Human Rights Quarterly

Human Rights Quarterly
Volume 25, Number 2, May 2003


Contents

Articles

    Wright-Carozza, Paolo.
  • From Conquest to Constitutions: Retrieving a Latin American Tradition of the Idea of Human Rights
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    Subject Headings:
    • Human rights -- Latin America -- History.
    • United Nations. General Assembly. Universal Declaration of Human Rights.
    Abstract:
      The article explores the historical roots of the Latin American region's strong commitment to the idea of universal human rights, focusing on four key intellectual moments: the ethical response to the Spanish conquest; the rights ideology of the continent's liberal republican revolutions; the articulation of social and economic rights in the Mexican Constitution of 1917; and the Latin American contributions to the genesis of the Universal Declaration of Human Rights. Constructing a narrative from these examples, the article argues for the recognition of a distinct Latin American tradition within the global discourse of human rights.
    Mégret, Frédéric.
    Hoffmann, Florian.
  • The UN as a Human Rights Violator? Some Reflections on the United Nations Changing Human Rights Responsibilities
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    Subject Headings:
    • United Nations.
    • Human rights.
    • Humanitarian law.
    Abstract:
      This article attempts to explore how changes in the UN's mission may force it to rethink its responsibilities in terms of human rights. Until recently, the UN had never thought of itself as actually capable of violating human rights. But a number of evolutions have made this a possibility. Starting with peace operations and culminating with the international administration of entire territories, the UN is increasingly taking on sovereign-like functions. This evolution may be seen as a larger metaphor for what the UN is becoming, from a traditional inter-governmental organization to one increasingly entrusted with tasks of global governance. With these new powers, it would seem, come new responsibilities.
    Merry, Sally Engle, 1944-
  • Rights Talk and the Experience of Law: Implementing Women's Human Rights to Protection from Violence
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    Subject Headings:
    • Women's rights.
    • Women -- Violence against.
    Abstract:
      How does a person come to understand his or her problems in terms of rights? This is a critical problem for the battered women's movement as well as for other human rights movements that rely on rights awareness to encourage victims to seek help from the law. The adoption of a rights consciousness requires experiences with the legal system that confirm that subjectivity. Rights-defined selves emerge from supportive encounters with police, prosecutors, judges, and probation officers. This empirical study shows how victims of violence against women come to take on rights consciousness.
    Farer, Tom J.
  • The Ethics of Intervention in Self-Determination Struggles
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    Subject Headings:
    • Self-determination, National.
    • Intervention (International law) -- Moral and ethical aspects.
    • Human rights.
    Abstract:
      National self-determination claims draw their moral force in part from the qualified human right to free association, in part from the sum of cultural rights. In contemporary practice, such claims are generally made by groups imagining themselves as communities of blood. Such communities tend to draw sharp boundaries between themselves and the rest of the world. Their inherent exclusiveness places them in a morally tense relationship with the universalism that informs the universe of human rights. Reconciliation requires acceptance of limits on the nationalist group's right to privilege its members and to protect its cultural narratives. In general, self-determination claims should be processed within the framework of minority rights. It follows that the international community should support non-consensual secession only as a last resort to protect the human rights of an oppressed community.
    Santoro, Michael A.
  • Beyond Codes of Conduct and Monitoring: An Organizational Integrity Approach to Global Labor Practices
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    Subject Headings:
    • Corporations, Foreign.
    • Business ethics.
    • Employee rights.
    • Human rights.
    Abstract:
      This article analyzes the "best practices" of several companies at the leading edge of the global labor rights movement and offers guidance to companies seeking to enhance the effectiveness of their human rights programs. While leading companies still continue to devote significant resources to monitoring and compliance, the companies following the "organizational integrity" approach are exploring other initiatives designed to prevent rights violations from occurring in the first place and to enable remediation of problems which are uncovered. This article analyzes the three essential components of the organizational integrity approach: (1) Cooperation with NGOs, (2) Training and remediation programs for problems uncovered through monitoring, and (3) Integration of proactive rights-sensitive sourcing policies with overall company strategy.
    Joseph, Sarah.
  • Pharmaceutical Corporations and Access to Drugs: The "Fourth Wave" of Corporate Human Rights Scrutiny
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    Subject Headings:
    • Drugs -- Patents.
    • Pharmaceutical industry.
    • Right to health care.
    Abstract:
      Access to essential medicines is a human right which is currently compromised by the high prices charged by pharmaceutical corporations, which are facilitated by the global protection afforded to pharmaceutical patents by Trade Related Intellectual Property Rights (TRIPS). However, pharmaceutical patents are arguably justified as they promote research and development (R&D) in the industry. The arguments for and against patents are herein examined, along with the salient human rights duties of pharmaceutical companies and governments, as well as recent victories in the battle for access to essential drugs in the developing world. Alternative strategies for facilitating access to essential medicines, without compromising research and development (R&D), are put forward.
    Breen, Claire.
  • The Role of NGOs in the Formulation of and Compliance with the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict
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    Subject Headings:
    • Convention on the Rights of the Child (1989)
    • Non-governmental organizations.
    • Children's rights.
    • Child soldiers.
    Abstract:
      This paper highlights the role that NGOs may play in the drafting of human rights standards, with particular reference to the rights of the child regarding children in armed conflict. The travaux preparatoires of the Optional Protocol on Children in Armed Conflict illustrate the role played by NGOs in that process. The drafting of Article 38 of the Convention may have initially been a great disappointment for NGOs, they were subsequently accorded a second shot at drafting appropriate rules combining international humanitarian law with that of the rights of the child—the outcome being the Optional Protocol.
    Dicklitch, Susan, 1966-
    Lwanga, Doreen.
  • The Politics of Being Non-Political: Human Rights Organizations and the Creation of a Positive Human Rights Culture in Uganda
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    Subject Headings:
    • Non-governmental organizations -- Uganda.
    • Human rights -- Uganda.
    Abstract:
      This article focuses on what role human rights organizations (HROs) actually play in the development of a rights-protective regime and a rights-respective society in Uganda, given structural, internal, and regime limitations. We argue that Uganda HROs are significantly limited in their ability to help create a positive human rights culture in Uganda by historical/structural legacies that have created a culture of political apathy and fear amongst the general population. Regime repression of vocal "political" non-state actors and foreign donor-implicit acceptance of regime human rights transgressions in light of neo-liberal economic reforms reinforce this fear and political apathy. Ugandan HROs, not willing to risk state repression or lose foreign aid, thus resort to non-contentious human rights issues that do not engage the regime or test the resolve or interest of society to demand for human rights for all.
    Neumayer, Eric, 1970-
  • Is Respect for Human Rights Rewarded? An Analysis of Total Bilateral and Multilateral Aid Flows
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    Subject Headings:
    • Economic assistance.
    • Human rights.
    Abstract:
      Donors frequently claim that a country's record on human rights plays a role in the decision whether it receives aid and if so, how much. This study of total bilateral and multilateral aid flows finds that human rights play at best a rather limited role in the allocation of aid. Aspects of human rights are often statistically insignificant and even when they are significant, they are not very important as a determinant of aid allocation. Furthermore, the situation has not much improved after the end of the Cold War. Only for multilateral aid is there some indication that respect for human rights has played a greater role.

Book Reviews

    Johnson, Kevin R.
    Burrows, Kristina L.
  • Struck by Lightning? Interracial Intimacy and Racial Justice
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    Subject Headings:
    • Moran, Rachel F. Interracial intimacy: the regulation of race and romance.
    • Miscegenation -- Law and legislation -- United States -- History.



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