post-colonial Africa and their impact on individual and group rights. Second, that extant pleadings for cultural relativism in post-colonial Africa are fixated on reified assumptions about the minimal role of the individual. Today, however, every state relies on its individual subjects for its institutional and socio-politico-economic development, just as every individual relies on the state for a more secure, fulfilling and dignified human existence. Finally, the book advances legal and moral justifications for the universality of human rights standards, notwithstanding global cultural heterogeneity.
eBook
Nanolaw Ethics
This book explores the ethical and legal dilemmas of nanotechnology with a focus on human rights. As in nanotechnology and nanomedicine, it utilizes a similar approach in law to address present and future issues in nanotechnology that looks to past and present law with new understanding to not only prepare for the future but address existing contemporary issues - a 'Janus Approach'. Nanotechnology brings unprecedented technological revolution. However, it comes with heightened ethical and legal concerns. Nanotechnology is now present in every aspect of life, without full public awareness. Some branches of nanotechnology utilize human DNA, and affect humans in a multitude of unprecedented ways. Legal and ethical issues have been long discussed, they tend to be managed in individual fields, rather than taken as a whole.Ethical concerns are especially important for vulnerable populations such as targeted minority groups or people from the Global South. This book provides a realistic minimalist ethical solution that can be applied to any situation, utilizing a human rights-based approach for universal application. This encompasses ethics based on Aristotelian principles into technology and the public good. The book includes case examples addressing past, present and future concerns.
eBook