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2. Engendering Haiti's Reconstruction: The Legal and Economic Case for Mainstreaming Women in Post-Disaster Programming
- Author:
- Jennifer S. Rosenberg
- Publication Date:
- 12-2011
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- On January 12, 2010, an earthquake of devastating magnitude shook Haiti, killing over 250,000, reducing much of the country's infrastructure to rubble—including its government—and leaving millions of people without homes and livelihoods. As Haiti lurches toward an era of rebuilding and renewal, the ways in which priorities are set and resources spent can either accelerate the rate at which Haitians are able to emerge from poverty and achieve economic development—or they can substantially inhibit the country's path toward recovery. One of the most critical factors that will determine which path Haiti takes is the extent to which gender concerns are brought to the fore in the reconstruction process. Gender mainstreaming, as a technical term in the development field, involves ensuring that gender perspectives and attention to the goal of gender equality are central to all activities, from policy development to legislative drafting. Such a women-focused approach is not only imperative from a moral justice and human rights perspective, but also a vital component of a successful economic development strategy.
- Topic:
- Development, Economics, Gender Issues, Health, Human Rights, Human Welfare, and Natural Disasters
3. Women in Afghanistan: A Human Rights Tragedy Ten Years after 9/11
- Author:
- Hayat Alvi
- Publication Date:
- 11-2011
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- Ten years after the September 11th attacks in the United States and the military campaign in Afghanistan, there is some good news, but unfortunately still much bad news pertaining to women in Afghanistan. The patterns of politics, security/military operations, religious fanaticism, heavily patriarchal structures and practices, and ongoing insurgent violence continue to threaten girls and women in the most insidious ways. Although women's rights and freedoms in Afghanistan have finally entered the radar screen of the international community's consciousness, they still linger in the margins in many respects.
- Topic:
- Security, Gender Issues, Human Rights, Human Welfare, War, and Counterinsurgency
- Political Geography:
- Afghanistan and United States
4. European Union accession to the European Convention on Human Rights: an institutional "marriage"
- Author:
- Konstantinos G. Margaritis
- Publication Date:
- 08-2011
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty. However, the whole argumentation regarding EU accession to ECHR had originated earlier, the first approach of the sensitive issue of fundamental rights. Technical problems arose from the other part as well. The ECHR was constructed for States to participate in so the accession of an organization such as the EU would demand significant amendments. A relevant proposal from the Council of Europe's point of view was manifested in the Steering Committee for Human Rights (CDDH) Document DG-II 2002. protection at an EU level was directed by the ECJ that had envisaged the conceptual influence of the Convention to the EU and developed the doctrine of Community protection of fundamental rights.
- Topic:
- Human Rights, Human Welfare, and Regional Cooperation
- Political Geography:
- Europe
5. Human Security: Undermining Human Rights?
- Author:
- Rhoda E. Howard-Hassmann
- Publication Date:
- 01-2011
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- This paper warns that the human security discourse and agenda could inadvertently undermine the international human rights regime. It argues that in so far as human security identifies new threats to well-being, new victims of those threats, new duties of states, and/or new mechanisms of dealing with threats at the inter-state level, it adds to the established human rights regime. In so far as it simply rephrases human rights principles without identifying new threats, victims, duty-bearers, or mechanisms, at best it complements human rights and at worst it could undermine them. The narrow view of human security, as defined below, is a valuable addition to the international normative regime requiring state and international action against severe threats to human beings. By contrast, the broader view of human security at best repeats, and possibly undermines, the already extant human rights regime, especially by converting state obligations to respect individuals' inalienable human rights into policy decisions regarding which aspects of human security to protect under which circumstances. The two may be competing discourses, despite arguments by some scholars (Tadjbakhsh and Chenoy 2007, 12) that they are not.
- Topic:
- Conflict Prevention, Security, Human Rights, Human Welfare, and Sovereignty
6. Human Rights, Health Sector Abuse and Corruption
- Author:
- Brigit Toebes
- Publication Date:
- 04-2011
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- Research indicates that health sectors in both poor and rich nations are vulnerable to abuse and corruption. This paper discusses the character and scope of health sector abuse and corruption. It suggests that human rights law can play an important role in enhancing the transparency and integrity of health systems. Based on the existing human rights framework, some tools are provided and examples are given of how this can be done.
- Topic:
- Corruption, Health, Human Rights, Human Welfare, and International Law
7. Necessary fictions: Indigenous claims and the humanity of rights
- Author:
- Peter Fitzpatrick
- Publication Date:
- 02-2010
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- To begin, not propitiously. When checking whether my title 'Necessary Fictions' was being used elsewhere, Google revealed that it was going to be used in a future talk, and by me. It transpired mercifuly that this use was going to be quite different to the present which suggested the prospect of a new academic genre: same title, different paper; rather than the standard combination of same paper, different title. Fortuitously, that contrast gave me the leitmotiv for this talk – that things ostensibly the same can be different, and that things ostensibly different can be the same.
- Topic:
- Human Rights, International Law, Political Theory, and Minorities
- Political Geography:
- United Arab Emirates
8. The Principled Case for Employing Private Military and Security Companies in Humanitarian Interventions and Peacekeeping
- Author:
- James Pattison and Deane-Peter Baker
- Publication Date:
- 02-2010
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- The possibility of using private military and security companies to bolster the capacity to undertake humanitarian intervention has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this paper considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? In particular, given a state's duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers for humanitarian intervention? Second, on the other hand, does outsourcing humanitarian intervention to private military and security companies pose some fundamental, deeper problems in this context, such as an abdication of a state's duties?
- Topic:
- Security, Political Violence, Human Rights, Human Welfare, Humanitarian Aid, and War
- Political Geography:
- United Nations
9. In Search of an "Action Principle"
- Author:
- Patrick J. Glen
- Publication Date:
- 12-2010
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” Kuhn himself analogized his conception of the theory and operation of scientific revolutions to political revolutions, drawing out parallels in genesis, form and function between the two. The notion of revolutionary change, or paradigm shifts, itself provides a useful framework to judge the evolution, current state, and potential future of international human rights and criminal law. Although the analogy must necessarily be incomplete, as is the analogy between scientific and political revolutions, it does go a long way in explaining how the current system of international justice has reached its present state, and what may need to occur before that system can develop further.
- Topic:
- Crime, Human Rights, Human Welfare, International Law, and Political Theory
10. Teaching Notes: Rights and Rebuilding in El Salvador
- Author:
- Susan Waltz and Elaine K. Denny
- Publication Date:
- 09-2010
- Content Type:
- Working Paper
- Institution:
- Human Rights Human Welfare (University of Denver)
- Abstract:
- We have prepared this two-part case study with two pedagogical purposes in mind: (1) To develop an understanding of the concept (and political meaning) of human rights. (2) To facilitate discussion about processes of reconciliation and reconstruction and the importance of holistic conceptions of rights and security for future stability. Instructor notes are organized around these two themes. For each theme, we have provided some background commentary and discussion questions that can accompany both parts of the case study.
- Topic:
- Civil War, Human Rights, Human Welfare, and War
- Political Geography:
- Latin America
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