Property rights, genes, and common good

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual property are the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property.     

Are Human Rights Redundant in the Ethical Codes of Psychologists?

The codes of ethics and conduct of a number of psychology bodies explicitly refer to human rights, and the American Psychological Association recently expanded the use of the construct when it amended standard 1.02 of the Ethical Principles of Psychologists and Code of Conduct. What is unclear is how these references to human rights should be interpreted. In this article I examine the historical development of human rights and associated constructs and the contemporary meaning of human rights. As human rights are generally associated with law, morality, or religion, I consider to which of forms of these references most likely refer. I conclude that these references in ethical codes are redundant and that it would be preferable not to refer to human rights in codes. Instead, the profession should acknowledge human rights as a separate and complimentary norm system that governs the behavior of psychologists and should ensure that they have adequate knowledge of human rights and encourage them to promote human rights.     

Common future and personal responsibilities: A comparison between Italian and Burundian students

The political, social, and cultural history of a nation modulates the representations of rights and duties. The aim of this research is to compare students from two countries (Italy and Burundi) in terms of how they define their rights and duties. In the two countries, there are differences both in the legal protection of fundamental rights and in regard to material conditions, which in turn ensure the effectiveness of rights. Focus groups structured around nine questions were conducted in Burundi and in Italy. The discussions with Italian and Burundian students showed some clear differences. Although both groups speak of rights as something to be safeguarded and something that everyone is born with, Italian students do not recognize the complementarity of rights and duties and consider the latter simply as a limit and an obstacle to individual enhancement. On the contrary, Burundian adolescents seem more aware of their personal responsibilities and their role in protecting human rights.     

Locked Up,Then Locked Out

SUMMARY

Women prisoners face tremendous psychological, emotional, and physical hardships inside prison. These include isolation, separation from their families and children, lack of medical care and general abuse of their basic human rights. When they are released from prison, women confront institutional as well as psychological barriers to a successful return to their communities     

Generational forgiveness and historical injustices: perspectives of descendants of victims of Apartheid-era gross human rights violations in South Africa

This study explored the issue of generational forgiveness in the political sphere in contemporary South Africa. It is based on qualitative interviews conducted with 20 children and grandchildren (females?=?10, males?=?10) of victims of Apartheidera gross human rights violations. The interview data were interpretively analysed to uncover underlying meaning. The results yielded three main themes namely: the myth of forgiveness in politics; political forgiveness as an inherently difficult human enterprise; and the intrinsic value of political forgiveness. Findings suggest that political forgiveness is likely if solutions are found to persistent poverty and inequality, which are structural legacies of the past.     

Origin Stories: Same-Sex Sexuality and Christian Right Politics

In this paper, we examine dominant Christian conservative narratives of the origins of same-sex sexuality. Critics of the Christian right usually focus on a narrative of choice that Christian right organisations and activists use to explain the origins of same-sex sexuality. A choice narrative grounds a range of political positions and, in many contexts, effectively neutralises both claims of discrimination and public support for potential legal remedies. On the other hand, a narrative of development receives less attention from critics of the Christian right. Although it cannot be reduced to its political efficacy, the narrative of development has a political as well as therapeutic function. Indeed, this narrative circulates tacitly through a different set of public debates than those usually associated with the narrative of choice, including debates over programmes geared to eliminate antigay harassment in public schools. The two narratives create tensions within Christian conservative thought that can destabilise antigay social and political projects.     

Policing,profiling and discrimination law: US and European approaches compared

Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ‘intelligence-led policing’ methods such as racial and religious profiling. Reliance on intelligence, to the effect that most people who commit a certain crime have a certain ethnicity, can lead to less favourable treatment of an individual with that ethnicity because of his membership in that group, not because of any act he is suspected or known to have committed. This paper explains the context in which intelligence-led policing flourishes, and how this discussion contributes to the profiling debate in both the USA and the UK, and then sets out two key contentions. First, we argue that Article 14 ECHR as applied under the UK Human Rights Act has a more protective, and less ‘prosecutorial’, conception of discrimination than has the US Equal Protection Clause, meaning that judges need not find a discriminatory motive to find that discrimination has occurred. Second, we contend that Article 14 provides the judiciary with the key tool of proportionality, which, when properly applied, makes it harder for discrimination to stand up to scrutiny.     

Alternative agents for humanitarian intervention

The use of private security companies by national governments is met with widespread skepticism. Less understood is the role these companies can play in international humanitarian interventions in the service of international organizations. I argue here that despite valid concerns about the use of such private entities, we should nonetheless see them as legitimate participants in efforts to secure human rights protection around the globe. In order to assess their legitimacy, we need to ensure, among other things, that they can adhere to ethical standards when serving in humanitarian missions, that they can be held accountable when they fail to uphold the standard of justice enshrined in international law, and that their for-profit status does not have implications detrimental to humanitarian concerns.     

Sea for the landlocked: a sustainable development goal?

Outside Europe landlocked states are poor: 16 are extremely poor and another 16 very poor. The Sustainable Development Goals (SDGs) recognise their lack of sea-access as a major cause of their reduced chances of escaping poverty and reaching the stated goals. This paper proposes including corridors to the sea and other forms of sea-access among the SDGs. It also discusses objections to doing so that appeal to the rejection of global egalitarian arguments, to the possibility of compensating those countries for their disadvantage rather than removing it, and to the territorial rights of the coastal countries. The paper concludes that none of these objections to the corridors, and a fortiori to the less ambitious remedies of the Almaty and Vienna Programmes, withstands scrutiny.     

A critique of humanitarian reason: agency,power, and privilege

This paper offers a critical analysis of the work of western humanitarian NGOs operating in the African continent. We argue that in most cases, NGOs and their supporters are deaf to the actual wants, needs, and desires – or, in other words, the agency – of those they are trying to aid. We do this by first offering a series of ways of understanding the ideological commitments that inform the work of many humanitarian NGOs and those who donate to them. In this, we expose the reasons leading to the failure of such individuals and organizations to recognize and take account of the agency of those they seek to help. Second, we offer evidence of the problematic outcome of this failure when coupled with a lack of recognition of the wider context of many of the conflicts that lead to the suffering of those that such NGOs intend to aid. In doing this, we expose the ways in which an NGO's own position can reinforce and contribute to the continuance of this suffering. This, we argue results from the simplified, inaccurate, and de-politicized ways in which NGOs tend to portray the problem of suffering both to those they solicit for donations and in their own conception of the problems and the ‘moral’ role that the organization itself plays in its work.