African Communitarianism and Human Rights

Chemhuru, Munamato

doi:10.3167/th.2018.6515704

Cited by 14 publications

(11 citation statements)

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“…Yet, my contention is that certain African quarters subscribe to the idea of communitarian living (cf. Chemhuru 2018;Gyekye 1992;Mbiti 1969;Menkiti 1984) 2 , which in the course of this article is of importance. In that regard, I express reservations over the celebrating and promoting individual autonomy whilst neglecting the communal and collectiveness aspect that some Africans respect, which this article advances.…”

Section: Aim: Mapping My Argumentmentioning

confidence: 90%

Towards a humane community: The search for disability justice in higher education through African moral thinking

Masitera¹

2020

Transformation in Higher Education

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Background: The central claim of this article is that African disability justice is possible through analysing, re-examining and reimagining realities that distort and disempower the being of individuals with disabilities.Aim: In this article, I argue for an African disability justice.Methods: I do this by establishing that higher education ought to produce citizens who are responsive and are able to reinvent Africa through the idea of (community) serving. I borrow these ideas from the African ethical thinking and practice of relational attitude and communal living.Setting: In traditional African thinking, as informed by Ubuntu [I am, because you are] social thinking, disability was recognised and respected.Results: I, therefore, develop the concept of reflective-creative education (RCE) as carrying this African ethos for social justice (responsive and enabling citizens) towards members with disabilities. In that endeavour, African higher educational institutes ought to prepare and empower Africans to be responsive and to enable others to live confidently and inclusively in transformed communities that address the needs of citizens.Conclusion: In this way education becomes a tool (RCE) for changing attitudes and developing citizens to be proactive in building better communities to live in.

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Section: Aim: Mapping My Argumentmentioning

confidence: 90%

Towards a humane community: The search for disability justice in higher education through African moral thinking

Masitera¹

2020

Transformation in Higher Education

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“…And redundant, because it may seem like those rights are built in or part of the human nature, which does not seem to be so [20]. The last century gave us the basis of these rights because of the atrocities that were committed to prevent further deprivation of these rights, even with cultural differences [13].…”

Section: Human and Constitutional Rightsmentioning

confidence: 99%

YASM (Yet Another Surveillance Mechanism)

Ludvigsen¹,

Nagaraja²,

Daly³

2022

Preprint

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Many types of surveillance exist on anything from smartphones to IoT devices, but most of them are not as ubiquitous and intrusive as Client Side Scanning (CSS) for Child Sexual Abuse Material Detection (CSAMD). Apple proposed to scan their software and hardware for such imagery. While CSAMD was since pushed back, the European Union has decided to propose forced CSS to combat and prevent child sexual abuse via a new regulation, and deliberately weaken encryption on all messaging services. CSS represents mass surveillance of personal property, in this case pictures and text, proposed by Apple without proper consideration of privacy, cybersecurity and legal consequences. We first argue why CSS should be limited or not used at all, and briefly discuss some clear issues with the way pictures cryptographically are handled and how the CSAMD claims to preserve privacy. Afterwards, in the second part, we analyse the possible human rights violations which CSS in general can cause within the regime of the European Convention on Human Rights. The focus is the harm which the system may cause to individuals, and we also comment on the proposed European Union Regulation. We find that CSS by itself is problematic because they can rarely fulfil the purposes which they are built for. This comes to down to how software is not "perfect", as seen with antivirus software. Secondarily, the costs for attempting to solve issues such as CSAM far outweigh the benefits, and this is not likely to change regardless of how the technology develops. We furthermore find the CSAMD as proposed is not likely to preserve the privacy or security in the way of which it is described in Apple's own materials. We also find that the CSAMD system and CSS in general would likely violate the Right to a Fair Trial, Right to Privacy and Freedom of Expression. This is because the pictures could have been obtained in a way that could make any trial against a legitimate perpetrator inadmissible or violate their right for a fair trial, the lack of any safeguards to protect privacy on national legal level, which would violate the Right for Privacy, and it is unclear if the kind of scanning which would be done here could pass the legal test which Freedom of Expression requires, making it likely violate this as well. Finally, we find significant issues with the proposed Child Abuse Regulation. This is because it relies on techno-solutionist arguments without substance, disregards conventional knowledge on cybersecurity and does not justify the independence and power of a "centre" to help solve the problem.7 22062/07, Layijov v. Azerbaijan, § 64. 8 35394/97, Khan v. the United Kingdom, § 34. 9 59696/00, Khudobin v. Russia, § 128. 10 47074/12, Grba v. Croatia. 11 40495/15, Akbay and Others v. Germany. 12 74420/01, Ramanauskas v. Lithuania. 13 67537/01, Shannon v. the United Kingdom 14 40660/08 and 60641/08, Von Hannover v. Germany (no. 2), § 95.

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“…For moderate communitarianism, an alternative path included forms of dissent that commit to shaping a morally better community. It has also been argued that moderate communitarianism is compatible with rights, even if it emphasises duties before rights (Chemhuru, 2018; Ikuenobe, 2018; Molefe, 2016). Whereas the paper has not defended one version of communitarianism as preferrable to the other, it has argued that both survive the objection that they fail to uphold respect for individual dignity. …”

Section: Objections and Repliesmentioning

confidence: 99%

African Ethics, Respect for Persons, and Moral Dissent

Jecker

2022

Theoria

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This paper examines the ethic of respect for dignity within African relational ethics. Following an introduction to African relational ethics (in Section 1), Section 2 introduces two ways of respecting dignity associated with two strands of African communitarianism: strong and moderate. Section 3 tests each version by considering a challenge case involving an oppressive social structure, the Osu caste system in Igboland (Southeastern Nigeria). It argues that both strong and moderate communitarianism are compatible with respecting the dignity of moral dissenters who oppose the Osu caste system. The result is somewhat surprising: while it is generally held that moderate communitarianism is compatible with respecting dignity, it is often thought that strong communitarianism is not. The final section (Section 4) considers and replies to objections. It concludes that an African relational framework lends strong support to respecting dignity in the case of moral dissent.

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African Communitarianism and Human Rights

Cited by 14 publications

References 0 publications

Towards a humane community: The search for disability justice in higher education through African moral thinking

Towards a humane community: The search for disability justice in higher education through African moral thinking

YASM (Yet Another Surveillance Mechanism)

African Ethics, Respect for Persons, and Moral Dissent

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