Human Rights Standards


Book Description

A bracing critique of human rights law and activism from the perspective of the Global South. How are human rights norms made, who makes them, and why? In Human Rights Standards, Makau Mutua traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. Examining key texts and documents published since the inception of the human rights movement at the end of World War II, he crafts a bracing critique of these works from the hitherto underutilized perspective of the Global South. Attention is focused on the deficits of the international order and how that order, which is defined by multiple asymmetries, defines human rights in a manner that exhibits normative gaps and cultural biases. Mutua identifies areas of further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various cleavages and divides. The result is the first truly comprehensive critical look at the making of human rights norms and standards and, as such, will be an invaluable resource for students, scholars, activists, and policymakers interested in this important topic.




Social Institutions and International Human Rights Law


Book Description

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.




The Core International Human Rights Treaties


Book Description

This publication reproduces the Universal Declaration of Human Rights, and the nine core international human rights treaties and their optional protocols in a user-friendly format to make them more accessible, in particular to government officials, civil society, human rights defenders, legal practitioners, scholars, individual citizens and others with an interest in human rights norms and standards.




Human Rights


Book Description

In 1948 the United Nations adopted the Universal Declaration of Human Rights, and with it a profusion of norms, processes, and institutions to define, promote, and protect human rights. Today virtually every cause seeks to cloak itself in the righteous language of rights. But even so, this universal reliance on the rights idiom has not succeeded in creating common ground and deep agreement as to the scope, content, and philosophical bases for human rights. Makau Mutua argues that the human rights enterprise inappropriately presents itself as a guarantor of eternal truths without which human civilization is impossible. Mutua contends that in fact the human rights corpus, though well meaning, is a Eurocentric construct for the reconstitution of non-Western societies and peoples with a set of culturally biased norms and practices. Mutua maintains that if the human rights movement is to succeed, it must move away from Eurocentrism as a civilizing crusade and attack on non-European peoples. Only a genuine multicultural approach to human rights can make it truly universal. Indigenous, non-European traditions of Asia, Africa, the Pacific, and the Americas must be deployed to deconstruct—and to reconstruct—a universal bundle of rights that all human societies can claim as theirs.




Human Rights and Development in International Law


Book Description

This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.




The Universal Declaration of Human Rights in the 21st Century


Book Description

The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.




The International Law of Human Rights and States of Exception


Book Description

This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.




Mobilizing for Human Rights


Book Description

Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.




Guiding Principles on Business and Human Rights


Book Description

"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.