What Isn't a Norm? Redefining the Conceptual Boundaries of “Norms” in the Human Rights Literature

2019 ◽  
Vol 22 (3) ◽  
pp. 693-711 ◽  
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
Social Fabric ◽  
Moral Principles ◽  
Conceptual Clarity ◽  
Distinct Concept ◽  
Human Rights Advocacy ◽  
The Difference

Abstract What makes the “norm” a distinct concept? How do norms differ from other aspects of the moral and social fabric of society? In this article I argue that imposing stricter boundaries on the norm concept could have significant analytical payoffs, especially in the human rights literature. Greater conceptual clarity on the boundaries of the norm concept highlights three important distinctions: the difference between norms and moral principles, norms and supererogatory standards, and norms and formal law. Clarifying what a norm is (and, importantly, what it is not) improves our analytic equipment and theories, but the inquiry is not purely a theoretical exercise. Clarifying the norm concept enables us to ask new questions about, and rethink old findings on issues like the role of shaming in human rights advocacy, the origins of norms and challenges to their construction, what constitutes evidence of the existence of a norm, and whether, in fact, all human rights have been translated into norms.

scholarly journals Role of Armed Police Force, Nepal to Protect and Promotion of Human Rights

2021 ◽  
Vol 4 (1) ◽  
pp. 120-130
Author(s):  
Surya Prasad Timilsena
Keyword(s):  
Human Rights ◽  
Criminal Activity ◽  
Armed Forces ◽  
Fundamental Rights ◽  
Police Force ◽  
Police Services ◽  
Moral Principles ◽  
The Individual ◽  
Human Rights Violation

 The present article reveals the role and policy of Armed Police Force Nepal in safeguarding human rights. One of the primary missions of the APF Nepal is to protect the citizens from criminal activity and criminal elements and to maintain public order. This duty includes protecting the rights of every citizen. Armed forces have the duty to protect the individual human rights of every person they encounter. This is an affirmative duty, meaning the police services cannot knowingly ignore or intentionally fail to act when a human rights violation is observed. The Armed Police Force has mandated tasks related to protection, promotion, respect and fulfillment of human rights from various aspects. The research has reached in conclusion: Human rights are moral principles or norms that describe certain standards of human behavior and are regularly protected as a legal right in municipal and international law. They are commonly understood as inalienable, universal and indivisible fundamental rights to which a person is inherently entitled simply because she or he is a human being. To achieve this objective APF Nepal has adopted zero tolerance in Human Rights violations and following national and international human rights instrument that have been adopted by Nepal.

icct Report, December 2016: Foreign Terrorist Fighters

2016 ◽  
Vol 27 (1-2) ◽  
pp. 148-186
Author(s):  
Tanya Mehra
Keyword(s):  
Human Rights ◽  
Multidisciplinary Approach ◽  
Local Level ◽  
Terrorist Attacks ◽  
Potential Threat ◽  
Policy Responses ◽  
Current Trends ◽  
The Difference ◽  
Rehabilitative Measures

This article is based on a paper which was developed for the Global Counterterrorism Forum’s Foreign Terrorist Fighters (ftf) Working Group. It takes stock of the current trends and dynamics related to the ftf phenomenon and identifies some of the gaps that still need to be addressed. The distinction between home-grown terrorists and (returning) ftfs is fading, the difference between isil/Da’esh inspired or directed terrorist attacks is becoming more fluid and the nexus between terrorism and crime is more prominent, which clearly indicates that terrorism can manifest itself in many different ways. The involvement of returning ftfs in some terrorist attacks is a stark reminder of the potential threat returning ftfs pose. The data also indicates a demographic change with a more prominent role of female ftfs and children being recruited and used in hostilities or involved in terrorist attacks. The current trends underline the need for a comprehensive, tailored and multidisciplinary approach including the involvement of stakeholders at the local level to adequately address the evolving aspects of the ftf phenomenon. This paper provides a short overview of policy responses which can broadly be grouped into preventive, criminal, administrative and rehabilitative measures. The ftf related responses could have several human rights implications and states are encouraged to develop a comprehensive approach to address the ftf phenomenon in full respect of human rights.

