On the Strength of Children's Right to Bodily Integrity: The Case of Circumcision

This article considers the question of how much weight the infringement of children's right to bodily integrity should be given compared with competing considerations. It utilises the example of circumcision to explore this question, taking as given this practice's opponents' view of circumcision's harmfulness. The article argues that the child's claim against being subjected to (presumably harmful) circumcision is neither a mere interest nor a right so strong that it trumps all competing interests. Instead, it is a right of moderate strength. Indeed, even the aggregate strength of children's rights against the practice of (presumably harmful) circumcision as a whole is not so weighty so as to always trump competing interests. The harms are not sufficiently serious to justify such a status. And the expressive wrongs associated with non‐negligently benevolent harming are much less serious than those associated with intentional harming. The debate over banning circumcision thus cannot be conducted only in terms of competing rights. Competing interests, such as those that would be set back by the departure of religious citizens, should be considered as well and might plausibly justify allowing even a rights‐infringing practice to continue.     

Pluralism in Multicultural Liberal Democracy and the Justification of Female Circumcision

This article discusses the problems that a liberal, multicultural democracy has in dealing with cultural practices, such as female circumcision, which themselves suppress the liberal values of autonomy and pluralism. In this context I have chosen the justification of female circumcision as my issue for three reasons. First, with increasing immigration, in Western multicultural and pluralistic societies this practice has recently been given a good deal of public attention; second, I believe that it is time to put this cruel and discriminatory tradition finally in the past; and third, the paradox that the victims of this practice are also often its strongest proponents well demonstrates the problems that liberal democracies have in dealing with the question of autonomy and tolerance in real-life situations. My main argument is that, without giving up tolerance, we can show that there can be no moral justification for such a tradition as female circumcision, even within a multicultural and pluralist society.
I shall first show why neither female circumcision nor any other tradition that oppresses and harms individuals and is maintained by coercion can be satisfactorily defended by liberal arguments. Then I shall discuss why 'communitarian'counter-arguments which appeal to the significance of communal values and traditions or to cultural rights also fail to give any plausible support to the maintenance of this tradition. Finally, I shall consider in more detail how the value of autonomy should be normatively understood in a modern pluralist society [1].     

The International Student: Female Circumcision Issues

The authors describe the process and practice of female circumcision, the impact it may have on circumcised female international college students, and some counseling strategies for the college counselor.     

Justifying Feasibility Constraints on Human Rights

It is a crucial question whether practicalities should have an impact in developing an applicable theory of human rights—and if, how (far) such constraints can be justified. In the course of the non-ideal turn of today’s political philosophy, any entitlements (and social entitlements in particular) stand under the proviso of practical feasibility. It would, after all, be unreasonable to demand something which is, under the given political and economic circumstances, unachievable. Thus, many theorist—particularly those belonging to the liberal camp—begin to question the very idea of social human rights on grounds of practical infeasibility. This new minimalism about human rights motivates an immanent critique arguing that even if we were to proceed from a liberal framework, we would still wind up with a justification of the full list of social human rights. In the first part of this article, I will present the central positions of the debate presented by Amartya Sen, Maurice Cranston and Pablo Gilabert. Initially arguing that a minimalism of human rights on grounds of practical infeasibility alone proves unjustifiable, however, I shall open up two further perspectives, which allow practical infeasibilities to become normatively determinate. Discussing contributions by James Griffin and Charles Beitz, I will defend the thesis that certain feasibility constraints on (social) human rights can be justified on the condition that they are grounded either in a normative idea of the appropriate implementation of these rights or in reflection of the practical function of a theory of human rights.     

Translating the Human Right to Water and Sanitation into Public Policy Reform

The development of a human right to water and sanitation under international law has created an imperative to implement human rights in water and sanitation policy. Through forty-three interviews with informants in international institutions, national governments, and non-governmental organizations, this research examines interpretations of this new human right in global governance, national policy, and local practice. Exploring obstacles to the implementation of rights-based water and sanitation policy, the authors analyze the limitations of translating international human rights into local water and sanitation practice, concluding that system operators, utilities, and management boards remain largely unaffected by the changing public policy landscape for human rights realization. To understand the relevance of human rights standards to water and sanitation practitioners, this article frames a research agenda to ensure that human rights aspirations lead to public policy reforms and public health outcomes.     

