UNIVERSAL HUMAN RIGHTS IN THEORY AND PRACTICE PDF
In a thoroughly revised edition of Universal Human Rights in Theory and Practice . (more than half of the material is new), Jack Donnelly elaborates a theory of. This book aims to explicate and defend an account of human rights as universal rights. I do not, however, argue that human rights are timeless, unchanging. Request PDF on ResearchGate | Universal Human Rights in Theory and Practice | El autor de esta obra explica y defiende los derechos humanos como.
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Ja Donnelly. Universal Human Rights in eory and Practice. Ithaca: Cornell University Press, x + pp. $ (cloth), ISBN ;. Universal Human Rights In Theory And Practice [PDF] [EPUB] Jack Donnelly, University of. Denver Sun, 31 Mar GMT (PDF) Liberalism, Human. This books (Universal Human Rights in Theory and Practice [DOWNLOAD]) Made by Jack Donnelly About Books Title: Universal Human.
Acceptability Within Household Level —Equitable utilization of food requires attention to food acceptability, focusing on culturally appropriate foods for necessary health outcomes and acknowledging the particularized nutrition needs for the health of vulnerable populations including among pregnant and nursing women, children, and the elderly.
Universal human rights in theory and practice
This focus on nutrition through attention to the adequacy of food links a right to food and nutrition security to both the right to food and the right to health. As an intersectional right that implicates food as a basis for health, it is necessary to look beyond a mere right to subsistence through a minimum number of calories and examine the larger issues of quality through nutritional standards [ 75 ].
This intersectional conceptualization brings into focus underlying determinants of health resulting from food and nutrition security: providing proper nutrition for physical and mental development and the prevention of diseases caused or abetted by malnutrition—either undernutrition, nutrient deficiency, or overnutrition.
As a central component of human dignity, food and nutrition security can empower households to look beyond the uncertainty of hunger and malnutrition through government obligations to secure the conditions for a healthy, energized life. From human rights to state obligations, the realization of a right to food for the protection of food and nutrition security under international law necessitates intersectional national policies.
By upholding the rights of producers, food sovereignty serves as a precondition for the right to food [ 76 ] and provides a basis by which states can be resilient in adjusting to global disruptions in food production and distribution. Such a shift toward national control over food systems implicates the need to translate the development of a right to food and nutrition security under international law into the implementation of this intersectional right through national policy [ 77 ].
Recommendations Recognizing the limitations of international law in affecting the practice of national governments, this section explores and recommends avenues through which human rights obligations could be translated into national laws, policies, and programs, thereby operationalizing international law at the domestic level to address food and nutrition insecurity. Domesticating international law through national policy The development of a human right to food and nutrition security under international law has codified an imperative to implement human rights in food insecurity policy.
Where international law has no direct or self-executing effect on national governments, it becomes necessary to operationalize state human rights obligations through national laws, policies, and programs. In focusing states on the link between adequate food and disease prevention, Guideline 10 Nutrition encourages states to address food security through healthy eating habits, thereby preventing malnutrition, overconsumption, and unbalanced diets [ 73 ].
The WFP Nutrition Policy approved in includes previous policies on nutrition topics and strategies through which the WFP engages in nutrition, outlining nutrition-specific and nutrition-sensitive programs [ 83 ].
The range of international legal and practical guidance instruments available at the international level provide states with a basis on which to build a human rights-based and sound implementation approach to addressing food and nutrition insecurity at the national level.
Recently, the World Health Assembly issued guidance on the importance of abiding by international obligations, as Member States look to undertake measures to combat the inappropriate marketing of foods. Domestication of international law can be accomplished through national constitutions, courts, and legislation. National Constitutions—National constitutions are important vehicles for formally recognizing the rights to food and health at the domestic level.
The Ecuadorian State will recognize and guarantee the right to food sovereignty. Article 15 Provision of Basic Necessities recognizes both food and medical care as basic necessities of life.
Thus, constitutions are keys to not only raising food security to an individual entitlement but also expanding its definition as such. Such constitutional provisions create the necessary foundation for the development or reform of national policies and legislation for the promotion of food and nutrition security.
National Legislation—National legislation is critical to domestically implementing international law, especially where treaties are not automatically incorporated into domestic law and require specific legislative action to given treaty provisions legally binding effect. Accordingly, human rights-based protection of food and nutrition security requires that states harmonize their national laws in accordance with international standards and their own domestic context. In this manner, implementing legislation serves as the bedrock from which strong policies and the necessary programs to improve food and nutrition security can be developed.
