This book grapples with the challenges inherent in an uncertain period for global human rights and explores the future of international human rights law and practice. Many Western scholars are increasingly pessimistic about the future of international human rights law. However, the contributions to this volume demonstrate that far from collapsing in the face of duress, the concept of human rights has endured despite contractions and the spectre of co-option and manipulation by the powerful. In addition, law is a malleable tool that is deployed in novel ways to promote human rights. The book illustrates that the power of human rights lies not in their essentialized transcendence of time, culture, and context but in their enduring promise that a more just world can emerge from sustained and creative struggle through, against, and at the margins of states, law, and institutions. The key questions to emerge are not whether human rights law and practice will survive, but rather what are the forces that sustain, revitalize, and transform them? And what are human rights in the process of becoming? This book will be of immense interest to those studying and researching across Politics, Human Rights, Gender and Law. It was originally published as a special issue of the Journal of Human Rights.
The Subject of Human Rights is the first book to systematically address the "human" part of "human rights." Drawing on the finest thinking in political theory, cultural studies, history, law, anthropology, and literary studies, this volume examines how human rights—as discourse, law, and practice—shape how we understand humanity and human beings. It asks how the humanness that the human rights idea seeks to protect and promote is experienced. The essays in this volume consider how human rights norms and practices affect the way we relate to ourselves, to other people, and to the nonhuman world. They investigate what kinds of institutions and actors are subjected to human rights and are charged with respecting their demands and realizing their aspirations. And they explore how human rights shape and even create the very subjects they seek to protect. Through critical reflection on these issues, The Subject of Human Rights suggests ways in which we might reimagine the relationship between human rights and subjectivity with a view to benefiting human rights and subjects alike.
"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.
History carves its imprint on human lives for generations after. When we think of the radical changes that transformed America during the twentieth century, our minds most often snap to the fifties and sixties: the Civil Rights Movement, changing gender roles, and new economic opportunities all point to a decisive turning point. But these were not the only changes that shaped our world, and in Living on the Edge, we learn that rapid social change and uncertainty also defined the lives of Americans born at the turn of the twentieth century. The changes they cultivated and witnessed affect our world as we understand it today. Drawing from the iconic longitudinal Berkeley Guidance Study, Living on the Edge reveals the hopes, struggles, and daily lives of the 1900 generation. Most surprising is how relevant and relatable the lives and experiences of this generation are today, despite the gap of a century. From the reorganization of marriage and family roles and relationships to strategies for adapting to a dramatically changing economy, the challenges faced by this earlier generation echo our own time. Living on the Edge offers an intimate glimpse into not just the history of our country, but the feelings, dreams, and fears of a generation remarkably kindred to the present day.
Critical Perspectives on Human Rights provides cutting-edge interventions into contemporary perspectives on rights, ethics and global justice. The chapters, written by leading scholars in the field, make a significant and timely contribution to critical human rights scholarship by interrogating the significance of human rights for critical theory and practice. While the contributions engage sensitively yet thoroughly with the regulatory, disciplinary, and exclusionary effects of human rights, they do so without giving up on the transformative potential of human rights. By thinking productively through the exclusions, paradoxes and aporias of human rights, Critical Perspectives on Human Rights is a key reference text for students and scholars in this important area of inquiry.
Provides a roadmap for understanding the relationship between technology and human rights law and practice. This title is also available as Open Access.
This is an accessible collection of key universal and regional human rights law treaties and other related documents. It will appeal to students studying international human rights law as well as related courses for which no similar statute book exists: international humanitarian law; law and development; and international labour law.
This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.