Whose Rights Count? Negotiating Practice,Policy, and Legal Dilemmas Regarding Infant–Parent Contact When Infants are in Out‐of‐Home Care

This article takes a human rights perspective with a view to articulating the infant's perspective when the infant has been subjected to abuse, neglect, or both and is reliant on the state to ensure his or her health and well‐being. When a young child is removed from parental care, important and often difficult decisions have to be made about subsequent contact between child and parent. We consider a number of dilemmas which may arise for practitioners when they are assisting child welfare decision makers in relation to contact, and acknowledge the limited empirical follow‐up studies of the impact of child welfare practice and legal decisions on infant outcomes. We draw on the significant and substantive evidence base about infant emotional and cognitive development and infant–parent attachment relationships as well as infant mental health to illuminate the infant's subjective experience in these practice dilemmas. We describe innovations in practice from various countries, which seek to shed light on the challenges often associated with contact.     

以人为本:人的关怀与人的权利--关于医疗保健服务中如何实践以人为本

以人为本的人文精神或人文主义,是人类的共同财富,它不只是泛指一般对人的关怀,而且还包括对人的基本权利的尊重。讲以人为本,只讲对人的关怀而不讲人的权利,是不全面的。当前在卫生保健服务中妨碍以人为本思想的实践,不仅有技术至上的唯技术主义,还有表现以皇权思想为特征的各种特权及与权力相结合的商权。清除特权思想的影响,防止商业利润凌驾于病人健康利益之上,是保健服务实践以人为本思想的必需。     

Prevalance of female circumcision in two nigerian communities

A study conducted to determine the prevalence of female circumcision in two Nigerian communities revealed that over 90% of the females interviewed were themselves circumcised. The majority of the respondents (over 50% do not support the elimination of the practice. Their reasons for supporting female circumcision were adherence to cultural and traditional heritage, attenuation of the sexual urges of young females, reduction of clitoral growth, and use as a device to enhance childbirth. Grandfathers and fathers were reported by over 36% of the respondents to be more concerned about female circumcision. Traditional healers were the principal health care providers who perform this surgery. The strategies to eliminate this practice were discussed.The author gratefully acknowledges the critical comments of the anonymous reviewers. Their comments have improved the quality of this paper. This study was supported by the University of Ilorin Senate Research Grant on Primary Health Care.     

Restorative justice and the human rights of offenders: Convergences and divergences

Restorative justice has gained significant momentum as a justice reform movement within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Although claims about the role of restorative justice in protecting human rights are repeatedly made in the restorative justice literature, they are seldom supported by empirical evidence or a thorough analysis of human rights and their justification. In this paper, we discuss how the assumptions underpinning restorative justice practices impact on offenders' human rights, and their points of convergence and divergence. We argue that while these assumptions can protect certain offender rights, they may violate others. We finish with some suggestions about how to reconcile the tensions between human rights and restorative justice, focusing in particular on the relationship between community needs and individual well-being.     

Attitudes toward and perceived psychosocial impact of female circumcision as practiced among the Bedouin-Arabs of the Negev

The present pilot study examines attitudes toward and the perceived psychosocial impact of circumcision as practiced among the Bedouin-Arabs of the Negev, Israel. A convenience sample of 24 women participated in the study: 12 who had experienced the ritual, and 12 who had not, but who had witnessed or been told about the practice of the ritual on women in their extended families. Two research instruments were used: a structured questionnaire, and a semi-structured open-ended interview. Data showed differences in subject responses depending on the research tools. The structured questionnaire revealed that women who had experienced the circumcision gave legitimization and cognitive rationalization to it. In contrast, the semi-structured interview revealed that these same subjects reported insult: traumatization, direct negative influences, and narcissistic insult, and described emotional difficulties during the research interviews. The findings indicated that they had difficulties in mother-daughter relationships and trust. Implications of the ritual on the continuity of polygamy and marital/sexual problems are discussed.     

