PDF superior Human rights, a reflection for analysis and teaching from a critical perspective

Human rights, a reflection for analysis and teaching from a critical perspective

Human rights, a reflection for analysis and teaching from a critical perspective

Reconocer que esta enseñanza es, en los países colonizados (cultural y/o políti- camente) llevada adelante por los mismos operadores que reproducen un Sistema Jurídico que se sustenta a[r]

17 Lee mas

Rethinking Macro Economic Strategies from a Human Rights Perspective

Rethinking Macro Economic Strategies from a Human Rights Perspective

Human rights activism and advocacy focus on the violations and deprivations suffered by in- dividuals and social groups, without necessarily understanding the economic policies that help generate such problems. Strategies for the realiza- tion of equitable enjoyment of economic and social rights often fail to grapple with the potential constraints, posed by the current structures of the global economy, on the achievement of those rights. Without an understanding of the ways that neo-liberal economic polices, at national and international levels, contribute to the viola- tion of human rights, human rights activism may be reduced to uphill battles to defend mini- mal protections. Without an understanding of the alternatives to neo-liberal economic policies, human rights advocates may be left without adequate strategies to change the environment that leads to human rights violations. A better understanding of economic policies and processes is particularly relevant to struggles to achieve equal economic and social rights for all. Such an analysis can help identify and clarify the sites of negotiation and struggle needed to bring about improvements in economic and social rights, especially for those who are most deprived. This analysis is the stock in trade of heterodox economists.
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10 Lee mas

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				Is an International Corporate Human Rights liability framework needed? An Economic Power, Business and Human Rights, and American Extraterritorial Jurisdiction analysis

← Volver a los detalles del artículo Is an International Corporate Human Rights liability framework needed? An Economic Power, Business and Human Rights, and American Extraterritorial Jurisdiction analysis

It could be arguable, that the human rights international regime is designed to make Sta- tes the sole bearer of responsibility for human rights promotion and protection. After all, what is the reason of existence of States if not to guarantee the welfare of its members? As clear as that argument seems to be, assuming it as an absolute statement has the consequence of appearing highly questionable the reasons why corporations could or should be responsible for human rights violations. How do they enter the picture and for which reasons should they do so? Trying to approach those questions from a normative perspective, Professor Louis Henkin resorted to the preamble of the Universal De- claration of Human Rights, which establishes that “every individual and every organ of society, (…) shall strive by teaching and education to promote respect for these rights and freedoms (the ones enshrined in the Declaration)” (Human Rights Comission, 1984, Preamble). In his keyno- te address at Brooklyn Law School on November 5, 1998, Professor Henkin emphasized that re- garding human rights, “Every individual includes juridical persons. Every individual and every organ of society excludes no one, no company, no mar- ket, no cyberspace. The Universal Declaration applies to them all” (Henkin, 1999, p. 25). The purpose of this article is to present a diffe- rent approach to the normative interpretation given by Professor Henkin; that is, an approach based on politics, economics and judicial ar- guments to address the main questions listed above. With that in mind, this article is divided into three chapters with independent, but at the same time inter-related approaches, giving space to interdisciplinary considerations. In the first chapter under the title Corporations as relevant actors in the human rights regimes: A matter of power, I aim to establish that a product of glo- balization is the world giving greater relevance
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The human rights based approach to human trafficking in international law: an analysis from a victim protection perspective

The human rights based approach to human trafficking in international law: an analysis from a victim protection perspective

As far as Part II is concerned, its objective is to undertake a more detailed analysis of the human trafficking’s legal framework in order to assess the extent to which the human rights- based approach has been effectively incorporated in the most advanced instruments, and the most important challenges this incorporation poses. Undoubtedly, the extension of this subject inevitably led us to circumscribe the object of our study to a particular aspect of the anti- trafficking legal framework. In that context, we chose to focus our analysis on the second of the three Ps – prevention, protection and prosecution – that make up this framework: the duty to protect trafficking victims. Relevant reports suggest that this aspect is still not adequately addressed in the vast majority of countries around the word, especially because of the persistence of an approach that focuses exclusively on prosecuting traffickers and on curbing irregular immigration at the expenses of a human rights-based approach that integrates the identification and protection of victims into the criminal and immigration strategies. It is clear from these reports that failures in terms of victims’ protection are particularly serious at border posts and in asylum application and return procedures. Pushbacks and the lack of proactive identification mechanisms at the border as well as the frequent refusal of asylum requests or residence permits based on trafficking-related persecution grounds are some of the aspects that are causing the greatest concerns at the international and European level, as will be explored in details in Part II. Therefore, we have decided to focus our analysis in the area of victim protection. Two main reasons for doing so should be highlighted. Firstly, it is the most distinctive aspect of this approach: a human rights-based approach to trafficking calls for putting the protection of victims at the centre of all anti-trafficking interventions and for considering it the utmost priority in case of conflicting interests. And secondly, it is the aspect that shows the most lacunae and requires more efforts on the part of States and all other stakeholders involved.
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548 Lee mas

