Pennsylvania Studies in Human Rights

Скачать книги из серии Pennsylvania Studies in Human Rights


    Power, Suffering, and the Struggle for Dignity

    Alicia Ely Yamin

    Directed at a diverse audience of students, legal and public health practitioners, and anyone interested in understanding what human rights-based approaches (HRBAs) to health and development mean and why they matter, Power, Suffering, and the Struggle for Dignity provides a solid foundation for comprehending what a human rights framework implies and the potential for social transformation it entails. Applying a human rights framework to health demands that we think about our own suffering and that of others, as well as the fundamental causes of that suffering. What is our agency as human subjects with rights and dignity, and what prevents us from acting in certain circumstances? What roles are played by others in decisions that affect our health? How do we determine whether what we may see as «natural» is actually the result of mutable, human policies and practices? Alicia Ely Yamin couples theory with personal examples of HRBAs at work and shows the impact they have had on people's lives and health outcomes. Analyzing the successes of and challenges to using human rights frameworks for health, Yamin charts what can be learned from these experiences, from conceptualization to implementation, setting out explicit assumptions about how we can create social transformation. The ultimate concern of Power, Suffering, and the Struggle for Dignity is to promote movement from analysis to action, so that we can begin to use human rights frameworks to effect meaningful social change in global health, and beyond.

    Human Rights as War by Other Means

    Jennifer Curtis

    Following the 1998 peace agreement in Northern Ireland, political violence has dramatically declined and the region has been promoted as a model for peacemaking. Human rights discourse has played an ongoing role in the process but not simply as the means to promote peace. The language can also become a weapon as it is appropriated and adapted by different interest groups to pursue social, economic, and political objectives. Indeed, as violence still periodically breaks out and some ethnocommunal and class-based divisions have deepened, it is clear that the progression from human rights violations to human rights protections is neither inevitable nor smooth. Human Rights as War by Other Means traces the use of rights discourse in Northern Ireland's politics from the local civil rights campaigns of the 1960s to present-day activism for truth recovery and LGBT equality. Combining firsthand ethnographic reportage with historical research, Jennifer Curtis analyzes how rights discourse came to permeate grassroots politics and activism, how it transformed those politics, and how rights discourse was in turn transformed. This ethnographic history foregrounds the stories of ordinary people in Northern Ireland who embraced different rights politics and laws to conduct, conclude, and, in some ways, continue the conflict—a complex portrait that challenges the dominant postconflict narrative of political and social abuses vanquished by a collective commitment to human rights. As Curtis demonstrates, failure to critique the appropriation of rights discourse in the peace process perpetuates perilous conditions for a fragile peace and generates flawed prescriptions for other conflicts.

    Searching for Normal in the Wake of the Liberian War

    Sharon Alane Abramowitz

    At the end of Liberia's thirteen-year civil war, the devastated population struggled to rebuild their country and come to terms with their experiences of violence. During the first decade of postwar reconstruction, hundreds of humanitarian organizations created programs that were intended to heal trauma, prevent gendered violence, rehabilitate former soldiers, and provide psychosocial care to the transitioning populace. But the implementation of these programs was not always suited to the specific mental health needs of the population or easily reconciled with the broader aims of reconstruction and humanitarian peacekeeping, and psychiatric treatment was sometimes ignored or unevenly integrated into postconflict humanitarian health care delivery. Searching for Normal in the Wake of the Liberian War explores the human experience of the massive apparatus of trauma-healing and psychosocial interventions during the first five years of postwar reconstruction. Sharon Alane Abramowitz draws on extensive fieldwork among the government officials, humanitarian leaders, and an often-overlooked population of Liberian NGO employees to examine the structure and impact of the mental health care interventions, in particular the ways they were promised to work with peacekeeping and reconstruction, and how the reach and effectiveness of these promises can be measured. From this courageous ethnography emerges a geography of trauma and the ways it shapes the lives of those who give and receive care in postwar Liberia.

    Migrant Youth, Transnational Families, and the State

    Lauren Heidbrink

    Each year, more than half a million migrant children journey from countries around the globe and enter the United States with no lawful immigration status; many of them have no parent or legal guardian to provide care and custody. Yet little is known about their experiences in a nation that may simultaneously shelter children while initiating proceedings to deport them, nor about their safety or well-being if repatriated. Migrant Youth, Transnational Families, and the State examines the draconian immigration policies that detain unaccompanied migrant children and draws on U.S. historical, political, legal, and institutional practices to contextualize the lives of children and youth as they move through federal detention facilities, immigration and family courts, federal foster care programs, and their communities across the United States and Central America. Through interviews with children and their families, attorneys, social workers, policy-makers, law enforcement, and diplomats, anthropologist Lauren Heidbrink foregrounds the voices of migrant children and youth who must navigate the legal and emotional terrain of U.S. immigration policy. Cast as victims by humanitarian organizations and delinquents by law enforcement, these unauthorized minors challenge Western constructions of child dependence and family structure. Heidbrink illuminates the enduring effects of immigration enforcement on its young charges, their families, and the state, ultimately questioning whose interests drive decisions about the care and custody of migrant youth.

    Chains of Justice

    Sonia Cardenas

    Democracy Without Justice in Spain

    Omar G. Encarnacion

    Spain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain's national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for the peaceful emergence of a democratic state, one with remarkable political stability and even a reputation as a trailblazer for the national rights and protections of minority groups. Omar G. Encarnación examines the factors in Spanish political history that made the Pact of Forgetting possible, tracing the challenges and consequences of sustaining the agreement until its dramatic reversal with the 2007 Law of Historical Memory. The combined forces of a collective will to avoid revisiting the traumas of a difficult and painful past and the reliance on the reformed political institutions of the old regime to anchor the democratic transition created a climate conducive to forgetting. At the same time, the political movement to forget encouraged the embrace of a new national identity as a modern and democratic European state. Demonstrating the surprising compatibility of forgetting and democracy, Democratization Without Justice in Spain offers a crucial counterexample to the transitional justice movement. The refusal to confront and redress the past did not inhibit the rise of a successful democracy in Spain; on the contrary, by leaving the past behind, Spain chose not to repeat it.