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 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.     

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.     

Legal realism and human rights

This essay uses Schmitt's work to cast new light on the relevance of the American legal tradition known as ‘legal realism’ for the history and analysis of human rights. It does so by exploring several of Schmitt's most famous criticisms of international law and human rights, and then suggests how they might correspond with a widespread critical legal tradition in the 1920s and 1930s. This essay describes in detail two fundamental features of this tradition: historicism and realism. It concludes by suggesting that a return to some of these earlier law writers and texts might be a more substantive way to develop a constructive critical position in the fields of human rights and international law than an overreliance on the politically provocative (and problematic) rhetorical flourishes of Carl Schmitt.     

Legal realism and human rights

This essay uses Schmitt's work to cast new light on the relevance of the American legal tradition known as ‘legal realism’ for the history and analysis of human rights. It does so by exploring several of Schmitt's most famous criticisms of international law and human rights, and then suggests how they might correspond with a widespread critical legal tradition in the 1920s and 1930s. This essay describes in detail two fundamental features of this tradition: historicism and realism. It concludes by suggesting that a return to some of these earlier law writers and texts might be a more substantive way to develop a constructive critical position in the fields of human rights and international law than an overreliance on the politically provocative (and problematic) rhetorical flourishes of Carl Schmitt.     

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 irrelevance and (new) relevance of religion in Australian elections

This article assesses religion and voting in Australia since 1987 and examines how Tony Abbott's status as Liberal leader corresponded with changes in leader evaluations and voting, and with significant changes in Australian parties and the electorate. Religious attendance became associated more strongly with Liberal voting in 2010. Catholics voted Liberal significantly more from 2010, in significantly higher numbers they viewed the Liberal leader more positively in 2013, and they viewed the Labor leader significantly less so. Evaluations of Abbott were structured by attitudes about abortion and same-sex marriage, whereas evaluations of Kevin Rudd were not. The article discusses how these results are not unique to Australia, but fit patterns observed with centre-right parties in other western democracies.

本文考察了1987年以来的宗教和投票,并研究了托尼·阿伯特作为自由党党首如何应对在党首评价及投票方面的变化,以及澳大利亚政党和选举上的重大变化。宗教的参与和2010年的自由党投票关系密切。而自2010年起,天主教徒明显地更多投自由党的票;2013年更多天主教徒对自由党领导人做正面评价;他们对工党领导人评价就要低得多。对阿伯特的评价主要取决于堕胎和同性结婚问题,而对陆克文的评价则不是这样。本文讨论了为什么这样的结果并不是澳大利亚的独特现象,其他中右翼当政的西方民主国家也是这样。     

谈新形势下散居少数民族合法权益法制保障问题

散居少数民族包括居住在民族自治地方以外的少数民族和居住在民族自治地方以内但不实行区域自治的少数民族.随着城市化、工业化进程的加快.少数民族人口日益散居化已经成为我国社会转型和发展的一小新趋势.当前我国散居少数民族权益法制保障建设相对滞后,侵害散居少数民族公民权益的现象和矛盾时有发生,迫切需要加强散居少数民族权益的立法保障、行政保障、司法保障、监督保障等保障机制建设,切实维护散居少数民族的合法权益.     

Internet freedom,human rights and power

Internet freedom is rapidly becoming understood as a normative framework for how the Internet should function and be used globally. Recently declared a human right by the United Nations, it also forms a central pillar of the USA's 21st Century Statecraft foreign policy doctrine. This article argues that although there is a clear human rights agenda present in this policy, there is also a power element which is much less discussed or acknowledged in the vast literature on Internet freedom. Through an exploration of both a short history and some important lessons learned about Internet freedom, this article demonstrates how the US Department of State has adapted to the information age in such a way as to harness individual agency (reconceptualised in policy terms as ‘civilian power’) for the promotion of state power. Although this is by no means as stable or reliable as some more conventional mechanisms, it is an expression of power that meets with few challenges to its legitimacy.