Derechos humanos desde la perspectiva relativistaHuman rights from the perspective relativistic

Derechos humanos desde la perspectiva relativistaHuman rights from the perspective relativistic

This work raises some issues regarding current global initiatives and legislative reforms in our countries, responding to a relativistic perspective of human rights. As seen in Cicero laws, the law comes before the need to manage relationships and human activities in society that already existed in nature. This aspect is addressed by Hervada in his classic book Introduction critique of natural law. He notes that all right emerges from (and understood) "natural law", taking as a basis and rationale human person and his dignity. What we have as positive law, in more than one case, it born and responds to the "right" of the stronger, resulting in an international and national law that disrupts the harmonious coexistence in society and threatens humanity, opposing to what until now it has been understood as a person, freedom, human dignity, precisely relativizing basic notions and basic principles of human rights. Zygmunt Bauman texts, Martin Buber and Jorge Portela are analyzed, looking to rediscover concepts that could support a project just society, making a critical analysis of the current (inconsistent) foundation of human rights.
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8 Lee mas

Media analysis and critical correspondences

Media analysis and critical correspondences

generación, es aquella que mira el mundo a través del dígito de los dedos sobre las pantallas, pero estamos seguros/as que también esa lectura es necesaria como nos dice Cal[r]

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Development and coloniality: an epistemology for critical analysis of developmentalism

Development and coloniality: an epistemology for critical analysis of developmentalism

Since the 1990s, the discourses and practices of development viewed from standpoint of poststructuralist perspectives have been the subject of a profound and mordant critique. Poststructuralist critique has focused on how the discourses of development are tangibly translated into social practices by social agents that directly influence reality making while reaffirming and consolidating the geopolitics established by the very discourse of development itself. One of the most remarkable achievements of this critical stance was the denunciation of the colonial bias of scientific knowledge that had been for decades a strategic component of the discourse of the development paradigm. In this article we argue that the emphasis on the critical deconstruction of the discursive aspects of anthropological research has regrettably distanced researchers from an ethnographic analysis of social actors and has therefore contributed to a stereotyped image of these actors that is very far removed from a grassroots and internal perspective. Focusing on a critical analysis of emblematic initiatives of development in the Ecuadorian Andes and on the discourses such as the Buen Vivir that theoretically are sustaining the intervention on the Indigenous worlds by the albeit progressive governments in the region, our article contrasts these essentialzed images of the indigenous-peasant universe with an ethnographic perspective anchored in the politic economy of the region.
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24 Lee mas

Analysis of human mobility for architecture and urban studies

Analysis of human mobility for architecture and urban studies

A Bluetooth proximity-detection approach to the analysis of visitor behavior in museums has many advantages. Contrary to the granular mobile-phone tracking (Ratti et al, 2006), the detecting scale using Bluetooth is much more fine grained. In addition, in contrast to RFID tags (Hui et al., 2009; Kanda et al. 2007) and active mobile-phone tracking with or without GPS (Asakura and Iryob, 2007), with Bluetooth previous registration is not required and it is not necessary to attach any devices or tags. The fact that no prior participation or registration is required enables a mass participation of subjects and the collection of an enormous amount of data in the long term, unlike time constrained cases (McKercher et al. 2012; Shoval et al. 2013). Also, the unobtrusive nature of Bluetooth removes bias in the data, which could be created if a subject is conscious of being tracked. Furthermore, Bluetooth proximity detection succeeds inside buildings or in the proximity of tall structures, where GPS connectivity is limited. All these advantages make this method adequate for detecting visitors’ sequential movement between key places, without specifying their activities, attributes, or inner thoughts, in a consistent way at the mesoscopic scale in a large-scale art museum.
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178 Lee mas

Global bioethics and human rights: a possible universal foundation for Bioethics? Problems and perspectives

Global bioethics and human rights: a possible universal foundation for Bioethics? Problems and perspectives

No sólo es escéptico frente a la posibilidad de la bioética global, sino que rechaza explícitamente los intentos la UNESCO en esta dirección, sin duda los más significativos desde el[r]

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Creative design teaching learning methods: A reflection from the professors

