Human Rights in a Changing World: Reflections on Fundamental Challenges

Description

The book aims at presenting an updated version of the basic and general human rights debates. While it is frequently suggested that Human Rights are universal and indivisible, it is an undeniable fact that this is far from being true. And if there was ever any justification for talking about an ending to history, that narrative has definitely lost all justification in the light of recent developments. In fact, we are now witnessing a new harsh round of global system competition, often at the edge of a global hot war, now not anymore in a bipolar world but in a multipolar setting.The book contributions include reflections on history and theory, the reinterpretation of rights in different national contexts and/or in relation to specific groups (e.g. women) and areas (e.g. digitization).The book is meant to be a food for thought, at the end arguing in favour of the need to redefine Human Rights, reflecting the changes since the inauguration of the UDHR. Editors’ Introduction Contents Contributors Focussing on the History and Ideology of Human Rights Philosophical-Theoretical and Material Origins of Human Rights 1 Introduction: Historical and Theoretical Outline 1.1 The Main Strands of Human Rights Conceptualizations 1.2 Ambivalence of Contemporary Developments 2 Origins of the Idea of Human Rights 2.1 The Determinants of Human Rights 2.2 The Moral-Universal (Re)Conceptualization of the Image of Man 2.3 Early Attempts at Locating the Idea of Human Rights in the Socio-Political and Legal Sphere 2.4 The Concept of Human Rights in Modern Times 2.5 Political and Legal Rights vs. Social Rights: Tension and Chance References Human Rights and People of Colour—A Historical View from the South 1 Introduction 2 The History and Ideology of Human Rights 2.1 The European Enlightenment, Race Theories and the Human Rights Discourse 2.2 An Anatomy of the History and Ideology of Human Rights 2.3 The Problem of Epistemic Racism in the Human Rights Discourse 2.4 The Ethical and Epistemic Imperative to Decolonise the Human Rights Discourse 3 The South African Freedom Struggle 3.1 State Oppression 3.2 Sacrifices 3.3 Struggle Values 3.4 South Africa, After Mandela, Attempting to Implement the Freedom Charter 4 Conclusion References Morality—Ideology—Objectivity: The Pre- and Post-juridical Dimension of Human Rights in the Era of Digitisation and Artificial Intelligence 1 Instead of an Introduction 2 Introduction 3 Polarisations 4 Today’s cui bono and quid pro quo 5 Digitisation—But What for? 5.1 Ad a.: Purpose of Digitisation 5.2 Ad b. Actors and Their Interests 5.3 Ad c. Optimisation of Power Balances to Enhance Socialisation 5.4 Ad d. The Tension between the Simple Medium and Complex Forms 5.5 Ad e. How Can Stopping Rules be Established 6 Conclusion I: Digitisation: The Danger of Losing what Defines Humanity, Not Only Rights 7 Conclusion II References Hollowing out the Principle of Nation Building—Condition or Stumbling Block on the Way of Defining Human Rights Global Governance of Human Rights: Dilemmas, Divergences and the Way Out 1 Global Governance of Human Rights: Concepts and Categories 2 Global Governance of Human Rights: Dilemmas in Reality 3 Global Governance of Human Rights: Debates on the Paths 4 Global Governance of Human Rights: The Way Out 5 Conclusion Determining Effects of Authoritarianism on Executive Power and Public Administration in Turkey 1 Introduction 1.1 2000s: Establishment of the Neoliberal-Authoritarian State Organization 1.2 Immediately Before the 2017 Constitutional Amendments: State of Emergency as the ‘Dual State’ Takes the Stage 1.3 2017 Constitutional Amendment: Concentration of Powers of the Authoritarian State within the Person of the President 2 Conclusion References Violence Against Women on the Axis of the Istanbul Convention and Its Monitoring Mechanisms After