It is worth noting that the use of innovative approaches, such as social epidemiological profiles, can help support the application of human rights to domestic legislation in a more practical manner by going beyond the traditional age, sex, or socio-economic status and capturing the related health factors or demographic characteristics that more accurately reveal the unmet needs of populations affected by food insecurity [ 92 ].
Litigation—Litigation can serve as an important avenue for the vindication of human rights and as a mechanism through which the justiciability of the right to food is realized and can be claimed individually and collectively.
While not as expansive as that of the right to health, right to food jurisprudence has been developed. The Indian Supreme Court, in particular, has not been shy about acknowledging the existence of right to food in its case law despite the lack of an explicit constitutional protection of the right to food [ 93 — 95 ]. State of Orissa, the Court recognized the right to food as part of the right to life, enshrined under Article 21 of the Indian Constitution.
Hence, these national legal avenues are critical to driving the implementation of international standards forward, imploring duty bearers to take action as a result of legal action framed in the language of a justiciable right to food, and to allowing for improved responses to food and nutrition insecurity on the ground.
Human rights treaty bodies monitor state implementation of the international human rights treaties, facilitating accountability for rights realization through their formal review of state reports, constructive dialog with state delegations, and concluding observations on state obligations.
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Comprised of independent experts, who are elected in their individual capacity rather than as representatives of their states, treaty bodies have international legal authority to assess whether state parties are implementing their treaty obligations [ 96 ]. In addition to clarifying treaty provisions through general comments, recommendations, or statements [ 97 ], these treaty bodies also review state reports on the implementation of rights within their monitoring purview [ 98 ].
All core human rights treaties require that states report regularly on the steps they have taken to implement their duties [ 99 ] and the goal for these reports is not only to assess the implementation of rights but also to bring about the opportunity to debate these human rights within the country. Through the findings of these reports, the treaty body engages in constructive dialog with the state and issues concluding observations or recommendations.
These treaty body authorities influence states and galvanize advocates to take action to realize rights, with subsequent state reports seen to respond to issues raised in previous concluding observations [ , ]. At the intersection of the right to food and the right to health, the right to food and nutrition security has been addressed principally by the CESCR, the Committee on the Rights of the Child, and the Committee on the Elimination of All Forms of Discrimination Against Women.
Where state reports regularly discussed assessment of nutrition-related health indicators, fortification, and breastfeeding promotion—as assessing realization of a right to food through quantity of calories is easier to report and analyze than measuring the nutritional food content necessary for disease prevention and health promotion—states have begun to report on policies for the progressive realization of rights related to food and nutrition security, with states seen to report on the quality of food through: infrastructural improvements [ ], food safety programs [ ], healthy food policies [ , ], and food support for women and young children [ ].
Complemented by the ICESCR Optional Protocol, developing a supranational individual complaint mechanism under the CESCR, the role of treaty bodies will prove increasingly relevant to implementation and accountability for a right to food and nutrition security [ ]. These binding obligations are reinforced by a growing architecture of monitoring mechanisms in the UN system.
The Universal Periodic Reporting UPR process and the country missions of the special rapporteurs provide mechanisms to facilitate accountability for state implementation efforts to progressively realize a right to food and nutrition security. These efforts have been recently reinforced by the adoption of the Agenda for Sustainable Development. This commitment supports the monitoring infrastructure of a right to food and nutrition security by emphasizing cross-sectoral goals based on the rights to food and health, as well as a broader recognition of the role of human rights in accomplishing the Sustainable Development Goals SDGs.
Statements and resolutions by the Secretary-General [ ] and the General Assembly [ ] of the United Nations, as well as the presentation of the first 22 voluntary country reports in the SDG era [ ], show continued international commitment to national monitoring.
Considering the wide range of international and national accountability mechanisms, it is important to underscore the importance of civil society in facilitating accountability for food and nutrition security and their role as partners providing expert technical capacity and financial support within countries.
Civil society actors engage in a variety of activities at both the national and international levels that must not be overlooked: pressuring governments through advocacy efforts to comply with international human rights obligations, monitoring this compliance, investigating the human rights situation, providing data, and litigation. States are expected to specifically provide for collaboration with civil society, among other sectors, in its right to food framework legislation [ 61 ]. NGOs can thus play a critical role in furthering the protection of human rights and fostering accountability intersection obligations pursuant to the right to food and nutrition security.
