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The promotion of human rights in international politics
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This book argues for greater openness in the ways we approach human rights and international rights promotion, and in so doing brings some new understanding to old debates. Starting with the realities of abuse rather than the liberal architecture of rights, it casts human rights as a language for probing the political dimensions of suffering. Seen in this context, the predominant Western models of right generate a substantial but also problematic and not always emancipatory array of practices. These models are far from answering the questions about the nature of political community that are raised by the systemic infliction of suffering. Rather than a simple message from ‘us’ to ‘them’, then, rights promotion is a long and difficult conversation about the relationship between political organisations and suffering. Three case studies are explored: the Tiananmen Square massacre, East Timor's violent modern history and the circumstances of indigenous Australians. The purpose of these discussions is not to elaborate on a new theory of rights, but to work towards rights practices that are more responsive to the spectrum of injury that we inflict and endure.

The Future of Work among the Forcibly Displaced
Evan Easton-Calabria
and
Andreas Hackl

social protection. Platforms present themselves as mere mediators between clients and workers, or service providers and customers (while taking often significant cuts of contractors’ profit). Precarious self-employment remains the dominant reality despite several landmark legal challenges in Europe and elsewhere that redefined gig workers as employees ( European Commission, 2021 ). From an international rights perspective, however, certain fundamental principles and rights apply to all

Journal of Humanitarian Affairs
M. Anne Brown

injury. That large-scale human rights abuse is not something that happens only ‘somewhere else’ – perpetrated by other peoples or at other times, or in societies with authoritarian political structures or poverty-stricken economies, underdeveloped legal systems or immature ‘civil societies’ – is a simple point that can nevertheless prove extraordinarily difficult to grasp in practice. This case study thus considers some of the limitations of those dominant understandings of rights that mark both international rights promotion and the constitution

in Human rights and the borders of suffering
Anoshay Fazal

The context and focus of this chapter is the Indian sub-continent in the turmoil of the 1947 Partition and thus the comparative frameworks of according and denying citizenship that emerged at that time for migrant populations in Pakistan are explored. This chapter begins by reviewing the theoretical ground from which the category of the stateless individual emerges. The chapter outlines the shifting status of migrant populations throughout Pakistan’s post-colonial history; most notably the population of Afghan-origin persons residing in Pakistan over the last forty years. It does so by analysing the development of domestic legislation on identity and citizenship in Pakistan such as the Naturalization Act 1926, the Pakistan Citizenship Act 1951, and more specifically governance of Afghan refugees as ‘aliens’ under the Foreigners Act, 1946. With Pakistan as neither a party to the 1951 UN Convention relating to the Status of Refugees nor to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, the large influx of persons into Pakistan from neighbouring Afghanistan since the 1970s has been and continues to be governed through a complex array of policy measures. The chapter attempts to uncover how it is not only the lack of a formal legal conformity with international rights instruments that defines the ‘status’ of this population but also a history of geopolitics, the development of the nation-state, and the use of state apparatus (including courts) that has historically rendered certain populations effectively ‘stateless’.

in Statelessness, governance, and the problem of citizenship
M. Anne Brown

East Timor in the creation and perpetuation of a pattern of severe and embedded abuse. That failure to pay attention to concrete circumstances marked the ‘realism’ of the prevailing international attitudes on East Timor; to what extent might it also characterise the current liberal approaches? The third case study, which looks at the ‘place’ of Indigenous Australians within Australian political life, returns to a liberal rights focus – in this case not involving the language of international rights talk but rather concerning the ideals

in Human rights and the borders of suffering
Math Noortmann
and
Luke D. Graham

14 International legal personality International legal personality is an international public law status that may confer certain rights and obligations. Based on international legal personality: international rights and obligations can be obtained; other international legal persons may be held

in The basics of international law
Math Noortmann
and
Luke D. Graham

becoming increasingly important as a source of international rights and obligations. A written agreement often offers more (legal) certainty than customary law. On the other hand, treaties are less easy to adapt. A treaty can be defined as: an international agreement; between two or more subjects of international law; legally binding

in The basics of international law
Open Access (free)
M. Anne Brown

active respect. Running through human rights practices and approaches, however, particularly in internationalrights talk’, is the dominant model, or family of models, of rights, discussed in chapter 2 . In this model, rights have been classically constructed in terms of the legally defined relationship between the individual and the state – the notional contract. Rights fulfil, in this construction, two functions. They stand as the fundamental (political) expression of the subject; and they act as those mechanisms that constrain infringements

in Human rights and the borders of suffering
Immigrant and migrant publics and the right to health
Beatrix Hoffman

addresses that question by examining how international human rights treaties on the right to health have included or excluded people who move across national borders. Both public health and international rights regimes have generally assumed that the protected subject is a citizen. Despite its foundation in the mass displacement of people following the Second World War, the United Nations was extremely slow

in Publics and their health
Terje Rasmussen

A wide range of issues that used to be considered political are increasingly being articulated as moral-legal questions of international rights and judged by international courts. With the growing influence of international conventions and courts vis-à-vis state authorities, concern has been raised from governments and political agents. 1 This is prominently the case with the European Convention of Human Rights (ECHR) and its enforcement by the court in Strasbourg (ECtHR). The court plays a

in The sociology of sovereignty