Laura Lundy and Lesley McEvoy
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0006
- Subject:
- Law, Family Law, Human Rights and Immigration
This chapter adds to the discussion about the relationship between the United Nations Convention on the Rights of the Child and childhood research by exploring what the application of a ‘human ...
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This chapter adds to the discussion about the relationship between the United Nations Convention on the Rights of the Child and childhood research by exploring what the application of a ‘human rights-based approach’, as commonly understood in the international human rights community, would mean if implemented systematically in the context of research with children. The implications of this are explored in relation to the three key chronological research stages: framing, conducting, and disseminating children's rights-based research. However, before drawing out the features of such research, it is necessary to define first what it is we understand by the term ‘rights-based’.Less
This chapter adds to the discussion about the relationship between the United Nations Convention on the Rights of the Child and childhood research by exploring what the application of a ‘human rights-based approach’, as commonly understood in the international human rights community, would mean if implemented systematically in the context of research with children. The implications of this are explored in relation to the three key chronological research stages: framing, conducting, and disseminating children's rights-based research. However, before drawing out the features of such research, it is necessary to define first what it is we understand by the term ‘rights-based’.
John Tobin
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0005
- Subject:
- Law, Family Law, Human Rights and Immigration
This chapter explores what is meant by a new way of judicial thinking in which children are conceived of as independent subjects with rights and entitlements as opposed to mere objects in need of ...
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This chapter explores what is meant by a new way of judicial thinking in which children are conceived of as independent subjects with rights and entitlements as opposed to mere objects in need of protection and charity. It consists of four parts. Part 5.1 provides an overview of the ways in which courts have constructed childhood over time. It suggests that three broad models have emerged — a proprietary approach, a welfare approach, and more recently a rights-based approach. Part 5.2 details the features of this newest way of thinking about children and Part 5.3 provides an overview of the ways in which courts engage with this model. It is argued that courts' engagement with a rights-based approach can be classified along a spectrum that ranges from the non-existent (or invisible) to the substantive with a range of approaches between these extremes. Finally, Part 5.4 identifies the legal, institutional, and social factors that influence the extent to which courts engage with this new way of thinking whereby children are conceived of as rights holders. It argues that we are on the verge of a new epoch in which the construction of childhood by courts will increasingly be viewed through the prism of rights.Less
This chapter explores what is meant by a new way of judicial thinking in which children are conceived of as independent subjects with rights and entitlements as opposed to mere objects in need of protection and charity. It consists of four parts. Part 5.1 provides an overview of the ways in which courts have constructed childhood over time. It suggests that three broad models have emerged — a proprietary approach, a welfare approach, and more recently a rights-based approach. Part 5.2 details the features of this newest way of thinking about children and Part 5.3 provides an overview of the ways in which courts engage with this model. It is argued that courts' engagement with a rights-based approach can be classified along a spectrum that ranges from the non-existent (or invisible) to the substantive with a range of approaches between these extremes. Finally, Part 5.4 identifies the legal, institutional, and social factors that influence the extent to which courts engage with this new way of thinking whereby children are conceived of as rights holders. It argues that we are on the verge of a new epoch in which the construction of childhood by courts will increasingly be viewed through the prism of rights.
Simon Caney
- Published in print:
- 2005
- Published Online:
- April 2005
- ISBN:
- 9780198293507
- eISBN:
- 9780191602337
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829350X.003.0006
- Subject:
- Political Science, Political Theory
The aim of this chapter is to analyse a number of prominent views concerning the nature of a just war and, having criticized them, to outline the account of a just war that follows from a ...