Conclusion Food and nutrition security is central to individual dignity and foundational to the enjoyment of human rights. As climate change exacerbates food and nutrition insecurity, negatively impacting the health of the most vulnerable, climate change adaptation strategies must address the rights to food and health [ 28 ], protecting the well-being of disproportionally affected populations by adopting a human rights-based approach to food and nutrition security.
This approach opens a series of international legal mechanisms through which food and nutrition insecurity can be addressed.
Both the nature of the issue and the human rights-based approach call for complex interventions that involve a wide range of actors, including governments, affected populations, civil society, human rights ombudspersons, academics, international organizations, and the private sector that can together work toward the effective domestication of international standards for promoting food and nutrition security and thus ensuring better health outcomes for those affected.
Where HIV prevention policy is implemented, such public health interventions are framed on the basis of economic efficiency and political feasibility rather than under the aegis of human rights Holmes et al. Where human rights fulfillment is considered, the right to health is applied overwhelmingly to individual treatment Gruskin et al.
This section describes how rights-based global health governance developed normatively to create collective obligations for prevention but came to be implemented programmatically through an individual right to treatment. As governments responded reflexively to this emergent threat through traditional public health policies—including compulsory testing, named reporting, travel restrictions and isolation or quarantine—human rights were seen as a reaction to intrusive public health infringements on individual liberty and a bond for stigma-induced cohesion among HIV-positive activists Curran et al.
Drawn explicitly from this human rights framework, national risk reduction policies came to stress the need for interventions to respect and protect human rights as a means to achieve the individual behavior change that was thought to be necessary to reduce HIV transmission WHO, ; Special Rapporteur of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, ; Mann and Tarantola, With recognition of these underlying determinants of HIV, Mann cautioned that the disease would inevitably descend the social gradient, calling for rights-based consideration of socioeconomic, racial and gender disparities in abetting the spread of HIV Mann, Through social scientific examination of the collective determinants of vulnerability to HIV infection—challenging the paradigm of complete individual control over health behaviors, a central premise of the individual rights framework—the health and human rights movement could shift from its early focus on the conflicts between public health goals and individual human rights Scheper-Hughes, ; Gruskin et al.
Seen from a deductive transcendental approach, all forms of legitimate positive domestic and international law, whether civil, criminal, or constitutional, depend on a transcendental anthropology that constitutes the basis of the idea of human dignity.
Of course, this does not apply to the system of right in general: human rights, from which civil rights are derived by way of a philosophical justification, can only be considered to be a part of natural law, next to animal rights and the rights of other living and even non-living creatures. What natural law means is of course highly controversial Lohmann , , but I am assuming that these rights are inherent in the idea of things as phenomena in nature.
They belong to living nature: to animals because of their animal nature, to humans because of their human nature. Natural law is therefore not based on empirical grounds but on the idea expressed by these natural objects.
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When Kant uses the expression of natural law in his Metaphysics of Customs, he means laws that can be known by reason as being a priori A To Kant, man is a citizen of two worlds the phenomenal and the transcendental. As inhabitants of both worlds, we are persons. These are beings capable of reflecting on the principle of morality that guides their actions and are thus able to discover what Kant calls the categorical imperative.
To become moral, an individual, a group or mankind in general has to develop this inner ability of self-reflection. Things are considered to be both conceived by a mind and expressing a non-empirical deeper reality.
They are not just empirical things; they are an inner activity in which imperceptible forces, laws, ends, intentions, volitions, etc. Hegel conceives the system of right both as manifesting itself in the individual Sittlichkeit des Individuums and in a totality, as an absolute system of right absolute Sittlichkeit, The Idea of Totality according to Hegel floats levitates over the different development stages of the natural world More exactly, the system of right does not levitate above things, it constitutes the inner part of things.
In the preamble and in the first two articles of the Declaration, there are hints pointing towards what in traditional philosophy is called natural law, since it is acknowledged that the rights considered in the Declaration have their basis in a general human nature. The formulation of the preamble and the first two articles do not leave much room for positivistic, pragmatic and sceptical interpretations of human rights.
This shift of the adjective in the title would show that the universality of the Declaration is ultimately not derived from procedural or consensual grounds alien to the idea of transcendental natural law.
Transposing the adjective would reveal that the Declaration is not just an agreement, but that it presupposes philosophical grounds locating human rights in a hierarchical structure of transcendental principles.