the Denunciation: From Populism to Where: A Comparative Analysis on Turkey and Poland 1 How International Law has been Protecting Women: Violence Against Women (Vaw) and The Politics of Discrimination Against Women in International Law 1.1 Identification, Discussion and Interpretation of the Article 1.2 Interpretation and Applicable International Standards and Obligations 1.2.1 State Obligations under International Human Rights Law 1.2.2 Discriminatory Laws 1.2.3 Evaluate and Identification 1.3 Gender Equality and Feminist Theory in the Ünal Tekeli v. Turkey Judgment of the European Court of Human Rights 1.3.1 Case of Ünal Tekeli v. Turkey from Feminist Theory and Gender Inequality Perspectives 2 The Reason Behind the Disputes on Istanbul Convention 3 Legal Background to the Istanbul Convention: The Case Behind the Istanbul Convention 4 The Populism Effect on the Istanbul Convention: Governments’ Repercussion on the Istanbul Convention 5 A Case Study on Turkey: From Istanbul Convention to Populism 6 A Case Study on Poland: From Populism to Where? 6.1 Conclusion References The Need for New Institutions—The Need for a New Institutionalism Human Rights—Ethical Institutions/Religious Bodies Between Foundation and Watering Down Legally Testified Rights 1 Introduction 2 The Meaning Of Religion: Perspective From An African Context 3 Constitutional Foundation for Religious Freedom and Activities of Religious Bodies in Africa and Self-Determination 4 Religious Traditions and Groups in Africa 5 The Role and Significance of Religious Bodies in Africa 6 Religion and Activities of Religious Bodies vis-a-vis Human Rights 7 Conclusion Resettlement Agencies as Faith-Based Organizations: Serving Refugees Between Philanthropy and Paternalism 1 Introduction 2 A Historical Overview of the Agencies 3 Philanthropy and Faith-Based Organizations 3.1 Limitations of Resettlement Agencies: Function of Self-Sufficiency Policy in Humanitarian Action 3.2 Faith-Based Paternalism 4 Conclusion References The Unique Prosecution in the British Pitcairn Islands 1 Introduction References Human Rights in the Age of “Deconstitutionalization” or “Law-Inversely”, as the Erosion of Publicness 1 Introduction 2 “Authoritarianism” in the Meaning of Restriction of Public Sphere 3 Constitutionalism as Cause and Effect in the Construction of Publicness in Turkey 4 Is There an Existing Constitution in Turkey? 5 Conclusion References Policy Areas Freedom of Thought and Expression: Censorship on Media in Turkey 1 Introduction 2 Freedom of Thought 3 Freedoom of Media 4 Legality—Legal Limitation 5 The Place of Freedom of Press in the 1982 Constitution of the Republic of Turkey 6 Media in Turkey Through Media Organizations 7 U.S.A. and Turkish Media: Applications of Censorship and Auto-Censorship 7.1 U.S.A.—The Pew Research Center with Columbia Journalism Review-Self Censorship: The Questionnaire “How Often and Why?” 7.2 TURKEY—Journalists Syndicate of Turkey (TGS) -The Censorship and Auto-Censorship Personal Experience Questionnaire 7.3 RSF, 2002 World Freedom of Press Index: Turkey—U.S.A. 7.4 RSF, 2021 World Freedom of Press Index: Turkey—U.S.A. 7.5 Evaluation 8 Conclusion References Arts, Aesthetics and Human Rights: A Psychosocial Perspective 1 Human Rights in the Art World 1.1 Freedom of Artistic/Aesthetic Expression and Appreciation 1.2 Intellectual Property 1.3 Artists’ Privacy 1.4 Dignified Artistic Work and Social Protection 1.5 Effects of and Reactions to Alienation of Human Rights in the Art World 2 Arts for Human Rights 3 Conclusion References Conclusion Final Remark: The Constitutive Elements of the Book Contributions and Their Location in the Context of Thematic Approaches to the Human Rights Issue 1 The Idea (Again) 2 Tendencies of Fragmentation and the Search for a Holistic Approach in General … 3 … and in the Context of Thematic Approaches to the Human Rights Issue in Concrete Quoted References