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The aim of this chapter is to analyse a number of prominent views concerning the nature of a just war and, having criticized them, to outline the account of a just war that follows from a cosmopolitan perspective. It explores different philosophical approaches at a general level, analysing their accounts of when war may be waged (jus ad bellum) and how it may be waged (jus in bello). To do this it begins, in Section I, with some methodological observations, and then, in the next three sections (II–IV), examines several leading perspectives on the nature of just war: Sections II and III explore Michael Walzer’s influential treatment of this subject in Just and Unjust Wars (1977), criticizing in particular his account of jus ad bellum and his derivation of rules of jus in bello; Section IV analyses Terry Nardin’s state-centric account of just war in Law, Morality and the Relations of States (1983). The following four sections (V–VIII) turn to more cosmopolitan perspectives: Section V outlines the general structure of a cosmopolitan theory of just war; Sections VI and VII examine particular cosmopolitan accounts of some aspects of just war, analysing utilitarian and deontological approaches; and Section VIII criticizes the utilitarian and deontological accounts given in the previous two sections, outlining an alternative cosmopolitan rights-based approach that avoids the objections levelled against these two theories. Sections IX–XI analyse realist misgivings about both traditional and cosmopolitan conceptions of jus ad bellum (IX) and jus in bello (X); and Section XI summarizes and concludes.Less
The aim of this chapter is to analyse a number of prominent views concerning the nature of a just war and, having criticized them, to outline the account of a just war that follows from a cosmopolitan perspective. It explores different philosophical approaches at a general level, analysing their accounts of when war may be waged (jus ad bellum) and how it may be waged (jus in bello). To do this it begins, in Section I, with some methodological observations, and then, in the next three sections (II–IV), examines several leading perspectives on the nature of just war: Sections II and III explore Michael Walzer’s influential treatment of this subject in Just and Unjust Wars (1977), criticizing in particular his account of jus ad bellum and his derivation of rules of jus in bello; Section IV analyses Terry Nardin’s state-centric account of just war in Law, Morality and the Relations of States (1983). The following four sections (V–VIII) turn to more cosmopolitan perspectives: Section V outlines the general structure of a cosmopolitan theory of just war; Sections VI and VII examine particular cosmopolitan accounts of some aspects of just war, analysing utilitarian and deontological approaches; and Section VIII criticizes the utilitarian and deontological accounts given in the previous two sections, outlining an alternative cosmopolitan rights-based approach that avoids the objections levelled against these two theories. Sections IX–XI analyse realist misgivings about both traditional and cosmopolitan conceptions of jus ad bellum (IX) and jus in bello (X); and Section XI summarizes and concludes.
JENNIFER KNAPP and JAMES MIDGLEY
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199732326
- eISBN:
- 9780199863471
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199732326.003.0005
- Subject:
- Social Work, Social Policy, Communities and Organizations
This chapter discusses what has been called the rights-based, developmental approach to social work with people with disabilities. Drawing on social development ideas, the chapter focuses on the ...
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This chapter discusses what has been called the rights-based, developmental approach to social work with people with disabilities. Drawing on social development ideas, the chapter focuses on the campaigns of the disability rights movement to normalize the lives of people with disabilities and to ensure their integration into economic, cultural and political activities. It emphasizes three aspects of the right based developmental approach, namely: the emergence and institutionalization of disability rights; the mainstreaming of people with disabilities into community living; and finally their engagement in the productive economy. Referring to statistical data and case examples, it shows that much more needs to be done to implement the rights based developmental approach. In addition, outmoded “expert” and medical approaches still exert considerable influence and need to be challenged.Less
This chapter discusses what has been called the rights-based, developmental approach to social work with people with disabilities. Drawing on social development ideas, the chapter focuses on the campaigns of the disability rights movement to normalize the lives of people with disabilities and to ensure their integration into economic, cultural and political activities. It emphasizes three aspects of the right based developmental approach, namely: the emergence and institutionalization of disability rights; the mainstreaming of people with disabilities into community living; and finally their engagement in the productive economy. Referring to statistical data and case examples, it shows that much more needs to be done to implement the rights based developmental approach. In addition, outmoded “expert” and medical approaches still exert considerable influence and need to be challenged.
Jane Kotzmann
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780190863494
- eISBN:
- 9780190863524
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190863494.003.0003
- Subject:
- Law, Human Rights and Immigration
This chapter explores two general theoretical models that are used to frame higher education policy. Under the market-based approach to higher education teaching and learning, higher education is ...
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This chapter explores two general theoretical models that are used to frame higher education policy. Under the market-based approach to higher education teaching and learning, higher education is provided through the free market. This approach is based on the principles of competition, privitisation, and absence of government intervention. In contrast, a human rights-based approach to higher education seeks to translate the human right to higher education and operationalise it. The principles of a human rights-based approach include integration and mainstreaming of human rights norms, accountability, non-discrimination and equality, participation, dignity, interdependence and indivisibility, and cultural sensitivity. The chapter evaluates the theoretical effectiveness of these two models.Less
This chapter explores two general theoretical models that are used to frame higher education policy. Under the market-based approach to higher education teaching and learning, higher education is provided through the free market. This approach is based on the principles of competition, privitisation, and absence of government intervention. In contrast, a human rights-based approach to higher education seeks to translate the human right to higher education and operationalise it. The principles of a human rights-based approach include integration and mainstreaming of human rights norms, accountability, non-discrimination and equality, participation, dignity, interdependence and indivisibility, and cultural sensitivity. The chapter evaluates the theoretical effectiveness of these two models.
