Pennsylvania Studies in Human Rights
Скачать книги из серии Pennsylvania Studies in Human RightsHuman Rights in Thailand
When the Thai state violently suppressed a massive prodemocracy protest in «Black May,» 1992, it initiated an unprecedented period in Thailand. The military, shamed and chagrined, withdrew from political life, and the democracy movement had more latitude than ever before in Thailand's history, gaining an institutional presence previously unseen. This extraordinary moment created a unique opportunity for the human rights movement to emerge, for the first time, on a national scale in Thailand. Don F. Selby examines this era of Thai political history to determine how and why the time was ripe for such developments. By placing greater emphasis on human rights as an anthropological concern, he focuses on the understandings that social actors draw from human rights struggles. He concludes that what gave emergent human rights in Thailand their shape, force, and trajectories are the ways that advocates engaged, contested, or reworked debates around Buddhism in its relationship to rule and social structure; political struggle in relation to a narrative of Thai democracy that disavowed egalitarian movements; and traditional standards of social stratification and face-saving practices. In this way, human rights ideals in Thailand emerge less from global-local translation and more as a matter of negotiation within everyday forms of sociality, morality, and politics.
Fragile Families
In the past decade, debates over immigrant rights and family rights, and accompanying concerns over birthright citizenship, have taken center stage in popular media and mainstream political debates. These debates, however, frequently overlook the role of the public child welfare system in the United States—the agency charged with protecting children and maintaining the integrity of families. Based on research conducted in the San Diego-Tijuana region between 2008 and 2012, Fragile Families tells the stories of children, parents, social workers, and legal actors enmeshed in the child welfare system, and sheds light on the particular challenges faced by the children of detained and deported non-U.S. citizen parents who are simultaneously caught up in the immigration system in this border region. Many families come into contact with child welfare services because of the precariousness of their lives—unsafe housing, unstable employment, and the conditions of violence, drug use, and domestic violence made visible by the heightened police presence in impoverished communities. Naomi Glenn-Levin Rodriguez examines the character of child welfare decision-making processes and how discretionary decisions constitute the central avenue through which race, citizenship, and other cultural processes inflect child welfare practice in a manner that disproportionately impacts Latina/o families—both undocumented and U.S. citizens. Drawing on ethnographic fieldwork to look at how immigration enforcement and child welfare play central roles in the ongoing production of citizenship, race, and national belonging, Fragile Families focuses on the everyday experiences of Latina/o families whose lives are shaped at the nexus of child welfare services and immigration enforcement.
Statelessness in the Caribbean
Without citizenship from any country, more than 10 million people worldwide are unable to enjoy the rights, freedoms, and protections that citizens of a state take for granted. They are stateless and formally belong nowhere. The stateless typically face insurmountable obstacles in their ability to be self-determining agents and are vulnerable to a variety of harms, including neglect and exploitation. Through an analysis of statelessness in the Caribbean, Kristy A. Belton argues for the reconceptualization of statelessness as a form of forced displacement. Belton argues that the stateless—those who are displaced in place—suffer similarly to those who are forcibly displaced, but unlike the latter, they are born and reside within the country that denies or deprives them of citizenship. She explains how the peculiar form of displacement experienced by the stateless often occurs under nonconflict and noncrisis conditions and within democratic regimes, all of which serve to make such people's plight less visible and consequently heightens their vulnerability. Statelessness in the Caribbean addresses a number of current issues including belonging, migration and forced displacement, the treatment and inclusion of the ethnic and racial «other,» the application of international human rights law and doctrine to local contexts, and the ability of individuals to be self-determining agents who create the conditions of their own making. Belton concludes that statelessness needs to be addressed as a matter of global distributive justice. Citizenship is not only a necessary good for an individual in a world carved into states but is also a human right and a status that should not be determined by states alone. In order to resolve their predicament, the stateless must have the right to choose to belong to the communities of their birth.
Women's Human Rights and Migration
Some of the most hotly contested international women's rights issues today arise from the movement of peoples from one country to another and the practices they purportedly bring with them. In Women's Human Rights and Migration , Sital Kalantry focuses on immigrants of Asian descent living in the United States who are believed to abort female fetuses because they do not want a female child. While sex-selective abortion is a human rights concern in India, should we, for that reason, assume that the practice undermines women's equality in the United States? Although some pro-choice feminists believe that these prohibitions on sex-selective abortion promote women's equality, other feminists fiercely oppose such laws, characterizing them as a Trojan horse in the larger pursuit to overturn the reproductive rights guaranteed by Roe v. Wade . Nearly half of state legislatures in the United States have proposed laws restricting sex-selective abortion since 2009 and nine have adopted them. Kalantry argues that traditional feminist legal theories and international human rights law fail to provide adequate guidance in examining the human rights implications of the reproductive practices of immigrant women, evidenced by the fact that both supporters and opponents ground their claims in women's equality. She advocates instead for a context-based approach that is open to the possibility that sex-selective abortion practices will have significantly different human rights implications when they emerge in different national contexts. The product of extensive empirical and interdisciplinary research, Kalantry's book investigates the actual occurrence of sex-selective abortion among Asian Americans, the social and cultural contexts in which women in the United States and India practice sex-selective abortion, and the consequences of the laws in each country for women's equality. Women's Human Rights and Migration develops a transnational feminist legal approach to examining and legislating contested acts that result from migration.
