On Reconciling Irreconcilables: Neo-liberal Globalisation and Human Rights

O’Connell, Paul

doi:10.1093/hrlr/ngm015

Cited by 71 publications

(19 citation statements)

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“…Transnational business governance is associated with this agenda by enabling it through self-regulation and minimal state intervention (Tabb 2005). The typologies of globalisation and the definition of neo-liberal globalisation in the context of human rights are discussed extensively in O'Connell (2007).…”

Section: Define Neo-liberal Globalisation As Globalisation Derivingmentioning

confidence: 99%

Transnational business human rights regulation and their effects upon human rights protection

Dhanarajan¹

2016

Contemporary Challenges in Securing Human Rights

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Section: Define Neo-liberal Globalisation As Globalisation Derivingmentioning

confidence: 99%

Transnational business human rights regulation and their effects upon human rights protection

Dhanarajan¹

2016

Contemporary Challenges in Securing Human Rights

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“…In particular, such frameworks provide a means by which these actors can challenge some of the worst effects of neoliberal developmentalism. 2 As several scholars have pointed out, neoliberalism and RBAs imply quite different approaches to policy, particularly with regards to the role of the state in the economy and the social sectors (Gauri, 2004;Sklair, 2002;O'Connell, 2007). The papers show that JLFPHR have been important reference points for citizens and activists in their efforts to challenge neoliberal development policies, in particular with regards to the position of women in society (the focus of most of the papers) and access to education (the focus of Rosser's paper on Indonesia).…”

Section: Jlfphr and Political Mobilisationmentioning

confidence: 99%

Realising Rights in Low Quality Democracies: Instructive Asian Cases

Rosser

2015

Asian Studies Review

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Do justiciable legal frameworks for the protection of human rights (JLFPHR) promote the realisation of human rights in countries with low quality democracies? If so, under what conditions? And what do answers to these questions imply for activists' strategies for promoting human rights? This essay considers these questions drawing on the papers published here on Indonesia, Nepal, Malaysia and Timor Leste. It suggests that while rights agendas encounter serious political, social and institutional obstacles in low quality democracies, JLFPHR make a positive contribution to rights realisation by: (i) aiding political mobilisation by poor and marginalised groups and their supporters in the NGO movement and (ii) providing a legal basis for these groups to challenge rights breaches through the courts, at least where viable legal pathways for such efforts exist and these groups can muster the financial, organisational and technical resources required to launch and sustain court cases. In terms of strategy, the paper thus suggests that, in addition to constructing JLFPHR, rights activists should focus on facilitating political mobilisation around rights issues, constructing legal pathways that are likely to be receptive to rights causes, and creating support structures to enable citizens to exploit these pathways.

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“…For example, while neoliberalism focuses on the market, treats the conditions needed for health as commodities and benefits the most economically advanced, a human rights approach is based on the recognition of the inherent dignity and worth of the human person, frames the social determinants of health as public goods and focuses on the protection of the most vulnerable and disadvantaged individuals and groups. Some commentators have argued that because of the inherent incompatibilities of human rights approaches with neoliberal capitalism, human rights advocates must, by definition, challenge the dominant model of globalisation (O'Connell, 2007). Health is widely recognised as a public good UN, 2000) and so will remain incompatible with reliance solely on market-based strategies for its distribution.…”

Section: Human Rights and Health Systemsmentioning

confidence: 99%