Sakiko Fukuda‐Parr
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199239979
- eISBN:
- 9780191716874
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239979.003.0006
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter uses Sen's capability approach to explore whether there are inherent contradictions between human rights and development. The ‘human rights based approach’ has gained momentum yet many ...
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This chapter uses Sen's capability approach to explore whether there are inherent contradictions between human rights and development. The ‘human rights based approach’ has gained momentum yet many development practitioners and economists remain skeptical. The chapter reviews diverse critiques of the approach and assesses its application in government policy by reviewing Poverty Reduction Strategy Papers for fifty-five countries. It finds that only a few governments have incorporated the approach in policy priorities and concludes that the obstacles to further implementation do not lie with inherent contradictions between human rights principles and development, but with gaps in practical methods and tools. In particular, the absolutist interpretation of the principle of indivisibility is a major obstacle, and more work is needed to analyse norms of human rights that relate to the duty bearer to promote human rights in development in economic, social, and governance policies.Less
This chapter uses Sen's capability approach to explore whether there are inherent contradictions between human rights and development. The ‘human rights based approach’ has gained momentum yet many development practitioners and economists remain skeptical. The chapter reviews diverse critiques of the approach and assesses its application in government policy by reviewing Poverty Reduction Strategy Papers for fifty-five countries. It finds that only a few governments have incorporated the approach in policy priorities and concludes that the obstacles to further implementation do not lie with inherent contradictions between human rights principles and development, but with gaps in practical methods and tools. In particular, the absolutist interpretation of the principle of indivisibility is a major obstacle, and more work is needed to analyse norms of human rights that relate to the duty bearer to promote human rights in development in economic, social, and governance policies.
David L. Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international ...
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This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international law, as well as a theoretical analysis of whether political genocide should be recognized as a separate crime by the international community. The book analyses whether a stand-alone crime of political genocide should be recognized under international law. It begins by examining the historical development of genocide and critically assessing the unique requirements of the crime. It then demonstrates that other international offences—notably crimes against humanity and war crimes—are not workable substitutes for a specific offence that protects political groups. This is followed by an analytical study of the protection of human groups under international law. The book proposes a new theory that links the protection of groups to individual rights of a certain character that give rise to the group's existence. It then applies this ‘rights-based approach’ in evaluating whether political groups are legitimate candidates for specific protection from physical and biological destruction ‘as such’. The writing includes an analysis of state practice and opinio juris on the treatment of political groups. It empirically refutes claims that political groups are protected already from genocide by virtue of post-Convention developments in customary international law. In response to this legal reality, however, the book analyses the theoretical and public policy justifications for international criminal law and demonstrates that the international community would be well served by creating a separate international crime to address political genocide.Less
This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international law, as well as a theoretical analysis of whether political genocide should be recognized as a separate crime by the international community. The book analyses whether a stand-alone crime of political genocide should be recognized under international law. It begins by examining the historical development of genocide and critically assessing the unique requirements of the crime. It then demonstrates that other international offences—notably crimes against humanity and war crimes—are not workable substitutes for a specific offence that protects political groups. This is followed by an analytical study of the protection of human groups under international law. The book proposes a new theory that links the protection of groups to individual rights of a certain character that give rise to the group's existence. It then applies this ‘rights-based approach’ in evaluating whether political groups are legitimate candidates for specific protection from physical and biological destruction ‘as such’. The writing includes an analysis of state practice and opinio juris on the treatment of political groups. It empirically refutes claims that political groups are protected already from genocide by virtue of post-Convention developments in customary international law. In response to this legal reality, however, the book analyses the theoretical and public policy justifications for international criminal law and demonstrates that the international community would be well served by creating a separate international crime to address political genocide.
