{"title":"Should Human Rights Practice be Rights Based?","authors":"Sarah Knuckey, Margaret L. Satterthwaite","doi":"10.1093/oso/9780198868064.003.0024","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0024","url":null,"abstract":"Human rights scholars and organizations often call on governments to adopt ‘human rights-based approaches’ (HRBAs) to many policy areas, from climate change to health policy. HRBAs identify rights and obligations, and advance the principles of participation, accountability, equality, and non-discrimination. This chapter argues that HRBAs have been exported to many fields without ever being sufficiently integrated within human rights advocacy. We find that NGOs often fail to adhere to foundational human rights principles in their own work, reproducing unjust power hierarchies, objectifying victims, and disempowering rights-holders. Were HRBAs adopted by more human rights organizations, the face of human rights advocacy would change—often dramatically. We conclude with questions that could guide human rights practitioners and scholars to advance reform.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120965178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Alston in Alabama","authors":"Frédéric Mégret","doi":"10.1093/oso/9780198868064.003.0026","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0026","url":null,"abstract":"Starting from Alston’s visit in the United States as Special Rapporteur on Extreme Poverty and Human Rights, this chapter interrogates that moment as an illustration of what it means to engage in international human rights work in the world today. It thus foregrounds a notion of human rights praxis as distinct from human rights law or theory. That notion of a praxis is tested against well-known critiques of human rights, namely their tendency to engage in politics without saying so and, more specifically, of not having much to say of substance about fundamental economic inequality. The praxis of human rights, as illustrated by Alston’s own work, is both vulnerable to these critiques and an implicit response to them. The chapter shows how to engage in human rights is simultaneously to performatively construct one’s authority to do so whilst insisting on human rights’ relevance. This brings Alston dangerously close to taking on fundamental questions of political organization that under a liberal view of rights might be thought off-limits and render his own authority precarious. Yet the chapter suggests that in the best of cases a considered and strategically informed praxis of human rights can make the best of bad situations, elevate the debate, and recapture some of the original indignation about injustice that goes at the heart of human rights. It does so both thanks to and despite the contradictions of rights discourse.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124885259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Teaching Human Rights","authors":"J. Tobin","doi":"10.1093/oso/9780198868064.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0013","url":null,"abstract":"Although the availability of courses and teaching materials on international human rights law continues to expand, the pedagogy of human rights has been largely ignored. The chapter is an attempt to ignite a conversation about this issue. It offers some reflections on the role of an academic when teaching human rights. It draws on the work of John Hattie and his model of Visible Learning to first suggest that teachers must focus on being activators who engage in deliberate interventions to promote cognitive change in their students. It then applies Hattie’s idea of learning intentions to a human rights curriculum and outlines a model that focuses on the development of the key capabilities of students across four domains—technical, critical, strategic, and reflective.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117146819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rocking the Human Rights Boat","authors":"M. Koskenniemi","doi":"10.1093/oso/9780198868064.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0004","url":null,"abstract":"The essay is a response to Philip Alston’s claim that those he calls ‘critical scholars’ have unwittingly weakened human rights precisely at the time they were needed—at a time of a populist backlash against many things the rights culture (and the critical scholars themselves) hold valuable. The essay suggests that at least part of that backlash is caused by strategic problems in the human rights agenda and an inability or unwillingness among ‘human rights people’ to come to terms with the political character of their agenda. What critical scholars, and today also many human rights activists, seek to attain, and they are likely to include Alston himself, is a more widely conceived political project to deal with the structural injustices of late modern global society.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"244 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115097011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Towards ASEAN Human Rights Law","authors":"V. Muntarbhorn","doi":"10.1093/oso/9780198868064.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0015","url":null,"abstract":"The chapter traces the link between ASEAN and the development of human rights mechanisms, treaties, declarations, and other documents related thereto. There is now the presence of the ASEAN Charter, with the ASEAN Intergovernmental Human Rights Commission and various sectoral bodies. There is the ASEAN Human Rights Declaration, accompanied by various declarations and plans/programmes of action on women and children, migrant workers, and persons with disabilities, as well as the ASEAN treaty against human trafficking. Yet there is a need to build stronger subregional and national systems for effective human rights protection, such as through accessible courts, human rights commissions, and people’s participation.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132797537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Human Rights, Legitimacy, and Global Governance","authors":"E. Macdonald","doi":"10.1093/oso/9780198868064.