A Coherent Approach to Human Rights

Künnemann, Rolf

doi:10.1353/hrq.1995.0018

Cited by 18 publications

(7 citation statements)

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“…every situation where a basic human need is not satisfied) a violation of human rights. 6 However, from an international human rights law perspective, not every denial constitutes a violation of human rights. The extent to which it does, is an underdeveloped conceptual discussion in the human rights literature and practice.…”

Section: Introductionmentioning

confidence: 99%

Pobreza e direitos humanos: da mera retórica às obrigações jurídicas - um estudo crítico sobre diferentes modelos conceituais

Costa¹

2008

Sur, Rev. int. direitos human.

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There is still lack of conceptual clarity in the notion of poverty as a violation of human rights. This is a problem for human rights practitioners that take the indivisibility of human rights seriously, understand the centrality of poverty in the plight of many human rights victims and want to work professionally, through binding internationally recognized human rights obligations, in the fight against poverty. This paper tries to clarify the conceptual gap. It presents a critical summary of the most important attempts to conceptually clarify the connection between poverty and human rights from an international human rights law perspective. It analyzes different conceptual frameworks, their strengths and weaknesses. The paper identifies three different models for linking both concepts: (1) theories that conceive poverty as per se a violation of human rights; (2) theories that conceptualize poverty as a violation of one specific human right, namely the right to an adequate standard of living or to development; and (3) theories that conceive poverty as a cause or consequence of human rights violations. The paper concludes that the third approach is the most useful in the current state of development of international human rights law and jurisprudence, but that the second approach has a lot of potential to push the poverty and human rights agenda forward and it should be developed further.Original in English. KEYWORDSPoverty -Human rights -Development -Adequate standard of living -Legal obligations.

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Section: Introductionmentioning

confidence: 99%

Pobreza e direitos humanos: da mera retórica às obrigações jurídicas - um estudo crítico sobre diferentes modelos conceituais

Costa¹

2008

Sur, Rev. int. direitos human.

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“…These rights or entitlements are described by some as inalienable or unconditional (Dicke 2002), by others as conditional yet still strong claims (Donnelly 1982b). For most, rights are primarily considered to be claims by individuals on ''the state,'' rather than claims by individuals on each other (Donnelly 1982a;Howard and Donnelly 1986;Künnemann 1995). States are seen as uniquely positioned to harm people, with implications for peoples' dignity.…”

Section: Comparison Of Conceptions and Perspectivesmentioning

confidence: 99%

“…As it turns out, many statements of human rights (e.g., Künnemann 1995), including the Universal Declaration of Human Rights, address many if not all of these dimensions of a felt experience of dignity (Ishay 2004). Some might argue that this convergence of notions about rights has been driven by unified and compelling philosophical constructions of human dignity.…”

Section: Comparison Of Conceptions and Perspectivesmentioning

confidence: 99%

Human dignity in concept and practice

Mattson

Clark

2011

Policy Sci

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Dignity seems to be something that virtually all people want. It is a seminal expression of the human experience that gains authority through the convergent demands of people worldwide. Even so, the human dignity concept is in unhelpful disarray. Dignity is variously viewed as an antecedent, a consequence, a value, a principle, and an experience, from philosophical, legal, pragmatic, psychological, behavioral, and cultural perspectives. We ask which if any of these human dignity concepts will likely serve our global common interests best, as both common ground and policy diagnostic? We examine four broad themes: dignity as (1) a metaphysical justification for human rights and duties, (2) virtuous comportment or behavior, (3) a perspective of ''other,'' and (4) a subjective experience of the individual, contingent on a broad and equitable sharing of values. We recommend viewing dignity as a commonwealth of individually assessed well-being, shaped by relationships with others, affected by the physical world, and framed in terms of values. Viewed this way, the idea of dignity accommodates the priorities of both individualistic and communitarian cultures. Conceiving of human dignity as a commonwealth of subjectively experienced value production and enjoyment has many practical policy implications.

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“…This article defines the right to an adequate standard of living as one that provides for fulfillment of subsistence rights, specifically food, clothing, shelter, potable water, basic medical care, and basic education. I do so because with slight variations, most authors place subsistence rights at the core of economic rights: Kunnemann (1995:324), Moser and Norton (2001:12), 6 and Cingranelli and Richards (2004), 7 all include the right to food, clothing, and shelter among economic rights. Basic health care, clean water and sanitation, and education at least to the primary level are also included by other authors (Beetham 1995:48; Milner, Poe, and Leblang 1999).…”

Section: Conceptual Issuesmentioning

confidence: 99%

“…While economic development is vital to sustaining democracy, as Zehra Arat's (1991) research has shown, equating wealth with economic rights ignores the politics of distribution and the interconnections between civil, political, economic, and social rights. Moreover, Kunnemann (1995:336) argues that reducing economic rights to nothing more than the fulfillment of basic human needs could “eventually even be used as a pretense for violations of economic human rights. This is what currently occurs in a number of countries trying to use what they call ‘economic rights’ to justify top‐down oppressive and marginalizing policies and developmental projects which violate human rights.” 12…”

Section: Conceptual Issuesmentioning

confidence: 99%

Why Bother? Measuring Economic Rights: The Research Agenda

Hertel¹

2006

Int Studies Perspectives

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Measuring human rights is a complex challengeFparticularly economic rights, which are by definition ''progressively realized'' (hence, must be measured over time) and are often conflated with measures of economic development. This article provides an overview of contemporary scholarly and policy efforts at measuring economic rights. It argues for an approach that captures both policy performance and the process by which economic rights can be realized in different societies, over time. Drawing on the author's own research with grassroots economic rights advocates, the article also highlights the political imperative of more effectively measuring such rights.

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A Coherent Approach to Human Rights

Cited by 18 publications

References 0 publications

Pobreza e direitos humanos: da mera retórica às obrigações jurídicas - um estudo crítico sobre diferentes modelos conceituais

Pobreza e direitos humanos: da mera retórica às obrigações jurídicas - um estudo crítico sobre diferentes modelos conceituais

Human dignity in concept and practice

Why Bother? Measuring Economic Rights: The Research Agenda

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