Creative design teaching learning methods: A reflection from the professors

vital for active learning. It is then expected that the student is able to use the information acquired previously to state or solve a design problem and then present it and discuss it with a group expressing its opinions around it. The active character of the instructor’s work is given by his/her ability to design and conduct varied experiences so the students can participate and learning is a positive experience. The instructors must have the capability to reduce dramatically the use of lectures, focusing instead on activities of the type described before. Play, competition and fun in the learning process are some of the aspects that have higher acceptance amongst instructors and students.
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5 Lee mas

School bullying, gender-based patterns and fundamental rights. A reflection from the «Carla case study»

School bullying, gender-based patterns and fundamental rights. A reflection from the «Carla case study»

Véanse, a modo de ejemplo: o rtEGa , Rosario; c alMaEstra , Juan; M ora , Joaquin. «Cyberbullying». International Journal of Psychology and Psychological Therapy 2, 8 (2008), pp. 183-192; t okunaGa , Robert S. «Following you home from school: A cri- tical review and synthesis of research on cyberbullying victimization», Computers in Human Behaviour 26 (2010), pp. 277-287; c alvEtE , Esther; o ruE , Izaskum; E stévEz , Ana; v illardón , Lourdes; P adilla , Patricia. «Cyberbullying in adolescents: Modalities and aggressors’ profile». Computers in Human Behaviour 26 (2010), pp. 1128-1135. Una investigación en el ámbito asturiano, relevante por el caso de estudio que ha dado origen a este artículo, se recoge en á lvarEz -G arcía , David; n úñEz -P érEz , José Carlos; á lvarEz -P érEz , Luis; d obarro -G onzálEz , Alejandra; r odríGuEz -P érEz , Celestino; G onzálEz -c astro , Paloma. «Violencia a través de las tecnologías de la información y la comunicación en estudiantes de secundaria». Anales de psicología 27, 1 (2011), pp. 221-231.
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22 Lee mas

Liberty "versus" security? A human rights perspective in times of terrorism

Liberty "versus" security? A human rights perspective in times of terrorism

British police and Mr. norwood’s conviction to a fine for an «aggravated of- fence against the public order», Mr. norwood turned to the ECtHR and com- plained about a violation of his freedom of expression (Art 10 ECHR). How- ever, the ECtHR rejected the applicant’s reliance on his freedom of expression. Taking recourse to Article 17 ECHR, the Court noted that the removed poster was a public assault on all Muslims in the united Kingdom. Such a general, vehement attack against a religious group, which associated the whole group with terrorism, was considered incompatible with the values proclaimed and guaranteed by the ECHR, notably tolerance, social peace and non-discrimi- nation. Since the applicant’s display of the poster in his window constituted an act within the meaning of Article 17 ECHR, he could, as a consequence, not enjoy the protection of Article 10 ECHR. Hence, the ECtHR rejected the application as being incompatible ratione materiae with the provisions of the Convention.
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22 Lee mas

An analysis of swearing from a positive perspective

An analysis of swearing from a positive perspective

Another factor which is also crucial here are the participants – due to the given material the protagonists in this respect. They are various people whose social statuses are different. Regardless of the social status, the incidence of swearing is high. What contributes to the violation of a social norm is the fact that swearing is encountered in the speech of those who are not expected to swear. Moreover, gender is another social factor which influences the perception of swearing. For instance, in our contemporary world, it is still unsuitable for females to swear as swearing is usually reserved for males. However, there are a few examples in which it is women whose speech is peppered with swear words and expletives, not only when they talk to women, but also men, which causes shock and possibly evokes humour. As a result, one might risk statement that the occurrence of swearing in the speech of women causes violation of the norms and expectations and as a result makes the situation even more hilarious. Additionally, swearing can also be identified in the speech of the protagonists although in some situations they do not know each other. One usually expects swearing to occur between people who know each other. Thus, this is another example of the violation of the social rule where we observe swearing in such circumstances.
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25 Lee mas

Unfolding industrial ecosystems : conceptualisation and analysis from a strategic niche management perspective

Unfolding industrial ecosystems : conceptualisation and analysis from a strategic niche management perspective

