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Book part
Publication date: 3 August 2011

John R. Wallach

Two paradoxes constitute the discourse of human rights. One concerns the relationship between “the human” and “the political”; the other invokes the opposition between the…

Abstract

Two paradoxes constitute the discourse of human rights. One concerns the relationship between “the human” and “the political”; the other invokes the opposition between the universalist moral character of human rights and the practical, particular context in which they become manifest. This chapter argues how and why these paradoxes will not go away – a good thing, too – over and against classical and contemporary writers who have argued for the priority of one or the other. After elucidating the powerful and enduring character of these paradoxes in history and political theory, I argue that human rights discourse only makes sense in terms of the arguably more primary discourses of democracy, political virtue, and justice if it is to avoid being a deceptive, rhetorical cover for dubious political practices.

Details

Special Issue Human Rights: New Possibilities/New Problems
Type: Book
ISBN: 978-1-78052-252-4

Book part
Publication date: 28 August 2015

Jenina Joy Chavez and Nicola Piper

At global fora which discuss the regulation of international migration the Philippine government is typically hailed a “good practice example” for its institutional as well as…

Abstract

At global fora which discuss the regulation of international migration the Philippine government is typically hailed a “good practice example” for its institutional as well as legal framework and proactive interest in the welfare of its citizens. The Philippine history of migration policy making is indeed shaped by a shift from “exporting workers” to an increasingly comprehensive rights-sensitive approach that addresses most aspects of migration: the regulation of recruitment agencies, pre-migration training, insurance systems, overseas voting rights, consular services, social rights of the left behind, and re-integration of returned migrants. This state of affairs, however, has not always been like that and is largely the result of activism by the vibrant migrant rights movement in the Philippines which reaches across the world. The case of the Philippine also shows mixed approaches to government-social movement relations, characterized by both pressure politics and critical engagement.

Considerable gaps and loopholes remain in this web of rights-based policy aspects. Structural weaknesses are major problems that need to be addressed if labor migration is to evolve into a truly choice-driven economic decision. Still, comparatively and historically speaking, the Philippines have come a long way. The combined effects of leadership from below and leadership from above had led to some concrete results – even if far from perfect – in the betterment of many migrants’ lives.

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Asian Leadership in Policy and Governance
Type: Book
ISBN: 978-1-78441-883-0

Keywords

Open Access
Article
Publication date: 7 April 2021

Michael Freitas Mohallem

This article aims to advance the literature on the effects of corruption and its relationship to human rights violations. The article also presents an overview of existing…

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Abstract

Purpose

This article aims to advance the literature on the effects of corruption and its relationship to human rights violations. The article also presents an overview of existing legislative measures as well as those expected to be implemented at the national level to tackle corruption and its impacts on fundamental rights.

Design/methodology/ approach

The study draws on the literature that addresses the relation between corruption and human rights, and analyses a single well-known case in Brazil (Operation Car Wash) in order to discuss both the violation of citizens’ political rights and of those being investigated.

Findings

The article suggests that the Brazilian State has failed to guarantee fundamental rights as well as to effectively control electoral corruption. By exploring the complex structure of illegal campaign financing in Brazil, the article exposes how Operation Car Wash evidenced the violation of both of the right to participate public affairs and to vote in authentic elections in Brazil.

Originality/value

Considering that the literature shows it is difficult to link the breaches of human rights with incidences of corruption, this article debates the macro context in which the Car Wash case is inserted and demonstrates the evidence that link the corrupt acts involved in this operation to the violation of specific fundamental human rights: the political rights.

