Journal of Human Rights Graphic image by Kathe Kollwitz


Volume 1 Number 3 September 2002
Alek D. Epstein:  

The freedom of conscience and sociological perspectives on dilemmas of collective secular disobedience: the case of Israel

This paper analyzes the transformation of the conscientious objection patterns that occur in a large number of countries, and Israel (discussed in this paper more profoundly) is one of them. Paradoxically, pacifist conscientious objection, which often lacks acknowledgement by the civil society, has received legal recognition in various countries, whereas the conscientious disobedience, which is usually justified by a large number of ëlegitimateí civil society organizations and groups, as a rule is not assigned any recognized status by the legal authorities. The broadening of conscientious disobedience and the rise in a number of civil society groups that evidently express their disagreement with the state authoritiesí current policy certainly demonstrate a decline in the extent of the legitimacy of the state and its institutions. The changing sociopolitical reality and the transformation of conscientious objection require a redefinition of the phenomenon of conscientious disobedience by the legal and legislative authorities.

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Neve Gordon:  Outsourcing violations: the Israeli case
Using the Israeli case as a point of reference, this paper suggests that the term outsourcing, borrowed from economic discourse, can serve as a powerful explanatory device that facilitates the conceptualization of existing processes pertaining to human rights violations. It allows us to draw a connection among several phenomena that are usually conceived to be independent and unconnected, while disclosing and capturing some of the predominant features characterizing the global violation of human rights. Demonstrating that outsourcing violations is an increasingly prevalent strategy used to mask power and thus abdicate social and moral responsibility, the author argues that its benefits are legal, political, and economic. From a legal perspective, the employment of subcontractors is effective since it obfuscates the connection between Israel and the contravening act, making it extremely difficult to hold Israel legally accountable for violations it sanctions. From a political perspective, outsourcing is beneficial because even if the abuses are exposed, they are frequently presented to the public as having been perpetrated by someone else. Finally, the use of subcontractors is economically advantageous because it enables the violator to avoid legal prosecution and political embarrassment, both of which can have an unfavorable effect on capital.

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Simon Clarke:  On strangers: phantasy, terror and the human imagination
This paper explores the interface between sociology and psychoanalysis using Zygmunt Bauman's notion of the 'stranger' as a conceptual tool to investigate the possibility of developing a sociology of the imagination. The aim of this paper is to explore the way in which we can look at human emotion without resorting to some form of cognitive science mode and to understand the way in which we perceive and act in relation to others using some psychoanalytic ideas. In other words, how we can imagine how the imagination works in an interpretative, subjective and hermeneutic way and the specific implication this has for the basic human rights of individuals?

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Morton Winston:  The death penalty and the Forfeiture Thesis
Opponents of the death penalty argue that judicial executions violate the condemned prisonerís right to life. Death penalty retentionists often attempt to counter this argument by asserting that persons convicted of capital crimes have forfeited their right to life. This paper examines the logic of the Forfeiture Thesis, and a related assumption, the State Authority Thesis, in relation to the properties of the human right to life of inalienability, waivability, defeasibility, and derogability. A new argument for the inalienability of the right to life is presented that refutes the Forfeiture Thesis. Further, it is argued that it is implausible and unnecessary to believe that the human right to life is alienable under any circumstances, and, in particular, it is dangerous to allow sovereign states, no matter how their governments are constituted, the power to alienate a personís human right to life, but that it is justifiable to allow governments to define specific conditions under which claims made under this right can be defeated. The upshot of this argument is to discredit one of the more popular reasons for retaining the death penalty, and to clarify the conditions under which various other retentionist arguments for its continued use can possibly be successful.

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John D. Montgomery:   Is there a hierarchy of human rights?
People's actual experiences with human rights reveal which ones are the most prevalent in their daily lives, and thus provide a possible basis for estimating their relative importance and for adopting appropriate policies. Denials and abuses are relatively rare in the Western world, but different groups have very different experiences. The most disadvantaged groups are the members of minority races (especially blacks). Upper income groups have better experiences than the others, suburban dwellers better than urbanites or rural inhabitants, and men better than women regarding most rights. Property rights are rarely a source of either positive or negative experiences. The greatest problems result from acts in the civil society and from local abuses, not from national governments, which, however, have distinct responsibilities of their own.

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Adam Jones:   Of rights and men: towards a minoritarian framing of male experience
'Gender' has standardly been deployed in the human rights discourse to designate rights violations that target women and girls. To the extent that the male experience has been considered under this rubric, the focus has generally been on minority males - particularly blacks. Seeking to supplement rather than supplant this approach, this article argues that the variable of minority ethnicity, social class, and age can be separated from gender for analytical purpose. When they are, the gender variable can be seen as equally if not more significant to an understanding of human rights abuses in the United States and elsewhere. The article contends that the most severe and institutionalized human right abuses in the US are overwhelmingly inflicted upon men, especially - though far from exclusively - younger, poorer, and minority men. It focuses on four key institutions: incarceration, the death penalty, police violence, and registration for military conscription. The article concludes by deploying the concept of 'men and minorities,' suggesting that the phrase may be every bit as apt as 'women and minorities,' and that younger men may deserve acknowledgement and attention as a minority group in their own right.

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James Russell:   The ambivalence about the globalization of telecommunications: the story of Amnesty International, Shell Oil Company and Nigeria
A great deal of optimism has surrounded the recent globalization of telecommunications. One such benefactor of this telecommunications revolution may be international non-governmental organizations such as Amnesty International. Conceivably, human rights violations will become increasingly visible and states more accountable. However, concerns about the privatization of media and the growing involvement of multinational corporations in human rights abuses gives cause for ambivalence about the globalization of telecommunications. This article investigates the public relations battle that occurred between Amnesty International and Shell Oil Company over human rights violations in Nigeria in the 1990s, highlighting the problems of the liberalization of telecommunications.

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