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The Global Struggle for Human Rights: Universal Principles in World Politics / Edition 1

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Overview

When you read The Global Struggle For Human Rights you will encounter uniquely strong coverage of human rights in relation to gender equity, feminist perspectives, and sexual orientation with the theme of a universal perspective on human rights that is sensitive to cultural differences and diversity among and within nations. The book is also comprehensive and accessible in its discussion of human rights law, the question as to whether human rights are universal, the tension between state sovereignty and human rights, genocide, economic rights, and various concepts of justice as they relate to the promotion of fundamental human rights.

The author brings controversial issues to the center of her analysis because they clearly illustrate the political, social, and cultural obstacles to achieving international consensus on human rights norms.

Chapters on punitive justice (Chapter 9), which focuses on trials designed to punish perpetrators, and restorative justice (Chapter 10), which includes the use of truth commissions and other conciliatory mechanisms, go beyond the discussion of implementation of human rights in foreign policy, NGOs, or the UN. These chapters highlight the fact that trials and truth commissions have been among the most prominent responses to human rights abuses in recent years.

The unique framework clearly and explicitly emphasizes the gap between rhetoric-ambitious, idealistic language-and reality-political obstacles to implementation-to students, showing instead that the reality of global struggle for human rights is an inherently political process.

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Editorial Reviews

From the Publisher
"The discussion questions at the end of each chapter enable students to probe their understanding of the key points of the text and serve as a guide for classroom discussions... The web references provide useful background information and are a useful resource tool for commencing bibliographic research when students have to write term papers."-Elsada Cassells, Herbert H. Lehman College, CUNY

"I think the text flows well... The case studies help to bring the concepts to life." -Tara Hefferan, Central Michigan University

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Product Details

  • ISBN-13: 9780534635725
  • Publisher: Cengage Learning
  • Publication date: 2/24/2005
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 264
  • Product dimensions: 6.44 (w) x 9.32 (h) x 0.38 (d)

Meet the Author

Debra L. DeLaet is a Professor of Politics and International Relations at Drake University in Des Moines, Iowa where she teaches courses on human rights, global health, the United Nations, international law, and gender & world politics. Her major research interests are in the area of human rights, global health, and gender issues in world politics. She is the author of U.S. Immigration Policy in an Age of Rights (Praeger 2000) and (co-authored with David E. DeLaet) Global Health in the 21st Century: the Globalization of Disease and Wellness (Paradigm Publishers, 2012). In addition to these books, she has published numerous articles and book chapters on a variety of topics, including gay marriage as a religious right, justice for children born of war, and sexual orientation discrimination in international human rights law.

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Table of Contents

Introduction 1
Why Study Human Rights? 1
State Sovereignty and Human Rights 3
Human Rights at the Dawn of the Twenty-First Century: The Gap between Rhetoric and Reality 4
Organization of the Book 8
Part I Human Rights in Theory and Law
1 The Contested Meaning of Human Rights 10
The Political Nature of Human Rights 10
Defining the Concept of Human Rights 11
The Philosophical Origins and Sources of Human Rights 15
Defining and Categorizing Human Rights in Practice 19
Conclusions 23
Discussion Questions 24
Web Resources 24
2 The Development of International Human Rights Law 25
Does International Human Rights Law Matter? 25
The Historical Foundations of International Human Rights Law 26
The United Nations Core of International Human Rights Law 28
The Distinction between Human Rights Law and Humanitarian Law 34
Feminist Critiques of International Human Rights Law 38
Sexual Orientation Discrimination and International Human Rights Law 40
Conclusions 41
Discussion Questions 42
Web Resources 43
3 Are Human Rights Universal? 44
Defining Universalism and Relativism 44
Are Human Rights a Western Construct? 46
Feminist Perspectives on Universalism and Relativism 50
Case Study: Female Genital Mutilation or Female Circumcision? 52
Case Study: Male Genital Mutilation or Male Circumcision? 55
Conclusions 59
Discussion Questions 60
Part II Human Rights in Practice
4 Civil and Political Rights in a World of Sovereign States 62
Civil and Political Rights and State Sovereignty in Tension 62
Case Study: National Security and Terrorism 65
Case Study: Freedom of Movement, Civil Rights, and Sovereignty 71
Conclusions 75
Discussion Questions 76
Web Resources 77
5 Collective Rights in a World of Sovereign States 78
Human Rights as Collective Rights 78
Collective Rights and Individual Rights 80
Case Study: Self-Determination 81
Case Study: Genocide 93
Conclusions 98
Discussion Questions 99
Web Resources 100
6 Economic and Social Rights in a World of Sovereign States 102
Economic and Social Rights as Human Rights 102
Economic and Social Rights and State Sovereignty in Tension 103
The Relationship between Economic and Social Rights and Civil and Political Rights 106
Case Study: Human Development and Poverty 108
Case Study: Health and Human Rights 111
Conclusions 116
Discussion Questions 117
Web Resources 118
7 Sexual Equality and Human Rights 119
Sexual Equality as a Human Right 119
Women and Sexual Minorities: Special Rights or Human Rights? 121
Case Study: Violence against Women 124
Case Study: Sex-Specific Abuses of Human Rights during War 127
Case Study: Sexual Orientation Discrimination 129
Conclusions 132
Discussion Questions 133
Web Resources 134
Part III Human Rights and the Quest for Justice
8 Promoting Human Rights From the Top Down 135
Implementing Human Rights through International Organizations and States 135
The United Nations Human Rights System 136
Regional Human Rights Systems 142
States, Foreign Policy, and Human Rights 146
Case Study: U.S. Foreign Policy and American Exceptionalism 147
Humanitarian Intervention 150
Case Study: Humanitarian Intervention in Kosovo 153
Conclusions 155
Discussion Questions 157
Web Resources 158
9 Punitive Justice and Human Rights 159
Punitive Justice as a Response to Human Rights Abuses 159
Trials and Punitive Justice 160
Trials In Historical Perspective: The Development of Ad Hoc Tribunals 162
Ad Hoc Tribunals after World War II: Nuremberg and Tokyo 164
The International Tribunal for the Former Yugoslavia 167
The International Criminal Tribunal for Rwanda 170
The International Criminal Court 173
Prosecuting International Crimes in Domestic Courts 176
Conclusions 181
Discussion Questions 185
Web Resources 185
10 Restorative Justice and Human Rights 186
Restorative Justice as a Response to Human Rights Abuses 186
Truth Commissions 188
Reparations 193
Apologies 198
Conclusions 201
Discussion Questions 202
Web Resources 203
11 Promoting Human Rights From the Bottom Up 204
Mobilizing Support for Human Rights in a World of Sovereign States 204
Non-State Actors and the Global Struggle for Human Rights 206
Case Study: Transnational Corporations and Human Rights 210
Case Study: Health and Human Rights Advocacy 213
Conclusions 216
Discussion Questions 217
Web Resources 218
Conclusions 219
Notes 223
Index 237
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