Human Rights Standards: Hegemony, Law, and Politics

Description

A bracing critique of human rights law and activism from the perspective of the Global South. How are human rights norms made, who makes them, and why? In Human Rights Standards, Makau Mutua traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. Examining key texts and documents published since the inception of the human rights movement at the end of World War II, he crafts a bracing critique of these works from the hitherto underutilized perspective of the Global South. Attention is focused on the deficits of the international order and how that order, which is defined by multiple asymmetries, defines human rights in a manner that exhibits normative gaps and cultural biases. Mutua identifies areas of further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various cleavages and divides. The result is the first truly comprehensive critical look at the making of human rights norms and standards and, as such, will be an invaluable resource for students, scholars, activists, and policymakers interested in this important topic. Contents Preface Acknowledgments Introduction Chapter One: Norm Setting in International Law and Human Rights Historical Antecedents The Universal Declaration and the Promise of a Normative Foundation Chapter Two: The Process of Standard Setting in Human Rights Standards, Norms, and Rights: Internally Displaced Persons as a Case Study The Weight of Declarations Traditional Obstacles to Standard Setting Obstinacy of Global Powers in Human Rights Standard Setting Politics as Obstruction The Ownership of Norms and Standards The Evolution of Ownership Constituencies and Ownership Chapter Three: The Multiplication of Actors The UN Human Rights Commission/ Human Rights Council International and Regional Standard Setting Chapter Four: The Role of Ngos in the Creation of Norms Ngos and the Human Rights Agenda Ngos and Standard Setting Ngo Strategies and Methods in Standard Setting Ngos and States Play Hide-and-Seek Chapter Five: The Question of Deficits The Deficit of Participants The Deficit of Voice The Deficit of Democracy Language: Style, Content, and Implementation Understanding Un Institutions and Norm Setting Standard Setting and Implementation in Practice Chapter Six: New and Emerging Standards What Is the Future of Standard Setting in Human Rights? The Quest to Clarify Economic and Social Rights The Normative Framework on Disabilities Sexual Orientation Possibilities for More Standards Is There a Need for New Strategies? Chapter Seven: A Normative Critique of Human Rights Political Democracy and Human Rights Human Rights, Ideology, and Politics Pathologies of Choice and Substance Conclusion Notes Bibliography Index