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0006","url":null,"abstract":"This contribution examines the relationship between the protection and promotion of human rights and the legitimacy of global governance institutions. In doing so, the essay sketches an account of legitimacy in critical dialogue with Buchanan and Keohane’s 2006 piece ‘The Legitimacy of Global Governance Institutions’. These authors, it is argued, make a number of illustrative errors in setting out their own conception of the legitimacy of global governance institutions, which leads them to an incoherent position on authority, which misstates the role that human rights can play as legitimacy reasons. In response, the argument is made for a conception of legitimacy for governance beyond the state that takes permissible action as primary; and a new account of the normative force of actual individual consent in helping to establish legitimacy and vindicate democratic values, examining the interplay between consent and human rights is proposed.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114300204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Praxis and the Critical International Human Rights Law Scholar","authors":"O. Okafor","doi":"10.1093/oso/9780198868064.003.0023","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0023","url":null,"abstract":"The chapter reflects on the role of critical international human rights law scholars in socio-economic and political praxis outside the academe; focusing on our role as scholars in advancing struggles in favour of the subaltern within or in concert with international institutions and various ‘on-the-ground’ activist groups (such as social movements and NGOs). The chapter begins by examining the very idea of praxis; then focuses, as examples, on an analysis of some of the experiences that the author has had as a critical international human rights law scholar who has also been closely engaged in praxis; and offers a reflection on the promise and perils of such close engagement with praxis. The chapter ends with some concluding remarks.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126422620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Persuasive Authority of Philip Alston’s Work for Human Rights Regional Bodies","authors":"Hélène Tigroudja","doi":"10.1093/oso/9780198868064.003.0020","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0020","url":null,"abstract":"The chapter explores the persuasive authority on Regional Courts of Human Rights of Professor Philip Alston’s reports and other contributions, while serving as member of the UN CESCR, Special Rapporteur on Extrajudicial Executions, and Special Rapporteur on Extreme Poverty and Human Rights. Throughout the reports and multiple general comments he authored, Alston has strongly influenced the approach to human rights. His pleading for the justiciability of economic, social, cultural, and environmental human rights is rendering more visible the connection between the economic situation of an individual, a group or a country and the ideal of universal enjoyment and exercise of human rights. This holistic philosophy centred on the socio-economic conditions of realization of human rights is being increasingly developed by the Inter-American Court of Human Rights, while the European Court stands a step back from this movement.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130634790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Human Rights in a Use Case World","authors":"B. Kingsbury","doi":"10.1093/oso/9780198868064.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0008","url":null,"abstract":"Digital engineers diagram ‘use cases’ to design software, based on practical needs of the quotidian product user rather than big normative claims. Human rights lawyers work in the reverse direction, starting from principles of universal application then applying these to hard cases. These two modes of thinking and practice have existed separately. Digital automation of government services using algorithms and AI is bringing them abruptly together and into mutual learning. The chapter examines controversies and court decisions over digital welfare state programmes in Australia (Robodebt), the Netherlands (Syri), and the United Kingdom (Universal Credit), highlighted by Philip Alston as UN Special Rapporteur. The normative practice of human rights must grapple with data concentration and computerized decisions wherever power is exercised. The chapter proposes ‘thinking infrastructurally’ as a path to bring human rights thinking into the fast-escaping public–private practices of algorithmic government and machine learning.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130795963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Advocating an Ad Hoc Forum for Business and Human Rights Disputes","authors":"B. Simma, Giorgia Sangiuolo","doi":"10.1093/oso/9780198868064.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198868064.003.0009","url":null,"abstract":"The chapter examines the added potential of the Hague Rules on Business and Human Rights Arbitration (Hague Rules) to solve disputes on compliance by businesses with human rights obligations compared to certain international judicial and arbitral institutions that have dealt with such disputes. Despite commendable efforts, the International Court of Justice (ICJ), the European Court of Human Rights (ECtHR), investor-state arbitral tribunals, and the Court of Justice of the European Union (CJEU) all suffer from deficiencies that stand in the way of their delivering a genuinely ‘effective’ adjudication of BHR disputes under the UN Guiding Principles on Business and Human Rights. Combining the flexibility and transnational nature of arbitration with an ad hoc structure and mandate, injected with human rights and BHR-specific values and principles, the Hague Rules represent one effective avenue to prevent and redress violations of corporate social responsibility (CSR) obligations committed by businesses.","PeriodicalId":233746,"journal":{"name":"The Struggle for Human Rights","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122121187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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