Human Rights and War Through Civilian Eyes
International lawyers and ethicists have long judged wars from the perspective of the state and its actions, developing international humanitarian law by asking such questions as «Are the belligerents justified in entering the conflict?» and «How should they conduct themselves during the war's execution?» and «When civilian noncombatants are harmed, who is responsible for their suffering?» Human Rights and War Through Civilian Eyes reimagines the ethics of war from the standpoint of its collateral victims, focusing on the effects of war on individuals—on those who are terrorized, or killed, or whose lives are violently disrupted. Upholding a human rights analysis of war, Thomas W. Smith conveys vividly the depth of human loss and the narrowing of everyday life brought about by armed conflict. Through riveting case studies of the Iraq War and the recent Gaza conflicts, Smith shows how even combatants who profess to follow the laws of war often engage in appalling violence and brutality, cutting short civilian lives, ruining economies, rending social fabrics, and collapsing public infrastructure. A focus on the human dimension of warfare makes clear the limits of international humanitarian law, and underscores how human rights perspectives increase its efficacy. At a moment when liberal states are rethinking the ethics of war as they seek to extricate themselves from unjust or unwise conflicts and taking on the responsibility to intervene to protect vulnerable people from slaughter, Human Rights and War helps us see with bracing clarity the devastating impact of war on innocent people.
The Promise of Human Rights
International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of «American exceptionalism» was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.
Human Rights in American Foreign Policy
International human rights issues perpetually highlight the tension between political interest and idealism. Over the last fifty years, the United States has labored to find an appropriate response to each new human rights crisis, balancing national and global interests as well as political and humanitarian impulses. Human Rights in American Foreign Policy explores America's international human rights policies from the Vietnam War era to the end of the Cold War. Global in scope and ambitious in scale, this book examines American responses to a broad array of human rights violations: torture and political imprisonment in South America; apartheid in South Africa; state violence in China; civil wars in Central America; persecution of Jews in the Soviet Union; movements for democracy and civil liberties in East Asia and Eastern Europe; and revolutionary political transitions in Iran, Nicaragua, and the collapsing USSR. Joe Renouard challenges the characterization of American human rights policymaking as one of inaction, hypocrisy, and double standards. Arguing that a consistent standard is impractical, he explores how policymakers and citizens have weighed the narrow pursuit of traditional national interests with the desire to promote human rights. Human Rights in American Foreign Policy renders coherent a series of disparate foreign policy decisions during a tumultuous time in world history. Ultimately the United States emerges as neither exceptionally compassionate nor unusually wicked. Rather, it is a nation that manages by turns to be cautiously pragmatic, boldly benevolent, and coldly self-interested.
International Responses to Mass Atrocities in Africa
Since the end of World War II and the founding of the United Nations, genocide, crimes against humanity and other war crimes—mass atrocities—have been explicitly illegal. When such crimes are committed, the international community has an obligation to respond: the human rights of the victims outweigh the sovereignty claims of states that engage in or allow such human rights violations. This obligation has come to be known as the responsibility to protect. Yet, parallel to this responsibility, two other related responsibilities have developed: to prosecute those responsible for the crimes, and to provide humanitarian relief to the victims—what the author calls the responsibility to palliate. Even though this rhetoric of protecting those in need is well used by the international community, its application in practice has been erratic at best. In International Responses to Mass Atrocities in Africa , Kurt Mills develops a typology of responses to mass atrocities, investigates the limitations of these responses, and calls for such responses to be implemented in a more timely and thoughtful manner. Mills considers four cases of international responses to mass atrocities—in Rwanda, the Democratic Republic of the Congo, Uganda, and Darfur—putting the cases into historical context and analyzing them according to the typology, showing how the responses interact. Although all are intended to address human suffering, they are very different types of actions and accomplish different things, over different timescales, on different orders of magnitude, and by very different types of actors. But the critical question is whether they accomplish their objectives in a mutually supportive way—and what the trade-offs in using one or more of these responses may be. By expanding the understanding of international responsibilities, Mills provides critical analysis of the possibilities for the international community to respond to humanitarian crises.
The Battle for Algeria
In The Battle for Algeria Jennifer Johnson reinterprets one of the most violent wars of decolonization: the Algerian War (1954-1962). Johnson argues that the conflict was about who—France or the National Liberation Front (FLN)—would exercise sovereignty of Algeria. The fight between the two sides was not simply a military affair; it also involved diverse and competing claims about who was positioned to better care for the Algerian people's health and welfare. Johnson focuses on French and Algerian efforts to engage one another off the physical battlefield and highlights the social dimensions of the FLN's winning strategy, which targeted the local and international arenas. Relying on Algerian sources, which make clear the centrality of health and humanitarianism to the nationalists' war effort, Johnson shows how the FLN leadership constructed national health care institutions that provided critical care for the population and functioned as a protostate. Moreover, Johnson demonstrates how the FLN's representatives used postwar rhetoric about rights and national self-determination to legitimize their claims, which led to international recognition of Algerian sovereignty. By examining the local context of the war as well as its international dimensions, Johnson deprovincializes North Africa and proposes a new way to analyze how newly independent countries and nationalist movements engage with the international order. The Algerian case exposed the hypocrisy of selectively applying universal discourse and provided a blueprint for claim-making that nonstate actors and anticolonial leaders throughout the Third World emulated. Consequently, The Battle for Algeria explains the FLN's broad appeal and offers new directions for studying nationalism, decolonization, human rights, public health movements, and concepts of sovereignty.