Judith Healy and Martin McKee
- Published in print:
- 2004
- Published Online:
- September 2009
- ISBN:
- 9780198516187
- eISBN:
- 9780191723681
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198516187.003.0004
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
Disabled people have a major stake in health services, often as regular users, although the experience of many is that disability can be caused not just by their impairment, but by societal barriers ...
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Disabled people have a major stake in health services, often as regular users, although the experience of many is that disability can be caused not just by their impairment, but by societal barriers and attitudes. Social attitudes during the 20th century to people with disabilities have moved through containment, victims deserving of compensation, a medical approach, to a rights-based approach. The history of societal marginalization of people with disabilities produced a ‘normalization’ push, since separate services, particularly within a medical model, were regarded as stigmatising. Whether people are better served by integrated or specialist care, however, depends upon the person and their particular impairment. The entitlement of disabled people to appropriate health care is based on rights supported in law, and professionals should reflect this view and become more knowledgeable about the health needs of disabled people.Less
Disabled people have a major stake in health services, often as regular users, although the experience of many is that disability can be caused not just by their impairment, but by societal barriers and attitudes. Social attitudes during the 20th century to people with disabilities have moved through containment, victims deserving of compensation, a medical approach, to a rights-based approach. The history of societal marginalization of people with disabilities produced a ‘normalization’ push, since separate services, particularly within a medical model, were regarded as stigmatising. Whether people are better served by integrated or specialist care, however, depends upon the person and their particular impairment. The entitlement of disabled people to appropriate health care is based on rights supported in law, and professionals should reflect this view and become more knowledgeable about the health needs of disabled people.
Dr. David Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.003.0005
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter analyses whether political groups merit equal treatment to the four groups enumerated in the Genocide Convention. It first discusses what human ‘groups’ really are and the inherent ...
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This chapter analyses whether political groups merit equal treatment to the four groups enumerated in the Genocide Convention. It first discusses what human ‘groups’ really are and the inherent difficulties of defining them for legal and social purposes. It details the linkages and interactions between international law and broader understandings of human groups as social collectives. It then proposes a new theoretical understanding of genocide as a rights-based offence. This theory links the legal protection of groups to certain individual rights of a collective nature that give rise to the group's existence in this context. This sets the stage for the subsequent analysis demonstrating that political collectives have many similar characteristics to the existing four groups, such that they likewise deserve specific protection from physical and biological destruction ‘as such’ through a separate crime of political genocide.Less
This chapter analyses whether political groups merit equal treatment to the four groups enumerated in the Genocide Convention. It first discusses what human ‘groups’ really are and the inherent difficulties of defining them for legal and social purposes. It details the linkages and interactions between international law and broader understandings of human groups as social collectives. It then proposes a new theoretical understanding of genocide as a rights-based offence. This theory links the legal protection of groups to certain individual rights of a collective nature that give rise to the group's existence in this context. This sets the stage for the subsequent analysis demonstrating that political collectives have many similar characteristics to the existing four groups, such that they likewise deserve specific protection from physical and biological destruction ‘as such’ through a separate crime of political genocide.
Jane Kotzmann
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780190863494
- eISBN:
- 9780190863524
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190863494.001.0001
- Subject:
- Law, Human Rights and Immigration
A human right to higher education was included in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which came into force in 1976. Yet the world has changed significantly ...
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A human right to higher education was included in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which came into force in 1976. Yet the world has changed significantly since it was drafted. State legislation and policies have generally followed a neo-liberal trajectory, shifting the perception of higher education from being a public good to being a commodity. This model has been criticised, particularly because it generally reinforces social inequality. At the same time, attaining higher education has become more important than ever. Higher education is a prerequisite for many jobs, and those who have attained higher education enjoy improved life circumstances. This book seeks to determine whether there is still a place for the human right to higher education in the current international context. In seeking to answer this question, this book compares and contrasts two general theoretical models that are used to frame higher education policy: the market-based approach and the human rights-based approach. In doing so, it seeks to contribute to an understanding of the likely effectiveness of market-based versus human rights-based approaches to higher education provision in terms of teaching and learning. This understanding should enable the development of more considered, sophisticated and ultimately successful higher education policies. This book contends that a human rights-based approach to higher education policy is more likely to enable the achievement of higher education purposes than a market-based approach. In reaching this conclusion, the book identifies some strategic considerations of relevance for advocates of a human rights-based approach in this context.Less
A human right to higher education was included in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which came into force in 1976. Yet the world has changed significantly since it was drafted. State legislation and policies have generally followed a neo-liberal trajectory, shifting the perception of higher education from being a public good to being a commodity. This model has been criticised, particularly because it generally reinforces social inequality. At the same time, attaining higher education has become more important than ever. Higher education is a prerequisite for many jobs, and those who have attained higher education enjoy improved life circumstances. This book seeks to determine whether there is still a place for the human right to higher education in the current international context. In seeking to answer this question, this book compares and contrasts two general theoretical models that are used to frame higher education policy: the market-based approach and the human rights-based approach. In doing so, it seeks to contribute to an understanding of the likely effectiveness of market-based versus human rights-based approaches to higher education provision in terms of teaching and learning. This understanding should enable the development of more considered, sophisticated and ultimately successful higher education policies. This book contends that a human rights-based approach to higher education policy is more likely to enable the achievement of higher education purposes than a market-based approach. In reaching this conclusion, the book identifies some strategic considerations of relevance for advocates of a human rights-based approach in this context.