Evaluating ‘Bioethical Approaches’ to Human Rights

In recent years there has been growing scholarly interest in the relationship between bioethics and human rights. The majority of this work has proposed that the normative and institutional frameworks of human rights can usefully be employed to address those bioethical controversies that have a global reach: in particular, to the genetic modification of human beings, and to the issue of access to healthcare. In response, a number of critics have urged for a degree of caution about applying human rights to such controversies. In particular, they have claimed that human rights have unresolved distributive and foundational problems. Interestingly, however, some of these critics have gone on to suggest that it might be possible to draw on certain bioethical insights to remedy these problems with human rights. This paper evaluates these recent attempts to apply insights from bioethics to the theory and practice of human rights. It argues that while these insights do not constitute an entirely new and original contribution to human rights thinking, they do force human rights scholars and campaigners to reflect on some key issues. First of all, they force us to question the prevalent idea that human rights are always ‘inviolable trumps’. Secondly, they demand that we pay close attention to the ‘fairness’ of the institutions we charge with determining our concrete rights. And finally, and perhaps most radically, these insights challenge the notion that human rights are held exclusively by members of the human species.     

Freud's Jewish identity,circumcision, and the theory of castration anxiety: problem or pride?

In this work the author reflects on the Jewish identity of Sigmund Freud. It is acknowledged that Freud, even though he seemed ambivalent towards Jewishness and even though anti-Semitism was omnipresent, not necessarily perceived his Jewish identity as problematic. Rather, it seems as if Freud had a positive Jewish identity, which was connected to profound knowledge in Jewish religion and tradition, even though he declared himself as a Godless Jew. Both his Jewish identity and his knowledge in Judaism seemed to have contributed to some of his insights into the human psyche. The impact of the traditional Jewish circumcision and the insights connected to the theory of castration anxiety are specifically discussed. The author suggests that Freud's positive Jewish identity, and the significance of circumcision, contributed to his insights into the prerequisites of human development and how we as individuals are shaped both by our interpersonal relationships and by the cultural context.     

Internet Recruitment and Selection: Kissing Frogs to find Princes

The Internet has already had a dramatic impact on the way in which recruitment and selection are carried out in North America, and the impact is increasingly being felt in terms of changes in practice in Europe and Asia-Pacific. The paper presents a picture of the current development of the Internet as a medium in general and as a recruitment and selection medium in particular. The new medium has enabled the widespread adoption of computer-based assessment and it is predicted that it will replace paper as the default medium before very long. A range of issues are raised and discussed. These include security, confidentiality, authentication, control of assessment conditions, control over practice and equality of access. It is argued that as the second generation of users takes over from the first generation, so inequality of skill and access are becoming less and less of an issue. Finally, some potential areas of abuse of the system are noted and a call is made for the development of international standards to protect the rights and interests of test providers, test users and test takers.     

Asylum Seekers and Human Rights

Asylum seekers, by their very circumstances, test our common assumptions and practice in relation to human rights. The treatment of asylum seekers in many European countries has become harsher, more restrictive and less tolerant in recent years, raising questions about the violation of their rights. The article examines the bases of the rights that asylum seekers do have and whether these are best supported as human rights or more limited rights that attach to the place of their temporary residence and to obligations made by their country of temporary residence. Given the propensity of receiving countries to afford increasingly limited rights, the article identifies a limited set of rights that should take priority in a hierarchy of rights and which might claim widespread acceptance as those which asylum seekers must enjoy. This revised version was published online in August 2006 with corrections to the Cover Date.     

‘Should I Circumcise My Daughter?’ Exploring Diversity and Ambivalence in Egyptian Parents' Social Representations of Female Circumcision

