Reframing Human Rights in a Turbulent Era
Series: Collected Courses of the Academy of European Law; IX/3;
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 March 2021
- ISBN 9780199246007
- Binding Paperback
- No. of pages256 pages
- Size 234x156x19 mm
- Weight 396 g
- Language English 194
Categories
Short description:
This book examines recent critical accounts of human rights and argues that the international human rights movement remains powerful and significant at a time of rising illiberalism. Human rights law remains an important way of challenging injustice and should be strengthened and reformed rather than undermined or abandoned.
MoreLong description:
In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching.
While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes.
The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.
In this refreshing and inspirational book, Gráinne de Búrca directly confronts human rights sceptics among scholars from across the political spectrum to demonstrate that, in practice, human rights have maintained an extraordinary vigour in motivating and supporting grassroots mobilization against political repression and illiberalism. With her well-known skill in developing powerful and innovative arguments, she builds on the actual practice of human rights activists to illuminate the dynamism of the human rights project, activated and shaped through both its moral appeal, and the meaning and impact given to it by affected groups.
Table of Contents:
Introduction
The Effectiveness of Human Rights
Mobilization for Gender Equality in Pakistan and the Role of International Human Rights
The Activation of the Convention on the Rights of Persons with Disabilities in Argentina
Using International Human Rights Law to Mobilize for Children's Rights and Reproductive Rights in Ireland
The Past and Future of Human Rights
