A sufficiently political orthodox conception of human rights

The traditional conception of human rights, or the orthodox conception (OC), has, over the last few years, been vigorously challenged by the political conception (PC) of human rights. I have two main aims in this paper: the first is to articulate and evaluate the main points of disagreement between the OC and the PC in order to provide a clearer picture of what is at stake in the debate. The second is to argue that the OC has the resources to respond to the PC's most challenging criticism; namely that it is not sufficiently political.     

Intentional collaboration,predictable complicity,and proactive prevention: U.S. schools’ ethical responsibilities in slowing the school-to-deportation pipeline

ABSTRACT

In the United States, constitutional and statutory law reinforce the right of all children to receive an education, regardless of their citizenship or immigration status. In a time of heightened anti-immigrant sentiment and law enforcement, however, partnerships among school districts, local law enforcement, and the U.S. Departments of Justice and Homeland Security subject undocumented and unaccompanied minor students to indefensible levels of risk for detention and deportation. We identify three stances that U.S. schools may take in the face of a potential ‘school-to-deportation pipeline.’ Schools that engage in intentional collaboration actively increase detention and deportation by referring students to immigration officials for criminal, non-criminal, and even non-disciplinary activity. Schools that engage in predictable complicity may not intend to subject their undocumented and unaccompanied minor students to detention or deportation, but still put students at risk by involving police in school policies. We argue that U.S. schools should instead engage in proactive protection of immigrant students and families, including actively resisting federal policies when necessary.     

Human rights without human supremacism*

Early defenders of the Universal Declaration of Human Rights invoked species hierarchy: human beings are owed rights because of our discontinuity with and superiority to animals. Subsequent defenders avoided species supremacism, appealing instead to conditions of embodied subjectivity and corporeal vulnerability we share with animals. In the past decade, however, supremacism has returned in work of the new ‘dignitarians’ who argue that human rights are grounded in dignity, and that human dignity requires according humans a higher status than animals. Against the dignitarians, I argue that defending human rights on the backs of animals is philosophically suspect and politically self-defeating.     

Victims' Stories: A Call to Care

In her book Victims' Stories and the Advancement of Human Rights, Diana Meyers offers a careful analysis of victims' stories as a narrative genre, and she argues that stories in this genre function as a call to care: they both depict a moral void and issue a moral demand, thereby fostering the development of a culture of human rights. This article, while finding Meyers's articulation of this idea compelling, questions Meyers's account of how victims' stories do their moral work. Whereas Meyers argues that victims' stories are complete narratives, characterized by a distinctive form of closure, it suggests that the moral power of victims' stories may lie in part in their open‐endedness or lack of closure. In telling their stories, victims engage their audiences in a new moral relationship and implicitly give them a role to play in bringing about the moral (and narrative) closure they seek.     

Terrorist Suspect Religious Identity and Public Support for Harsh Interrogation and Detention Practices

Does the U.S. public's support for the use of harsh interrogation and detention practices against terrorism suspects depend upon the religious identity of the alleged perpetrators? Some scholarly research indicates greater public acceptance for abridging the rights of Muslims after 9/11. This is consistent with literature suggesting that heightened perception of threat decreases popular tolerance for racial, ethnic, and religious outgroups. This study executes a survey experiment and finds respondents to be more permissive of the use of extraordinary detention practices, such as indefinite detention and denying suspects access to legal counsel and civilian criminal courts, against terror suspects identified as Muslims. Furthermore, the study reveals that respondents are significantly less likely to treat domestic, right‐wing terrorist suspects with extraordinary detention, suggesting ingroup leniency.     

The Option for Life

In today's Anthropocene, the reality of our growing global population, with its requirement of and strain upon the natural world, and our grave projected ecological outlook pose new challenges for Christian ethicists. How can both people and the earth flourish? Discussed within the context of theological and secular reflections on natural law, this article proposes one answer to such a question through a recasting of the human right to nature by way of a deep and wide understanding of vocation. Using Luther as a prototype who demonstrates the innate value of all life forms and offers an innovative working concept of vocation, it is here shown how an emphasis on vocation, when extended ecologically, can promote the option of life for all.     

The protection of patients’ rights in clinical trials

The Helsinki Declaration is a very important document regarding the protection of patients’ rights in clinical trials and one of the fundamental sources of operational principles for every ethics committee. Although they have been updated, the international guidelines for ethics committees continually fail to address certain issues pertaining to the protection of patients’ rights in clinical trials. These issues include, most significantly, the method of electing ethics committees (a free, secret ballot should be preferred to direct appointment), the avoidance of conflict of interest during the election of ethics committee members, and the necessary insurance coverage for the participants of clinical trials. Polish law should, on the other hand, be developed in such way as to not limit the effectiveness of ethics committees in protecting patients’ rights in clinical trials. The ideal solution would be to draft a uniform law concerning not only clinical trials, but all medical experiments. The opinions of experts who have been reviewing medical research projects for several years may prove to be especially valuable in this setting. This paper was presented at the 6th International Bioethics Conference on the subject of ‘The Responsible Conduct of Basic and Clinical Research’, held in Warsaw, Poland, 3–4 June 2005. The author is Chairman, Bioethics Committee of the Warsaw Regional Chamber of Physicians and Dentists.     

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.