An important disadvantage of all theoretical approaches based on pragmatic and consensual grounds is that they randomly stop the discursive foundational process and provide no insight into the hierarchical structure of law the system of right.
When law is based on mere agreement—as the consensual pragmatists claim, or on power decisions as the postmodernists do—then the connection between the different hierarchical layers of law becomes arbitrary. In a transcendental approach, human rights would turn out to be a subordinate part of natural law, and institutionalized rights positive law would turn out to be subordinated to transcendental human rights, which constitute the basis of any possible declaration concerning the rights of human beings.
The natural law theory I am proposing here is a transcendental one, based on an essence analysis of phenomenal things. Human rights are based on a transcendental anthropology that elucidates the dignity of mankind. This anthropology should be constructed in such a way that all possible human rights might be derived from it following a specific order.
Within the scope of this paper, I cannot enter into specific discussions related to other proposals of transcendental anthropology. As I have discussed above, the differentia specifica of humans is personhood. This is a being potentially having a complex and developed dialogical capacity. The existence of personhood is something we cannot deny without implicitly recognizing its existence. Indeed, it would in fact imply a pragmatic contradiction to deny personhood, since we declare ourselves to be persons from the moment we speak.
The rights of humans are rights guaranteeing the possibility of developing this inner potentiality of personhood.
They support the existence of institutional layers enabling persons to develop their individual personalities.
Human rights were developed in a historical process of thought that Hans Joas, following Ernst Troeltsch , describes as the sacralisation of the person, for which religious developments such as Christianity were crucial , Notwithstanding important differences between Hegel and Popper, both emphasize the fact that humans are a unity of three dimensions: body sensitivity , consciousness psyche and rational self-awareness self-reflection or spirit.
World 1 refers to man as an object in the world, as a living sentient being, world 2 refers to the world of psychological states, and world 3 is about the products of the mind and thus of intersubjective and cultural products more than of personal self-reflection Popper and Eccles , 36— Conversely, becoming a community is like being self-conscious since we become able to mirror ourselves in the other.
The three dimensions of personhood of course also involve three types of needs, but if we had started with particular empirical needs, this would have implied a naturalistic fallacy since we cannot distil norms or rights from mere empirical facts. I have therefore first reconstructed the essence of man, the layers of the a priori idea of personhood, to which our primary needs can be related.
The transcendental rights of man can be summarized in a table using x-y coordinates deploying on the one hand the core elements of personhood and on the other the worlds involved by it. The Table of Transcendental Human Rights It is important to recognize that despite the many differences between existing positions in transcendental anthropology, none of them can get away from the importance of these three layers of personhood.
In Table 1 , I have schematically visualized transcendental rights that originate from the philosophical anthropology discussed above and the fundamental right to personhood implied by it, which means that our human essence implies a set of fundamental rights.
The three dimensions of personhood also involve specific needs, as I said above, but these needs cannot be taken as mere empirical facts since they are here part of the essence of personhood.
The separation of mental and spiritual needs might not at first glance be immediately obvious.
The difference becomes clear as soon as their corresponding rights are considered—which are shown in rows 2 and 3. Table 1 Open image in new window In the first white column, we encounter all those transcendental rights right to nourishment, to freedom and to duty that constitute the basic essence of personhood, unpacked as objective nature the sentient body , subjective mind the psyche and objective spirit our consciousness objectivizing itself.
Starting from the horizontal reading of the table, the idea is that if these natural basic rights of personhood were lacking, then the rights of columns 2 and 3 could not seriously be developed. The right to nourishment cell 1 constitutes the basic condition of all rights related to our physical nature: It makes no sense to guarantee the right to housing and to health cells 2 and 3 if the right to nourishment subsistence was not acknowledged in the first place.
The right to freedom cell 4 constitutes the basic condition of all rights related to our psyche. It is the central right of our inner life. If there were no freedom, then learning cell 5 and communicating cell 6 would lose their value: It makes no sense to acknowledge the right to education and to communication if the right to freedom is ignored.
The right to education and the right to express oneself are both extensions of human freedom. The right to duty the right to exercise our duty—cell 7 constitutes the basic condition of all rights related to our spiritual nature.