Details

Public Administration and Policy, vol. 24 no. 1
Type: Research Article
ISSN: 1727-2645

Keywords

Book part
Publication date: 14 October 2011

Josh Klein

Using a critical perspective, this study reviews human rights and media in the context of capitalist empire, using Habermas' notion that capitalism offers formal but not…

Abstract

Using a critical perspective, this study reviews human rights and media in the context of capitalist empire, using Habermas' notion that capitalism offers formal but not substantive democracy. The author draws the reader into an impassioned discussion of the failure of government and media to address the significant inequalities in the world and the resulting human rights violations to demonstrate that human rights encompass concerns about economic and social inequalities as well as political and civil rights. Criticism of how capitalism treats rights has been part of the international human rights conversation since World War II.

Increasing human rights violations in the world today and the mass media's evidentiary lack of interest in the sources of these social problems underlie the author's earnest search for a better way. The study draws from the social science literature, while observing and gathering data on media coverage. Data limitations on media human rights indicate further research by the author that would explain the ideology and rhetoric as well as historic shifting patterns.

Details

Human Rights and Media
Type: Book
ISBN: 978-0-76230-052-5

Article
Publication date: 30 November 2007

Ubong E. Effeh

The relationship between democracy and civil and political rights is often assumed to be self‐evident. What is often less obvious is that between democracy and economic and social…

273

Abstract

The relationship between democracy and civil and political rights is often assumed to be self‐evident. What is often less obvious is that between democracy and economic and social rights. The emergence of China and India (two countries with divergent attitudes to democratic governance) as global economic powers has revived the debate about the relationship between democracy and both human rights categories. This short article is thus an attempt at assessing the strength of these relationships.

Details

Journal of International Trade Law and Policy, vol. 6 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 3 January 2015

S. Lorén Trull and Bruce A. Arrigo

This chapter examines the conundrum of juvenile immigration law and policy and argues that it is a present-day manifestation of “child-saving” in rhetoric, disposition, and human…

Abstract

This chapter examines the conundrum of juvenile immigration law and policy and argues that it is a present-day manifestation of “child-saving” in rhetoric, disposition, and human capital harm. In support of this thesis, the chapter reviews the pertinent human rights, law, and social science evidence, and it concludes that the maintenance of the nation’s existing immigration policy only makes sense within the context of the intentions of the 19th century child-saving movement. To substantiate this view, the political-economic drivers of contemporary US immigration policy (i.e., its child-saving dynamics) are explored. The chapter concludes by speculatively addressing the character (i.e., the form and quality) of modern-day juvenile immigration policy as child-saving informed by the philosophy and criticism of Psychological Jurisprudence (PJ).

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

Book part
Publication date: 4 May 2020

Chris Kendall

This chapter examines the delicate balance achieved by apex courts in new democracies when dealing with impunity for rights violations during times of transitional justice. While…

Abstract

This chapter examines the delicate balance achieved by apex courts in new democracies when dealing with impunity for rights violations during times of transitional justice. While international law has clearly rejected amnesties for past rights violations, domestic politics sometimes incorporate amnesties as part of larger peace settlements. This puts courts in the difficult situation of balancing the competing demands of law and politics. Courts have achieved equipoise in this situation by adopting substantive interpretations and procedural approaches that use international law’s rights-based language but without implementing international law’s restrictions on amnesties. In many cases, courts do this without acknowledging the necessarily pragmatic nature of their decisions. In fact, oftentimes courts find ways of avoiding having to make any substantive decision, effectively removing themselves from a dispute that could call into question their adherence to international legal norms that transcend politics. In doing so, they empower political actors to continue down the road toward negotiated peace settlements, while at the same time protecting the courts’ legitimacy as institutions uniquely situated to protect international human rights norms – including those they have effectively deemphasized in the process.

Article
Publication date: 2 October 2017

Yiu Chung Wong and Jason K.H. Chan

The purpose of this paper is to explore the emergence of civil disobedience (CD) movements in Hong Kong in the context of the notion of civil society (CS).

Abstract

Purpose

The purpose of this paper is to explore the emergence of civil disobedience (CD) movements in Hong Kong in the context of the notion of civil society (CS).