scholarly journals Epistemic and ethical responsibility during the pandemic

2021 ◽  
Vol 11 (3-4) ◽  
pp. 117-125
Author(s):  
Andrea Klimková
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Moral Philosophy ◽  
Ethical Responsibility ◽  
Policy Makers ◽  
Moral Principles ◽  
Policy Responses ◽  
Actual Content ◽  
Political Decisions

Abstract Intellectual (specialised) knowledge is omnipresent in human lives and decisions. We are constantly trying to make good and correct decisions. However, responsible decision-making is characterised by rather difficult epistemic conditions. It applies all the more during the pandemic when decisions require not only specialised knowledge in a number of disciplines, scientific consensus, and participants from different fields, but also responsibility and respect for moral principles in order to ensure that the human rights of all groups are observed. Pandemic measures are created by politicians, healthcare policy-makers, and epidemiologists. However, what is the role of ethics as a moral philosophy and experts in ethics? Experts in ethics and philosophy are carefully scrutinising political decisions. Levy and Savulescu (2020) have claimed that Ethicists and philosophers are not epistemically arrogant if they question policy responses. They played an important role in the creation of a reliable consensus. This study analyses epistemic and moral responsibility, their similarities, analogies, and differences. Are they interconnected? What is their relationship and how can they be filled with actual content during the pandemic?

scholarly journals Between Hope and Despair: Progress and Resilience in the Inter-American Human Rights System

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 370-374
Author(s):  
Par Engstrom
Keyword(s):  
Human Rights ◽  
Right Wing ◽  
Ground Zero ◽  
International Courts ◽  
Major Powers ◽  
The Third ◽  
Region I ◽  
Human Rights Advocacy ◽  
End Times

The inter-American human rights system (IAS) faces a region that has turned distinctly hostile to human rights. For many, the ongoing crisis in Venezuela is ground zero, demonstrating the ineffectiveness of international human rights when confronted with an entrenched regime supported by major powers such as Russia and China. In this multipolar world, reinforced by a transactional and antiliberal U.S. foreign policy, human rights concerns seem to have little salience. Moreover, the regional Right-wing trend and the so-called populist resurgence underpin a political vision in the Americas that is distinctly antirights. And to make matters worse, some argue, we are anyway in the end-times of human rights—the age of international courts and liberal cosmopolitanism is over. While recognizing that these overlapping political trends pose clear challenges to the IAS, this essay offers a more cool-headed analysis to suggest that the system's future is likely to be less apocalyptic than the doomsayers predict. The first part of the essay takes a sober look at the multiple political challenges facing the IAS today and their implications for human rights advocacy. In the second part, against the background of the inhospitable conditions facing human rights activists in the region, I highlight the role of civil-society actors in strengthening and embedding the IAS. As it is precisely the regional embeddedness of the IAS on which the system's future hinges, the third part highlights the need not only to defend progress, but also to strengthen resilience.

Advocacy and Teacher Mentoring

2018 ◽  
pp. 65-87
Author(s):  
Georgios A. Kougioumtzis ◽  
Dimitra Louka
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Teacher Training ◽  
Prospective Teachers ◽  
Mentoring Programs ◽  
Teacher Mentoring ◽  
University Departments ◽  
Human Rights Advocacy ◽  
The Subject

Undoubtedly, key parameters in reinforcing the role of the teacher are guidance and his empowerment at the early stages of his training as a teacher. This chapter discusses the interconnection of advocacy with teacher mentoring programs, so that teachers may develop the relevant advocacy skills in order to act as defenders of equality and social justice. Moreover, specific aspects which are developed are the investigation of the concept of advocacy and social justice, the need for teachers to develop advocacy skills, the role of the mentor and the presentation of basic counseling models. Also, participatory advocacy practices, recruitment of mentors and the conception of a development plan of a wider program of advocacy, as well as advocacy models and the involvement of pupils themselves in all human rights advocacy processes are presented. Finally, the necessity for individual University Departments of Teacher Training to integrate the subject of advocacy in their curricula and provide prospective teachers with practice in this field are highlighted.

