news-from-human-rights-watch-no1d-the-other-face-of-the-canary-islands-rights-violations-against-migrants-and-asylum-seekers-february-2002-37-pp

2019 ◽  
Vol 26 (3) ◽  
pp. 93-118
Author(s):  
Jovana Bogićević

From January 2018 until late July of the same year, I had an opportunity to participate in the Human Rights and Migration Law Clinic (hereafter HRMLC or ’the Clinic’) in Torino, where I got a chance to experience working with the asylum seekers, interviewing them, writing their Legal Memo as well as preparing them for the hearing in front of the Territorial Commission (Italian First Board Commissions). An important aspect of the Clinic in question is the fact that it is conducted in cooperation with the Department of Anthropology and it involves anthropology students in the work with the asylum seekers. From the very beginning, it was apparent to me why they have opted for the involvement of anthropologists. I was surprised to see how much anthropological training in recognizing and being aware of Eurocentric (or any other kind of) presuppositions can be useful in recognizing and understanding cultural misunderstandings that happen on a daily basis in the asylum claiming process, as it is now in Italy. Even so, the idea for this paper became clear to me only when I attended the first meeting anthropology students had with their supervisor, Professor Beneduce. The feedback students gave to their professor and in turn, his observations made me inspired to write the paper that is before you.


2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization


2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.


2010 ◽  
Vol 27 (3) ◽  
pp. 1-23 ◽  
Author(s):  
Marie-Luisa Frick

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”


Author(s):  
E. Tendayi Achiume

This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is a state that results when a legal decision contradicts or undermines deeply held norms that a given society or community forms on the basis of its social, political, and economic history. Sociopolitical resonance, on the other hand, describes the quality of affirming or according with a given society's norms as informed by its sociopolitical history.


Author(s):  
Dolores Morondo Taramundi

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.


2021 ◽  
pp. 1-26
Author(s):  
CHRISTOPHER VIALS

American studies has developed excellent critiques of post-1945 imperial modes that are grounded in human rights and Enlightenment liberalism. But to fully gauge US violence in the twenty-first century, we also need to more closely consider antiliberal cultural logics. This essay traces an emergent mode of white nationalist militarism that it calls Identitarian war. It consists, on the one hand, of a formal ideology informed by Identitarian ethno-pluralism and Carl Schmitt, and, on the other, an openly violent white male “structure of feeling” embodied by the film and graphic novel 300, a key source text for the transatlantic far right.


Philosophies ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 5
Author(s):  
S. J. Blodgett-Ford

The phenomenon and ethics of “voting” will be explored in the context of human enhancements. “Voting” will be examined for enhanced humans with moderate and extreme enhancements. Existing patterns of discrimination in voting around the globe could continue substantially “as is” for those with moderate enhancements. For extreme enhancements, voting rights could be challenged if the very humanity of the enhanced was in doubt. Humans who were not enhanced could also be disenfranchised if certain enhancements become prevalent. Voting will be examined using a theory of engagement articulated by Professor Sophie Loidolt that emphasizes the importance of legitimization and justification by “facing the appeal of the other” to determine what is “right” from a phenomenological first-person perspective. Seeking inspiration from the Universal Declaration of Human Rights (UDHR) of 1948, voting rights and responsibilities will be re-framed from a foundational working hypothesis that all enhanced and non-enhanced humans should have a right to vote directly. Representative voting will be considered as an admittedly imperfect alternative or additional option. The framework in which voting occurs, as well as the processes, temporal cadence, and role of voting, requires the participation from as diverse a group of humans as possible. Voting rights delivered by fiat to enhanced or non-enhanced humans who were excluded from participation in the design and ratification of the governance structure is not legitimate. Applying and extending Loidolt’s framework, we must recognize the urgency that demands the impossible, with openness to that universality in progress (or universality to come) that keeps being constituted from the outside.


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