Design/methodology/approach

The paper begins by rigorously defining the notion of CD, as well as the concept of CS and tracing its development in Hong Kong over the past several decades. By using a model of CS typology, which combines the variables of state control and a society’s quest for autonomy (SQA), the paper aims to outline the historical development of CD movements in Hong Kong. It also discusses the recent evolution of CS and its relationship with CD movements, particularly focusing on their development since Leung Chun-ying became the Chief Executive in 2012. Finally, by using five cases of CD witnessed in the past several decades, the relationship between the development of CS and the emergence of CD in Hong Kong has been outlined.

Findings

Four implications can be concluded: first, CD cannot emerge when the state and society are isolated. Second, the level of SC and the scale of CD are positively related. Third, as an historical trend, the development of SQA is generally in linear progress; SQA starts from a low level (e.g. interest-based and welfare-based aims) and moves upwards to campaign for higher goals of civil and political autonomy. If the lower level of SQA is not satisfied, it can lead to larger scale CD in future. Fourth, the CD movement would be largest in scale when the state-society relationship confrontational and when major cleavages can be found within CS itself.

Originality/value

This paper serves to enrich knowledge in the fields of politics and sociology.

Details

Asian Education and Development Studies, vol. 6 no. 4
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 1 July 2003

Carol C. Bienstock, Carol W. DeMoranville and Rachel K. Smith

What is the best way for service organizations to evaluate and motivate service employees so that customers are retained and new customers are attracted? What motivates service…

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Abstract

What is the best way for service organizations to evaluate and motivate service employees so that customers are retained and new customers are attracted? What motivates service employees to deliver high quality service? Are there actions a service organization can take, e.g. way of evaluating, training, and rewarding employees, which encourage them to perform to the organization’s advantage? Answers to these questions would enable a service organization to formulate a system that links human resource management policies to desired service employee performance, thus enhancing customer perceptions of service quality and organizational financial outcomes. This research investigated organizational citizenship behavior, with its framework of organizational rights and responsibilities, to explore these issues. The research shows that service employee perceptions of how they are treated by the service organization, i.e. what organizational rights they receive, are positively associated with organizational citizenship behaviors. Furthermore, it demonstrates that these behaviors result in more effective service delivery to organizational standards and enhanced customer perceptions of service quality.

Details

Journal of Services Marketing, vol. 17 no. 4
Type: Research Article
ISSN: 0887-6045

Keywords

Book part
Publication date: 29 July 2010

Christopher Kollmeyer

This chapter seeks to reconcile divergent views about how globalization affects democratic governance at the national level. Despite numerous studies on this subject, the…

Abstract

This chapter seeks to reconcile divergent views about how globalization affects democratic governance at the national level. Despite numerous studies on this subject, the resulting literature has not reached an overarching consensus. Some scholars conclude that globalization usually promotes democracy by fragmenting the political power of entrenched elites, by creating powerful demands for the rule of law, and by making democracy the global norm for governance. Other scholars, however, draw very different conclusions. They argue that globalization generally weakens democracy by reducing the autonomy of national governments, by generating “democratic deficits” between international policy makers and ordinary citizens, and by significantly enhancing the class power of transnational capital. To bridge these two literatures, the present chapter highlights that democracy has at least two normative charges: (1) it should promote civil and political liberties (its liberal dimension) and (2) it should promote social and economic equality (its social democratic dimension). When viewed from this perspective, it appears that globalization does indeed promote democracy, albeit a particular form of democracy in which the maintenance of civil and political liberties takes precedence over the realization of socioeconomic equalities. Furthermore, this perspective suggests that globalization can simultaneously promote democracy in some parts of the world (i.e., by encouraging authoritarian countries to adopt civil and political liberties), while undermining it elsewhere (i.e., by impeding political actors seeking to promote socioeconomic equality).

Details

Democratic Paths and Trends
Type: Book
ISBN: 978-0-85724-092-7

21 – 30 of over 27000