Joel E. Oestreich
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780190637347
- eISBN:
- 9780190637378
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190637347.003.0001
- Subject:
- Political Science, International Relations and Politics, Democratization
This chapter sets up the two key questions for the book: How does a rights-based approach to development change the way UN agencies pursue their development agenda? And, how does the pursuit of human ...
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This chapter sets up the two key questions for the book: How does a rights-based approach to development change the way UN agencies pursue their development agenda? And, how does the pursuit of human rights politicize the work of UN agencies. It considers whether the move to rights-based development is meaningful or only a rhetorical repackaging of older work. The chapter places its contribution in the context of modern theories of how international organizations define and pursue their agendas. It also explains the distinction between civil and political rights, and economic, social, and cultural rights. It defends a focus on the former set, since these are the more “controversial” rights on the UN’s agenda, given their inherently political nature.Less
This chapter sets up the two key questions for the book: How does a rights-based approach to development change the way UN agencies pursue their development agenda? And, how does the pursuit of human rights politicize the work of UN agencies. It considers whether the move to rights-based development is meaningful or only a rhetorical repackaging of older work. The chapter places its contribution in the context of modern theories of how international organizations define and pursue their agendas. It also explains the distinction between civil and political rights, and economic, social, and cultural rights. It defends a focus on the former set, since these are the more “controversial” rights on the UN’s agenda, given their inherently political nature.
Azadeh Chalabi
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198822844
- eISBN:
- 9780191861291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198822844.003.0003
- Subject:
- Law, Public International Law
Part I, ‘Theoretical Perspectives’, which is structured in two chapters (Chapters 1 and 2), develops a new general theory of human rights planning including four sub-theories. The first sub-theory, ...
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Part I, ‘Theoretical Perspectives’, which is structured in two chapters (Chapters 1 and 2), develops a new general theory of human rights planning including four sub-theories. The first sub-theory, contextual theory, is presented in Chapter 1. Chapter 2 is dedicated to the other three sub-theories. The first two sections propose the substantive and procedural sub-theories of human rights planning. Whereas the substantive theory of human rights planning provides the knowledge base to inform the content of planning, procedural sub-theory offers procedural principles for the formation, implementation, and assessment of human rights planning. The last section of Chapter 2 builds up a new analytical sub-theory of human rights planning through positive critique of the three major theories of rights, namely the interest theory, the need-based approach, and the capability approach. This analytical theory performs an heuristic role for human rights planning.Less
Part I, ‘Theoretical Perspectives’, which is structured in two chapters (Chapters 1 and 2), develops a new general theory of human rights planning including four sub-theories. The first sub-theory, contextual theory, is presented in Chapter 1. Chapter 2 is dedicated to the other three sub-theories. The first two sections propose the substantive and procedural sub-theories of human rights planning. Whereas the substantive theory of human rights planning provides the knowledge base to inform the content of planning, procedural sub-theory offers procedural principles for the formation, implementation, and assessment of human rights planning. The last section of Chapter 2 builds up a new analytical sub-theory of human rights planning through positive critique of the three major theories of rights, namely the interest theory, the need-based approach, and the capability approach. This analytical theory performs an heuristic role for human rights planning.
