I. Three Basic rights

Politically, as well as philosophically, concerns with human rights have permeated many of the most important debates on social justice worldwide for fully a half-century. Henry Shue's 1980 book on Basic Rights proved to be a pioneering contribution to those debates, and one that continues to elicit both critical and constructive comment. Global Basic Rights brings together many of the most influential contemporary writers in political philosophy and international relations - Charles Beitz, Robert Goodin, Christian Reus-Smit, Andrew Hurrell, Judith Lichtenberg, Elizabeth Ashford, Thomas Pogge, Neta Crawford, Richard Miller, David Luban, Jeremy Waldron and Simon Caney- to explore some of the most challenging theoretical and practical questions that Shue's work provokes. These range from the question of the responsibilities of the global rich to redress severe poverty to the permissibility of using torture to gain information to fight international terrorism. The contributors explore the continuing value of the idea of "basic rights" in understanding moral challenges as diverse as child labor and global climate change.

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

For decades, post-independence Africa has been marked by conflicts, violence, and civil wars leading to a displacement of civilian populations and numerous humanitarian crises. For example, the Somali war, the 1994 Rwandan genocide, and the Darfur conflict in Western Sudan illustrate this phenomenon. In these situations, protecting the basic human rights of security, subsistence, the liberties of social participation, and the physical movement of refugees and internally displaced persons (IDPs)--particularly women, children, and young people--has been seen as inadequate. This book offers the following: a systematic presentation of the nature and scope of the crises; an evaluative description of the achievements and failures of governments, organizations, and the international community in responding to the crises; a critical analysis of the rationale for such an inadequate response; and a philosophical and theological study of basic human rights that seeks to redress these failures by envisioning an appropriate response and a lasting solution to the conflicts, displacement, and humanitarian crises in Sub-Saharan Africa.

What duties do liberal democratic states owe to refugees? Does international refugee law impose unfeasible demands on states? This highly original contribution explores what theories of international ethics have to say about refugee policy. It advances an innovative critique of prevalent liberal approaches, showing how their assumptions about moral agency create unfeasible expectations about international justice. It sets out an alternative theory, showing how this could be more adept at mobilizing commitment to refugee rights. The volume will be of interest not just to scholars and students of applied ethics, but also to those more generally interested in debates on refugee and migration policy. It presents a clear and thorough discussion of liberal political theory and its application to questions of international justice, and provides insights into the philosophical sources of debates on liberal versus restrictive approaches to refugee policy.

As Americans wrestle with debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, legal scholar Richards reflects upon the constitutional and democratic principles--relating to privacy, intimate life, free speech, tolerance, and conscience--that underpin these often heated debates. The distillation of Richards's thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. He places in context two key Supreme Court cases: the 1986 Bowers v. Hardwick decision, and the 2003 Lawrence v. Texas decision which overturned it. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a case that gays should be entitled to the same rights and protections that every American enjoys.--From publisher description.

In matters such as affirmative action or home schooling, rights of ethnic and other minority groups often come into conflict with those of society in a culturally diverse population such as ours. But before considering the dilemmas posed by these issues, we must first ask such basic but important questions as what group rights are and how they intersect with the principles of democracy. This new collection brings together some of today's leading thinkers from the cutting edge of these debates, taking in a broad range of issues confronting philosophers, sociologists, and political scientists. Contributors such as Carl Wellman, Carol Gould, and Rex Martin examine the nature of groups and the conflict between group rights and democracy and also consider case studies depicting current issues in cultural, ethnic, and religious rights. The first section, on the nature of groups, examines some of the perplexing alternatives in the formulation of a theory of group rights. These articles investigate the kinds of rights minorities might claim and ask when groups can be held responsible for the acts of some of their members. The second section addresses the treatment of groups in a democracy and the precarious balance between indifference toward minorities and capitulation to their demands. Here the contributors examine five principles for the sensitive treatment of minority and disadvantaged groups in a democratic society. A final section explores specific conflicts between subgroup and societal claims through case studies dealing with affirmative action, religious practice and the education of children, and the land rights of indigenous peoples. By drawing on the legal and political dilemmas related to these cases, the authors confront issues of core versus peripheral interests, of individual member versus subgroup rights, and of the possibilities for social openness raised in the preceding sections Written from varied perspectives, Groups and Group Rights offers stimulating reading for both students and professionals as it takes on some of the most pressing dilemmas confronting our society.

Ingram (philosophy, Loyola University) brings a variety of current social dilemmas together in a mutually illuminating way. He examines the concept of legal equality in a multiracial society by considering issues such as self-governance for Native Americans, the rights of immigrants, affirmative action, and racial redistricting, tie also tackles the problem of social injustice in a global setting by assessing the negative impact of free trade policies on the rights of groups to self-determination and cultural integrity.

Presenting a range of philosophical debates, policy analyses, and first-hand accounts, this text offers a comprehensive set of readings on the major themes and issues in the field of international human rights.