The Universal Declaration of Human Rights at 70: protection of human rights in Australia*

This commentary reflects on the legacy of the Universal Declaration of Human Rights on its 70th anniversary, in terms of the protection of human rights within Australia. I reflect on Australia’s failure to implement domestically the terms of the two founding Covenants, and the resulting piecemeal protections that exist for human rights. I finish by considering the growing complexities in understanding human rights, responsibilities, and limits.     

The dark side of human rights1

Edmund Burke argued that abstract or universal rights to food and medicine were less valuable than the aid of ‘the farmer and the physician’. His point remains unanswered. Human rights receive universal lip service, but their status and justification remain murky. From one view they are universal requirements matched by counterpart universal obligations: but if so they cannot be defined or created by international Covenants. From another view they are defined by convention and have force only when states ratify international Covenants: but if so, they are not universal. This matters particularly for rights to goods and services, such as rights to food and health care. These rights require the active collaboration of those who are to deliver needed goods and services: yet this active engagement is endangered by imposing overly complex requirements in the name of compliance with human rights. Excessive demands for compliance, and excessive emphasis on complaint, compensation and blame as remedies for non‐compliance, endanger the effective contribution of the farmer and the physician, and of others on whom the provision of needed goods and services most depends.     

Bodil Begtrup and the Universal Declaration of Human Rights: individual agency,transnationalism and intergovernmentalism in early UN human rights

The article investigates the individual agency of the little studied transnational, Bodil Begtrup, in the subfields of women's and minority rights, and refugee and asylum policy. Begtrup fulfilled many roles – as state representative, expert advisor, member of the United Nations' Commission on the Status of Women, and president of a national NGO. This article shows how Begtrup enjoyed wide room for manoeuvre in the subfield of women's rights, and acted in this as a transnational norm entrepreneur and process entrepreneur advocating women's rights as an integral part of human rights and forging the change of the institutional design of the UN human rights institutions. In the subfield of minority rights, refugee and asylum policy, Begtrup acted under tight governmental control because the issue at hand was subject to national interest and domestic party politics. Her agency in the two subfields shows how internationalism was a predominant feature in the early shaping of UN human rights. Transnationalism occurred when the subfield in question was not affected by national interest.     

The nationalisation of the human rights debate in Egypt

ABSTRACT. The study of nationalism in Egypt has often focused on Arab nationalism and its relevance to the post‐colonial state building process. The current article shifts the focus to the Egyptian state's strategic use of nationalism as a mechanism for survival and for shoring up its failing legitimacy. In particular, the case of the human rights debate is chosen to show the regime's most recent attempt to ‘nationalise’ a rising movement which promotes universalism and poses a threat to the notion of the nation's homogeneity. By misrepresenting human rights organisations as mouthpieces of Western imperialist powers, the regime has managed to create an image of these organisations as posing a threat to Egypt's national security and undermining its international ‘reputation’. More recently, however, the state has refined its discourse on human rights by promoting an image whereby it is the ‘official agent’ of a more nationalistically defined human rights movement.     

Peace through the lens of human rights: Mapping spaces of peace in the advocacy of Colombian human rights defenders

What kinds of peace do human rights defenders advocate? This question has become controversial in light of heavy criticisms raised against the scholarly paradigm that peace and human rights are co-constitutive universals. In this article, I explore how Colombian human rights defenders navigate potential tensions, erasures, and vested politics in their peace advocacy during the current peace process with the FARC-EP. I follow the trend in the geographies of peace literature to study the articulation of peace with human rights as situated and constitutive practices. My analysis of published activist statements maps out the discursivity of peace advocacy, that is, how human rights defenders articulate different political demands as interconnected conditions for peace and maintain a common activist space that cuts across the uneven geographies of violence in Colombia. The visualization of my results as discursive networks shows how activist practices open social and discursive spaces that integrate multiple understandings of peace, instead of obliterating differences in a single and homogenized, ‘local’ representation of peace. I further submit that elucidating how human rights defenders address peace beyond the end of guerrilla insurgency, the ambiguous role of the state, societal discrimination, and structural transformations helps us nuancing conceptual debates. We can learn from Colombian activists to move beyond rigid conceptual juxtapositions of human rights as either panacea or liberal fuel for conflict and to pay attention to how concepts are animated in political struggles to end violence.     

The HIV/AIDS pandemic: human rights,societal, and developmental issues

Abstract

This paper quotes examples from the long list of past and contemporary national accords that have linked health to human rights. It describes the dimensions and urgency of the global threat posed by the current HIV/AIDS pandemic and its continuing global acceleration, and suggests that it is failure to address the associated societal, human rights, educational, poverty, and related issues that accounts for the failure to contain it. Stressing the essential nexus between these issues and the pandemic, it is pointed out that they are most pressing in those countries in which the pandemic is spreading most rapidly, that concurrent national or international strategies to deal with them would be essential prerequisites for the success of any HIV/AIDS control programme, and that success will call for wide international collaboration and response. Recent international action on HIV/AIDS is reviewed, including the Geneva (1998) and Durban (2000) meetings of international health planners and drug manufacturers, the Cologne (1999) and Okinawa (2000) meetings of leaders of the G8 countries, and the enactment by President Clinton (2000) of the Global AIDS and Tuberculosis Relief Act. In conclusion it is stated that in spite of the urgency of the need for such international action, there are still roles for special interest community groups and for governmental and non-governmental organisations. And, while it is recognised that educational campaigns by such groups are liable to run up against entrenched taboos or conflicting cultural norms, it is acknowledged that the significant drops in infection rates recently achieved in Senegal and Uganda are evidence that such campaigns, appropriately structured, vigorously administered, and promoting the appropriate societal transformations, can work. Finally, likely roles for youth led, peer directed educational initiatives are recognised.     

A gendered human rights analysis of Ebola and Zika: locating gender in global health emergencies

Globally gender remains a key factor in differing health outcomes for men and women. This article analyses the particular relevance of gender for debates about global health and the role for international human rights law in supporting improved health outcomes during public health emergencies. Looking specifically at the recent Ebola and Zika outbreaks, what we find particularly troubling in both cases is the paucity of engagement with human rights language and the diverse backgrounds of women in these locations of crisis, when women‐specific advice was being issued. We find the lessons that should have been learnt from the Ebola experience have not been applied in the Zika outbreak and there remains a disconnect between the international public health advice being issued and the experience of pervasive structural gender inequalities among those experiencing the crises. In both cases we find that responses at the outbreak of the crisis presume that women have economic, social or regulatory options to exercise the autonomy contained in international advice. The problem in the case of both Ebola and Zika has been that leaving structural gender inequalities out of the crisis response has further compounded those inequalities. The article argues for a contextual human rights analysis that takes into account gender as a social and economic determinant of health.     

The modernizing bias of human rights: stories of mass killings and genocide in Central America

This article analyses selected cases of mass killings and genocide during the civil wars in El Salvador and Guatemala in the 1980s and the way in which the truth commissions in both countries reframed locally grounded narratives to fit the state-centred language of human rights. Redefining wrongdoings as human rights violations produces stories that communicate poorly with local worldviews because the 'truths' that human rights language proposes disregard local realities and transform local conflicts into a type of 'modern', nationwide struggles. Thus, while the concept of genocide might capture well the horrendous nature of a mass killing, it will also ethnify the conflict. Comparisons between local readings and human rights-based reinterpretations reveal a 'modernizing' or 'Westernizing' bias of international law; the article argues for more awareness about such effects in analysis as well as in policy-making.