John Kemm, Jayne Parry, and Stephen Palmer
- Published in print:
- 2004
- Published Online:
- September 2009
- ISBN:
- 9780198526292
- eISBN:
- 9780191723889
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198526292.003.0006
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter considers health impact assessment (HIA) from the perspective of disease, experts, and quantification. Impacts of disease (including accidents and mental illness) are clearer than ...
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This chapter considers health impact assessment (HIA) from the perspective of disease, experts, and quantification. Impacts of disease (including accidents and mental illness) are clearer than notions of ‘health’; perceptions by an expert can be based on scientific evidence rather than the subjective judgements of the general public; and a statement that one death may occur is clearer than a statement simply that there is an ‘appreciable’ risk, or some other non-quantified statement. This approach is utilitarian: that is, it proposes information for the good of the public as a whole rather than taking a rights-based approach for an individual in a group.Less
This chapter considers health impact assessment (HIA) from the perspective of disease, experts, and quantification. Impacts of disease (including accidents and mental illness) are clearer than notions of ‘health’; perceptions by an expert can be based on scientific evidence rather than the subjective judgements of the general public; and a statement that one death may occur is clearer than a statement simply that there is an ‘appreciable’ risk, or some other non-quantified statement. This approach is utilitarian: that is, it proposes information for the good of the public as a whole rather than taking a rights-based approach for an individual in a group.
Hans-Otto Sano
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780520283091
- eISBN:
- 9780520958920
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520283091.003.0011
- Subject:
- Sociology, Law, Crime and Deviance
This chapter explores the recent emphasis by the World Bank on “social accountability,” that is, “affirming and making operational the direct accountability relationships between citizens and the ...
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This chapter explores the recent emphasis by the World Bank on “social accountability,” that is, “affirming and making operational the direct accountability relationships between citizens and the state”. It examines a range of accountability mechanisms and types of impact to assess the effectiveness of social accountability for promoting human rights. Sano finds that, though there are synergies between social accountability and ESCR, there are also distinctions. Social accountability has rarely a perspective on discrimination and makes generally no operational reference to the human rights regime. But social accountability does hold some promise in that the kinds of empowerment it promotes can be rights-based and it can strengthen procedural and other CPR that support ESCRLess
This chapter explores the recent emphasis by the World Bank on “social accountability,” that is, “affirming and making operational the direct accountability relationships between citizens and the state”. It examines a range of accountability mechanisms and types of impact to assess the effectiveness of social accountability for promoting human rights. Sano finds that, though there are synergies between social accountability and ESCR, there are also distinctions. Social accountability has rarely a perspective on discrimination and makes generally no operational reference to the human rights regime. But social accountability does hold some promise in that the kinds of empowerment it promotes can be rights-based and it can strengthen procedural and other CPR that support ESCR
Joel E. Oestreich
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780190637347
- eISBN:
- 9780190637378
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190637347.003.0006
- Subject:
- Political Science, International Relations and Politics, Democratization
The first part of this chapter summarizes the various strategies used by UN agencies to overcome political opposition from India to a rights-based approach. The second part considers how successful ...
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The first part of this chapter summarizes the various strategies used by UN agencies to overcome political opposition from India to a rights-based approach. The second part considers how successful rights-based approaches have been. It is difficult to assess this in a rigorous way since the effect of promoting rights is difficult to separate from overall programming. Most UN assessment documents admit that drawing a causal arrow from rights promotion to improvements in the living conditions of people is impossible; rather, than define “success” as the implementation of a rights-based approach instead of showing that the approach improves outcomes.Less
The first part of this chapter summarizes the various strategies used by UN agencies to overcome political opposition from India to a rights-based approach. The second part considers how successful rights-based approaches have been. It is difficult to assess this in a rigorous way since the effect of promoting rights is difficult to separate from overall programming. Most UN assessment documents admit that drawing a causal arrow from rights promotion to improvements in the living conditions of people is impossible; rather, than define “success” as the implementation of a rights-based approach instead of showing that the approach improves outcomes.
Benjamin Mason Meier, Mitra Motlagh, and Kumanan Rasanathan
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780190672676
- eISBN:
- 9780190672713
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190672676.003.0009
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter assesses UNICEF efforts to implement the child’s right to health, reviewing UNICEF’s evolving governance to address global health, examining the influence of the Convention on the Rights ...