Firstly, the results depicted that the structure of the industrial production systems may affect the unfolding local industrial ecosystems in varying ways. On the one hand, as Article I suggested, the network diversity may enhance the symbiotic interactions between the actors. Considering the industrial networks that are centred on one or a few major industries, the absence of variety may “hinder learning and critical reflection about an experiment” (Weber, et al., 1999, p. 39). Heterogeneity in terms of sectoral and size differences inside the industrial production system can facilitate observing, analysing and learning from the facts and data mainly related to the technical dimensions of industrial ecology, especially considering the first-order learning. On the other hand, as Article II suggested, relatively more homogenous industrial production systems composed of small and medium-sized enterprises can be more likely to develop industrial ecology practices. Similar size and sector industries may share similar concerns in terms of resilience strategies to the changing socio-economic environment, which can also contribute to the (further) construction of participatory and collaborative culture in the regions. The unfolding local industrial ecosystem in Tuscany represents an example of this. It is one of the most advanced Italian regions in terms of the local industrial ecosystem development and the areas in that territory show the characteristics of homogeneity and companies of small dimension. However, agreeing with the results of Article I, the lack of heterogeneity have restricted the type of potential symbiotic exchanges in the region and made the system more limited to particular synergies, such as recycling and recovery consortiums, a collective coordinating body, or shared infrastructure, as also indicated by Daddi et al. (2015) while discussing the Italian approach in general.
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106 Lee mas

Human Dignity: the Foundation of Human Rights and Religious Freedom

Human Dignity: the Foundation of Human Rights and Religious Freedom

century onwards, the justification of human dignity becomes problematic. This most influential attempt to justify it by secular rationality came from Kant, who saw man’s dignity as deriving from his capacity for moral reasoning and from it came the notions of autonomy and equality. However, during the last two centuries, secularized cultures produced skeptical attitudes toward both the Judeo-Christian and Kantian concepts of the intrinsic dignity of man, which eventu- ally paved the way for twentieth-century totalitarian- isms. After the horrors of Nazism, concerns about putting human rights in the centre of culture, politics and law compelled a search ―largely impossible― for a common idea of human dignity, shared by different philosophical traditions, both religious and secular. During the years after World War II, especially after the Second Vatican Council, there was a renewed discovery of human rights as based on human dignity by Catholicism, which, in view of the different reduc- tionist or destructive tendencies found in the secular- ized culture, perhaps is the most satisfactory ap- proach. Finally, the problem of religious freedom is examined as a case study for further reflections on human dignity.
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33 Lee mas

Human rights: in between bioethics and genetics

Human rights: in between bioethics and genetics

Las formas en que la investigación científica puede afectar los derechos humanos -punto de confluencia entre bioética y derecho- son múltiples, en particular a partir de la nueva genétic[r]

17 Lee mas

Human rights, information society and risk society

Human rights, information society and risk society

vital constituye un minilegajo médico portátil, pero sobre la cual el interesado no dispone de técnicas que le permitan su lectura. El acceso a la información de la misma puede ser co[r]

6 Lee mas

Teachers’ beliefs about diversity: an analysis from a personal and professional perspective

Teachers’ beliefs about diversity: an analysis from a personal and professional perspective

Asimismo, se observa una relación significativa entre los años de experiencia docente y las creencias profesionales acerca de la diversidad, siendo los docentes sin experiencia quiene[r]

6 Lee mas

Limitaciones del contractualismo y dimensión transnacional de los derechos humanos Limitations of Contractualism and Transnational Perspective of Human Rights

Limitaciones del contractualismo y dimensión transnacional de los derechos humanos Limitations of Contractualism and Transnational Perspective of Human Rights

This paper tries to justify that in the same way the strict model of classical contractua- lism, more precisely Rawlsian conception, mo- ves away from reciprocal profi t standar and aproximate equality in resources and power, so the named model introduces demands such as natural duties, linked to human rights in a transnational perspective. Once these classi- cal tradition factors are examined, a research is made about the advance and withdrawal on Rawlsian proposal concerning The law of people. In order to overcome these limitations as well as the existing defi ciencies with respect to the effective realization of human rights in a global justice context, proposals of several authors are considered. These positions are built starting from the viewpoint of human beings conceived as moral agents and the cos- mopolitan perspective oh human rights.
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29 Lee mas

Human rights indicators: an opportunity towards human rights internalization

Human rights indicators: an opportunity towards human rights internalization

de arbitrariedad. De hecho, los indicadores específicamente nacionales provo- can una cierta desconfianza del Comité ante la posible oportunidad de mani- pulación política y de instrumentalización por parte de los Estados. Rosga y Satterthwaite advierte de sus limitaciones, por cuanto los números pasan por alto la inexistencia de juicio humano en la producción de información estadís- tica 59 . A esto se añade que se corre el riesgo de que, una vez generado un dato estadístico, éste se perpetúe como indicador a pesar de no ser el más apropia- do 60 . Como ya advertía Amartya Sen, en relación con la construcción del índi- ce de Desarrollo Humano, “it would be a great mistake to concentrate too much on the Human development Index, or any other such aggregative index… These are use- ful indicators in rough and ready work, but the real merit of the human development approach lies in the plural attention it brings to bear on developmental evaluation, not in the aggregative measures it presents as an aid to digestion of diverse statistics” 61 .
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