{"title":"认真对待尊严,保护印度拾荒者:联合国人权委员会的经验教训","authors":"Aishani Gupta","doi":"10.1093/hrlr/ngac019","DOIUrl":null,"url":null,"abstract":"\n This article analyses the Indian caste-based occupation of sanitation work undertaken without protective equipment—manual scavenging. The current legal framework on manual scavenging in India suggests that demolishing dry latrines will abolish manual scavenging. This approach overlooks the coercive nature of the caste system and is therefore an inadequate solution for abolishing manual scavenging. Hence, this article asks ‘how can the legal system provide better legal protections to manual scavengers when the caste system that underpins the practice is deeply entrenched in Indian society?’ The article examines one possible answer—taking dignity more seriously. It demonstrates that manual scavenging is a dignitarian problem by mapping the main dignitarian harms that arise from it, such as humiliation, loss of autonomy and tensions with group dignity. Ultimately, it proposes using dignity in line with the jurisprudence of the UN Human Rights Committee to provide more comprehensive legal protections for manual scavengers.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.6000,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Taking Dignity Seriously to Protect Manual Scavengers in India: Lessons from the UN Human Rights Committee\",\"authors\":\"Aishani Gupta\",\"doi\":\"10.1093/hrlr/ngac019\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n This article analyses the Indian caste-based occupation of sanitation work undertaken without protective equipment—manual scavenging. The current legal framework on manual scavenging in India suggests that demolishing dry latrines will abolish manual scavenging. This approach overlooks the coercive nature of the caste system and is therefore an inadequate solution for abolishing manual scavenging. Hence, this article asks ‘how can the legal system provide better legal protections to manual scavengers when the caste system that underpins the practice is deeply entrenched in Indian society?’ The article examines one possible answer—taking dignity more seriously. It demonstrates that manual scavenging is a dignitarian problem by mapping the main dignitarian harms that arise from it, such as humiliation, loss of autonomy and tensions with group dignity. Ultimately, it proposes using dignity in line with the jurisprudence of the UN Human Rights Committee to provide more comprehensive legal protections for manual scavengers.\",\"PeriodicalId\":46556,\"journal\":{\"name\":\"Human Rights Law Review\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.6000,\"publicationDate\":\"2022-06-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Human Rights Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/hrlr/ngac019\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/hrlr/ngac019","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Taking Dignity Seriously to Protect Manual Scavengers in India: Lessons from the UN Human Rights Committee
This article analyses the Indian caste-based occupation of sanitation work undertaken without protective equipment—manual scavenging. The current legal framework on manual scavenging in India suggests that demolishing dry latrines will abolish manual scavenging. This approach overlooks the coercive nature of the caste system and is therefore an inadequate solution for abolishing manual scavenging. Hence, this article asks ‘how can the legal system provide better legal protections to manual scavengers when the caste system that underpins the practice is deeply entrenched in Indian society?’ The article examines one possible answer—taking dignity more seriously. It demonstrates that manual scavenging is a dignitarian problem by mapping the main dignitarian harms that arise from it, such as humiliation, loss of autonomy and tensions with group dignity. Ultimately, it proposes using dignity in line with the jurisprudence of the UN Human Rights Committee to provide more comprehensive legal protections for manual scavengers.
期刊介绍:
Launched in 2001, Human Rights Law Review seeks to promote awareness, knowledge, and discussion on matters of human rights law and policy. While academic in focus, the Review is also of interest to the wider human rights community, including those in governmental, inter-governmental and non-governmental spheres, concerned with law, policy, and fieldwork. The Review publishes critical articles that consider human rights in their various contexts, from global to national levels, book reviews, and a section dedicated to analysis of recent jurisprudence and practice of the UN and regional human rights systems.