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Duty is the cornerstone of the self-conscious spirit and necessary for the development of morality. Self-consciousness links every right to a specific duty. A feeling of duty arises when consciousness is aware of itself and its tasks. As between freedom and consciousness, there also exists a natural connection between self-consciousness and duty. Once the subject is conscious about itself, its own actions become a particular object of consideration.
This duty towards itself cell 7 is reflected in self-formation cell 8. The duty towards society is reflected in participation cell 9. It makes no sense to acknowledge the right to self-formation Bildung and to active participation in society, if we are impeded in the development of an active awareness of our duties. In a similar way, the transcendental rights of column 3 presuppose a serious acknowledgement of those stated in column 2: The right to health cell 3 makes no sense if the right to housing and shelter cell 2 is ignored; the right to communication cell 6 cannot be guaranteed if the right to education cell 5 is not taken seriously; and the right to democratic participation cell 9 loses all value if people are not acknowledged in their right to flourish cell 8.
A vertical reading of Table 1 shows a similar dependency. The right to duty lacks any sense if the rights to freedom cell 4 and subsistence cell 1 are ignored.
Self-formation cell 8 makes no sense without education cell 5 and a safe habitat property and shelter for the individual protecting and supporting its subjectivity cell 2.
And, political participation cell 9 cannot seriously be conceived if people have no right to health cell 3 , that is to support in the case of ill health, and if people have no right to use the means to communicate with others cell 6. In the second white column, we find those rights that strengthen or protect the individual subject. The right to shelter housing, lodging but also property—cell 2 should be taken in an extensive sense, including also, for example, the right to dress or the right to the use of things.
The right to learning cell 4 should also be understood in an extensive way and does not necessarily relate to our modern institutional educational system nor does the learning process need to be by definition intersubjective. The object of education and self-formation is always the subjectivity which constitutes our individuality.
We can learn from nature from animals for example , and life experience is also an important teacher.
The right to self-formation or development Bildung is a matter of self-awareness and self-consciousness and implies a certain circular movement self-reflection , whereas educational learning is linear, based on a continuous interiorizing of learned things. I have already mentioned the horizontal relationship between, respectively, the right to shelter, to education and to self-formation and the right to health, communication and participation. The right to healthcare cell 3 could not be guaranteed if there were no right to shelter cell 2 , developing a kind of second skin of things around the subject.
The right to communication cell 6 means nothing if there is no right to education cell 5. And, the same can be said for the right to participate in shaping society cell 9 : This would make little sense if people did not learn to make use of their right of self-formation cell 8. The vertical reading of column 2 shows that this right of self-formation very much depends on the acknowledgement of the right of education because no serious self-relation would be possible if the subject had not acquired certain basic knowledge by educational means.
People would not be able to develop if they were deprived of the possibility of learning. The right to educate our own inner world cell 4 would make little sense if there was no right to protect our subjectivity from the erosion of the physical world cell 2.
In the third white column, we find genuine intersubjective rights. The right to healthcare cell 3 primarily concerns not only our physical body but also includes the need for our psychic health to have a physical expression. The intersubjective element of this right resides in the inability of the subject to take care of itself when health is at stake.
Health is seriously compromised if it cannot be guaranteed intersubjectively. Rights related to psychological healthcare are already on the edge of cells 3 and 6 since they often imply situations of blocked communication. Our right to communication cell 6 starts with our right to bodily expression of which speech is just a form which is a first form of our right to dialogue.
It includes the right to have access to other subjects and hence to the means needed for that end. Contrary to his view, this is not the highest and most fundamental right of human beings Forst , 54 but a variation of the basic transcendental right to communication.
Communication is an act between subjects, but what is externalised here is the subject itself. The subject offers itself to others.
With the right to political participation cell 9 , the individual is acknowledged as being a co-creative member of the community.
This is a formation that is not directed towards the self but towards the community to which this self-consciousness belongs. Of course, it would make little sense to acknowledge the right to participation if there was no right to express oneself cell 6 , and it would make no sense to guarantee the right to communicate cell 6 if we were not secured in our basic right to health cell 3.Article 3, which is actually the first real article of the list, and articles 4, 5 and 25 emphasize although not exclusively rights relating to the physical condition of people.
InformationResource , genont: This focus on nutrition through attention to the adequacy of food links a right to food and nutrition security to both the right to food and the right to health. Successfully reported this slideshow. Human rights treaty bodies monitor state implementation of the international human rights treaties, facilitating accountability for rights realization through their formal review of state reports, constructive dialog with state delegations, and concluding observations on state obligations.
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