14. The Role of the Courts, Judicial Review, and Human Rights

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Executive Power ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Complete Series ◽  
Explanatory Text ◽  
The Difference

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The court is tasked with checking the legality of government action, which is mainly done through the process known as judicial review. Judicial review is a special form of court process that calls the executive to account for its exercise of power. This chapter discusses the history of judicial review; the grounds of review; the judicial review of delegated legislation; judicial review and the constitution; the difference between judicial review and appeal; the role of the courts and the Human Rights Act 1998; the judicial review procedure; and the extent to which judicial review can act as a check on executive power.

scholarly journals The Role of History and Akhlāq in Reconciliation Between Jurisprudence And Modernity

Jurnal Fiqh ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 241-260
Author(s):  
Meysam Kohantorabi
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Historical Context ◽  
Basic Principles ◽  
Islamic Ethics ◽  
Library Resources ◽  
The Difference

After the advent of modernity and its spread in Islamic societies, challenges arose for Muslims. At first glance, these challenges indicated the conflict between modernity and religion in general and jurisprudence in particular. For this reason, some Muslims have strongly rejected modernity, calling it the destruction of religion. Some also have abandoned religion and solely followed modernity. The purpose of this article is to provide a way to resolve differences and reconciliation between jurisprudence and modernity so that Muslims can benefit from the achievements of modernity while maintaining the basic principles of religion. To achieve this goal, jurisprudential sources were examined and jurisprudential fatwas that conflicted with modern laws were extracted. The research method in this article is based on library resources and has been criticized descriptively and analytically. To clarify the issue, examples of jurisprudential fatwas have been proposed. It should be noted that these are not all fatwas and are just examples because the purpose of this article is to provide a solution to resolve the conflict or reduce the difference between jurisprudence and modernity. In some cases, the communities that have implemented the fatwa have also been mentioned. After examining the origin of these fatwas, it became clear that some of them were related to specific circumstances and specific times, and others conflicted with the basic principles of ethics. Therefore, the finding of this article is that there are two basic strategies to resolve or reduce this conflict; firstly, the jurisprudential fatwa should be adapted to the principles of Islamic ethics; and secondly, the historical context of the issuance of the fatwa should be considered. This leads us to the conclusion that some fatwas can only be implemented in certain circumstances and can be revised today due to the change in those circumstances. By applying these two strategies, it is possible to reconcile to a large extent between jurisprudence and that part of the achievements of modernity that are compatible with human rights and dignity.

scholarly journals Information and Communication Technology Integration on Human Rights Advocacy

2021 ◽  
Vol 12 (2) ◽  
pp. 2729-2732
Author(s):  
Dr.K.M. Ashifa
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Communication Technology ◽  
Public Attention ◽  
Human Rights Movement ◽  
Human Rights Advocacy ◽  
Information And Communication ◽  
Use Of Social Media ◽  
A Current

The inalienable human rights codifications form the basis of human progress.  “The goal of this document is to resolve a current and significant problem regarding the convergence of human rights advocacy and the role of ICTs. It will promote efforts to advocate, educate and communicate with others, including media and political stakeholders within and outside the human rights world”[3]. The use of social media can consciously trigger the human rights movement and can also add to their outrage. Any public member or a human rights organisation sends the post, it is reasonably straightforward to explicitly concentrate public attention on social media. The present investigationtried to assess integration of online environment for human rights advocacy.

5. Impartiality and independence

2021 ◽  
pp. 170-204
Author(s):  
Timothy Endicott
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Civil Rights ◽  
Public Administration ◽  
Due Process ◽  
European Convention ◽  
The Difference ◽  
Compound Decision ◽  
Judicial Bias

This chapter examines the role of impartiality and independence in public administration. The topics that are discussed include judicial bias, administrative bias, waiver, determining civil rights, compound decision making, and the value of independence, with an explanation of the requirement of an independent tribunal in Art 6 of the European Convention on Human Rights. The chapter also explains the difference between bias (which is unlawful) and a lack of impartiality (which may be lawful), and explains when bias will be presumed. Bias is presented as both a lack of due process and as a flaw in the substance of a decision maker’s reasoning.

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