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This chapter assesses UNICEF efforts to implement the child’s right to health, reviewing UNICEF’s evolving governance to address global health, examining the influence of the Convention on the Rights of the Child (CRC) on UNICEF’s mission, and analyzing the opportunities and challenges in using a rights-based approach to advance children’s health. Where UNICEF had long been concerned by the practical implications of implementing human rights, the 1989 CRC solidified UNICEF’s central institutional role in the development and implementation of child rights. This development under international law created a burgeoning implementation framework to advance child health and human rights. Based upon this CRC mandate, UNICEF has sought to implement the child’s right to health across its health programming, assistance to states, and work with the Committee on the Rights of the Child.Less
This chapter assesses UNICEF efforts to implement the child’s right to health, reviewing UNICEF’s evolving governance to address global health, examining the influence of the Convention on the Rights of the Child (CRC) on UNICEF’s mission, and analyzing the opportunities and challenges in using a rights-based approach to advance children’s health. Where UNICEF had long been concerned by the practical implications of implementing human rights, the 1989 CRC solidified UNICEF’s central institutional role in the development and implementation of child rights. This development under international law created a burgeoning implementation framework to advance child health and human rights. Based upon this CRC mandate, UNICEF has sought to implement the child’s right to health across its health programming, assistance to states, and work with the Committee on the Rights of the Child.
Silvia Scarpa
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199541904
- eISBN:
- 9780191715464
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199541904.003.0007
- Subject:
- Law, Human Rights and Immigration
The concluding chapter summarises the most important remarks contained in the various chapters of the book and contains specific recommendations aimed at contributing to the complete abolition of ...
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The concluding chapter summarises the most important remarks contained in the various chapters of the book and contains specific recommendations aimed at contributing to the complete abolition of this unacceptable new form of slavery-like practice of our time. It is emphasised that even if many steps forward have been taken over the last few years — both at the universal and European level — to focus the attention of the international community on the need to fight against trafficking in persons, undoubtedly much work still remains to be done to reach the fundamental goal of inducing all the relevant actors to adopt human rights, child-sensitive approaches, and gender mainstreaming as the basis for every action in this field.Less
The concluding chapter summarises the most important remarks contained in the various chapters of the book and contains specific recommendations aimed at contributing to the complete abolition of this unacceptable new form of slavery-like practice of our time. It is emphasised that even if many steps forward have been taken over the last few years — both at the universal and European level — to focus the attention of the international community on the need to fight against trafficking in persons, undoubtedly much work still remains to be done to reach the fundamental goal of inducing all the relevant actors to adopt human rights, child-sensitive approaches, and gender mainstreaming as the basis for every action in this field.
Emilie Filmer-Wilson and Luis Mora
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780190672676
- eISBN:
- 9780190672713
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190672676.003.0012
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter analyzes UNFPA’s evolving human rights approach to sexual and reproductive health and reproductive rights, of which the 1994 International Conference on Population and Development (ICPD) ...
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This chapter analyzes UNFPA’s evolving human rights approach to sexual and reproductive health and reproductive rights, of which the 1994 International Conference on Population and Development (ICPD) was a major turning point. In translating the rights-based vision of the ICPD into practice, UNFPA has pursued two strategies: engaging with the human rights system to strengthen accountability for sexual and reproductive health and rights and advancing operational clarity and guidance on the links between human rights and sexual and reproductive health and reproductive rights. In these efforts, important milestones have been achieved, and today, UNFPA is widely recognized as a human rights-based organization. However, the organization has struggled to fully employ human rights in its work. The 2030 Sustainable Development Agenda, on which UNFPA’s new Strategic Plan for 2018–2021 is based, provides a powerful framework for UNFPA to more fully align itself with the rights-based vision of the ICPD.Less
This chapter analyzes UNFPA’s evolving human rights approach to sexual and reproductive health and reproductive rights, of which the 1994 International Conference on Population and Development (ICPD) was a major turning point. In translating the rights-based vision of the ICPD into practice, UNFPA has pursued two strategies: engaging with the human rights system to strengthen accountability for sexual and reproductive health and rights and advancing operational clarity and guidance on the links between human rights and sexual and reproductive health and reproductive rights. In these efforts, important milestones have been achieved, and today, UNFPA is widely recognized as a human rights-based organization. However, the organization has struggled to fully employ human rights in its work. The 2030 Sustainable Development Agenda, on which UNFPA’s new Strategic Plan for 2018–2021 is based, provides a powerful framework for UNFPA to more fully align itself with the rights-based vision of the ICPD.