Female circumcision is still practiced in different parts of Egypt, impacting women's health and well‐being. Existing studies often portray parents' representations of the practice as positive and homogeneous, with little attention paid to the true diversity of views within a community. This study draws on social representations theory to highlight such nuances, while identifying the psychosocial factors that shape parents' decisions to circumcise or not circumcise their daughters. In‐depth interviews with 11 mothers and five fathers were conducted in rural communities in the Al Qalyoubeya and Benisweif governorates. Thematic analysis revealed the co‐existence of positive, negative and ambivalent representations of female circumcision amongst parents and within the individuals themselves. Although some parents positively represent female circumcision as ensuring the daughter's chastity, safeguarding her femininity and preserving community identity, they feel distress about its potential harms, such as pain, bleeding and terrifying experience on the daughter. Fathers further acknowledge its negative impact on marital sexual relationships. In some cases, parents challenge the ritual and refuse to circumcise their daughters. In light of a theory of change that emphasises the role of community dialogue in renegotiating health‐damaging social practices, along with evidence of diverse views amongst parents, this study argues that sensitively facilitated ‘community conversations’ might provide parents with opportunities to debate their opposing views and allow for the construction of health‐enabling social representations. Copyright © 2014 John Wiley & Sons, Ltd.     

ATTITUDES AND BEHAVIOR TOWARD HUMAN RIGHTS ACROSS DIFFERENT CONTEXTS: THE ROLE OF RIGHT-WING AUTHORITARIANISM,POLITICAL IDEOLOGY,AND RELIGIOSITY*

Three studies were carried out to examine attitudes and behavior toward human rights. ‘Universal’ human rights implies that there should be cross-situational consistency in attitudes and behavior toward human rights. An alternative interpretation is that attitudes and behavior toward human rights may shift across contexts, as a function of ideology. We reasoned that Canadian subjects would be more critical of the human rights records of Soviet and the Third World societies, and thus show stronger support for human rights in these than in Canadian society. Hypothesis two predicted that right-wing political ideology and support for human rights would be negatively correlated in contexts Canada and Third World, but not in the Soviet context; hypothesis three predicted the same pattern of associations between religiosity and support for human rights. Hypothesis four predicted that authoritarians, because of their fundamental opposition to individual liberties, would oppose human rights in all contexts. Study 1 involved 155 students expressing attitudes toward a range of human rights issues. Study 2 involved 74 Pro-Life supporters expressing attitudes on human rights, as well as on abortion. Study 3 involved a behavioral measure of support for human rights among 450 students. The findings generally supported hypotheses one and four, and provided some support for hypotheses two and three. The results seem to provide further evidence of an association between ideology and moral reasoning.     

La responsabilité médicale des accidents de la circoncision en Tunisie : à propos de trois affaires judiciaires

Circumcision is the most frequently performed surgical procedure worldwide, mainly as part of religious rituals. It may lead to serious complications. Although there is no specific law relative to circumcision accidents in Tunisia, the occurrence of complications of this act is likely to engage the penal, civil and disciplinary liability of the doctor. Prevention involves respecting the principles of the Medical Deontology Code, raising awareness about the need to practice circumcision in a medical environment and the promulgation of specific legislation regulating this act. The new Tunisian law on medical liability seems to offer a solution to solve the legal complaints concerning circumcision accidents by providing more opportunities for amicable settlement and at the same time guaranteeing adequate and rapid compensation of the prejudice. In this article, we discuss the medical liability of circumcision accidents through three medicolegal cases carried out at the Department of Legal Medicine of Ibn El Jazzar University Hospital, Kairouan, Tunisia.     

Credentialing Ethics Consultants: An Invitation to Collaboration

Opinion about neonatal male circumcision is deeply divided. Some take it to be a prophylactic measure with unequivocal and significant health benefits, while others consider it a form of child abuse. We argue against both these polar views. In doing so, we discuss whether circumcision constitutes bodily mutilation, whether the absence of the child's informed consent makes it wrong, the nature and strength of the evidence regarding medical harms and benefits, and what moral weight cultural considerations have. We conclude that nontherapeutic circumcision of infant boys is a suitable matter for parental discretion.     

History, Human Rights, and Globalization

An illustrative comparison of human rights in 1948 and the contemporary period, attempting to gauge the impact of globalization on changes in the content of human rights (e.g., collective rights, women's rights, right to a healthy environment), major abusers and guarantors of human rights (e.g., state actors, transnational corporations, social movements), and alternative justifications of human rights (e.g., pragmatic agreement, moral intuitionism, overlapping consensus, cross‐cultural dialogue).