Benjamin Mason Meier and Lawrence O. Gostin
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780190672676
- eISBN:
- 9780190672713
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190672676.003.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This introductory chapter outlines the global governance institutions that structure the realization of human rights for global health. With this volume examining the relationship between human ...
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This introductory chapter outlines the global governance institutions that structure the realization of human rights for global health. With this volume examining the relationship between human rights, global governance, and public health, a proliferating set of global governance institutions have developed policies, programs, and practices to operationalize human rights to address public health challenges in a globalizing world. As an institutional analysis that focuses on organizations, the organizations in this volume include those international bureaucracies that bear implementation responsibilities for health-related human rights. Examining institutional dynamics to implement human rights, the contributing authors analyze institutional factors that facilitate or inhibit human rights mainstreaming. This introduction concludes by recognizing the importance of comparative analysis in understanding institutional approaches to human rights in global health, outlining the research methods for studying human rights mainstreaming in global governance institutions and framing a new field of study on rights-based governance for global health advancement.Less
This introductory chapter outlines the global governance institutions that structure the realization of human rights for global health. With this volume examining the relationship between human rights, global governance, and public health, a proliferating set of global governance institutions have developed policies, programs, and practices to operationalize human rights to address public health challenges in a globalizing world. As an institutional analysis that focuses on organizations, the organizations in this volume include those international bureaucracies that bear implementation responsibilities for health-related human rights. Examining institutional dynamics to implement human rights, the contributing authors analyze institutional factors that facilitate or inhibit human rights mainstreaming. This introduction concludes by recognizing the importance of comparative analysis in understanding institutional approaches to human rights in global health, outlining the research methods for studying human rights mainstreaming in global governance institutions and framing a new field of study on rights-based governance for global health advancement.
Joel E. Oestreich
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780190637347
- eISBN:
- 9780190637378
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190637347.001.0001
- Subject:
- Political Science, International Relations and Politics, Democratization
Development and Human Rights in India examines how UN agencies are following a “rights-based approach to development” in India. It asks two questions: How (if at all) does the implementation of a ...
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Development and Human Rights in India examines how UN agencies are following a “rights-based approach to development” in India. It asks two questions: How (if at all) does the implementation of a rights-based approach differ from traditional development work? And what strategies do development agencies follow to overcome local opposition to this politically controversial strategy? Integrating human rights into the development process means that development agencies can be vitally important instruments in rights protection and promotion, allies overlooked in almost all existing literature on human rights. This book, then, presents the first full-length study of how these agencies evaluate the rights situation in a single country and is the first study to look at both the good and the bad in a rights-based approach (rather than selecting only the best cases). It begins with a description of what a rights-based approach is, and an examination of the human rights challenges faced in India. It then focuses on the work of five agencies: UNICEF, the UN Development Programme, the World Bank, the UN Fund for Population Activities, and UN Women. Chapters then summarize how the United Nations navigates this difficult political terrain, and how effectively these policies are being implemented. It also considers how rights-based approaches fit in the traditional discourse on human rights, and what it says about the ability of these agencies to affect meaningful change on state behavior in the rights arena.Less
Development and Human Rights in India examines how UN agencies are following a “rights-based approach to development” in India. It asks two questions: How (if at all) does the implementation of a rights-based approach differ from traditional development work? And what strategies do development agencies follow to overcome local opposition to this politically controversial strategy? Integrating human rights into the development process means that development agencies can be vitally important instruments in rights protection and promotion, allies overlooked in almost all existing literature on human rights. This book, then, presents the first full-length study of how these agencies evaluate the rights situation in a single country and is the first study to look at both the good and the bad in a rights-based approach (rather than selecting only the best cases). It begins with a description of what a rights-based approach is, and an examination of the human rights challenges faced in India. It then focuses on the work of five agencies: UNICEF, the UN Development Programme, the World Bank, the UN Fund for Population Activities, and UN Women. Chapters then summarize how the United Nations navigates this difficult political terrain, and how effectively these policies are being implemented. It also considers how rights-based approaches fit in the traditional discourse on human rights, and what it says about the ability of these agencies to affect meaningful change on state behavior in the rights arena.
