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Philosophies
Special Issues
The Philosophy of Human Rights Obligations and Omissions
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The Philosophy of Human Rights Obligations and Omissions

A special issue of Philosophies (ISSN 2409-9287).

Deadline for manuscript submissions: closed (1 October 2021) | Viewed by 8217

Special Issue Editors

Dr. Cathrine Felix

E-Mail Website1 Website2
Guest Editor
1. Department of Philosophy and Religious Studies, Norwegian University of Science and Technology (NTNU), NO-7491 Trondheim, Norway
2. Department of Philosophy, Lund University, 221 00 Lund, Sweden
Interests: human rights and philosophy
Dr. Olof Beckman

E-Mail Website
Guest Editor
Division of Human Rights, Department of History, Lund University, 221 00 Lund, Sweden
Interests: human rights obligations; legal system theory; law of responsibility

Special Issue Information

Dear Colleagues,

The main topic of this Special Issue is human rights omissions. States as the primary human rights duty bearers are found wanting more often than not, failing to respect, protect and fulfill human rights according to the commitments made. Such omissions are hinged on the existence of obligations; thus, the two should be discussed in relation to each other. We welcome papers from a wide variety of philosophical and multi-disciplinary perspectives (philosophy, law, political science, economy, theology, etc.) that address these topics and the relationships between them.

Despite the many formal political achievements in the form of declarations, bills and treaties, actual human rights implementation remains illusionary to the majority of humans. The reasons are manyfold and include (1) deliberately vague terminology in legal documents, (2) a lack of national codification, (3) weak and failing states, (4) the inherently voluntary nature of commitments made by sovereign states and (5) the unclear responsibility of dominant and obtrusive actors such as large multinational corporations.

Problems such as these are known to states and grassroots activist alike, yet the common conclusion seems to be to proceed with caution. A possible explanation for this could be that the feasibility of new reforms is unclear to all, while the risks in terms of a possible loss of gains made in such a would-be renegotiation is equally clear. A careful maintenance of the status quo focusing on ceremonial implementation was hardly the aim of any actor but has still become a reasonable description of the current situation.

To promote progress in the field of human rights, academically as well as in society, it is crucial that the human rights discourse focuses more on known yet highly volatile issues such as these. The aim of this Special Issue is to contribute to a substantive discussion on human rights obligations and omissions by, among other things, formulating a concrete and functional critique of the understandings, assumptions and mechanisms for human rights protection and implementation.

Dr. Cathrine Felix
Dr. Olof Beckman
Guest Editors

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Philosophies is an international peer-reviewed open access semimonthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1400 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • Human rights claims
  • Structural violations
  • Philosophy of obligations and omissions
  • Non-state actors
  • State sovereignty
  • Just satisfaction

Published Papers (3 papers)

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Research

11 pages, 222 KiB  
Article
A Critique of the Inclusion/Exclusion Dichotomy
by Cathrine Victoria Felix
Philosophies 2024, 9(2), 30; https://doi.org/10.3390/philosophies9020030 - 24 Feb 2024
Viewed by 1070
Abstract
In contemporary discourse, inclusion has evolved into a core value, with inclusive societies being lauded as progressive and inherently positive. Conversely, exclusion and excluding practices are typically deemed undesirable. However, this paper questions the prevailing assumption that inclusion is always synonymous with societal [...] Read more.
In contemporary discourse, inclusion has evolved into a core value, with inclusive societies being lauded as progressive and inherently positive. Conversely, exclusion and excluding practices are typically deemed undesirable. However, this paper questions the prevailing assumption that inclusion is always synonymous with societal progress. Could it be that exclusion, in certain contexts, serves as a more effective tool for advancing societal development? Is there a more intricate interconnection between these phenomena than conventionally acknowledged? This paper advocates moving beyond a simplistic inclusion/exclusion dichotomy and puts forth two theses. First, it posits that exclusion can, at times, be a superior metric for gauging progress. Second, it contends that inclusion and exclusion are thoroughly entwined, challenging the notion of a clear demarcation between them. The underlying premise is that, much like inclusion, there can be meaningful value associated with exclusion. Furthermore, applying a rigid inclusion/exclusion dichotomy oversimplifies the discourse on societal progress, providing an artificial representation of what constitutes advancement. Such oversimplification hampers both contemporary research in the humanities and broader political discourse. The primary objective of this paper is to introduce a fresh perspective to the discourse surrounding societal progress. By challenging the fundamental conceptual framework, it seeks to add nuance to the ongoing debate, fostering a more comprehensive understanding of the complexities inherent in measuring progress within society. Full article
(This article belongs to the Special Issue The Philosophy of Human Rights Obligations and Omissions)
12 pages, 228 KiB  
Article
International Human Rights Protections Find Support in Hobbes’ Leviathan
by Hege Cathrine Finholt
Philosophies 2022, 7(3), 47; https://doi.org/10.3390/philosophies7030047 - 20 Apr 2022
Cited by 1 | Viewed by 2250
Abstract
In her paper “Sovereignty and the International Protection of Human rights”, Cristina Lafont argues that “The obligation of respecting human rights in the sense of not contributing to their violation seems to be a universal obligation and thus one that binds states just [...] Read more.
In her paper “Sovereignty and the International Protection of Human rights”, Cristina Lafont argues that “The obligation of respecting human rights in the sense of not contributing to their violation seems to be a universal obligation and thus one that binds states just as much as non-state actors.” In this paper, I argue that one can find support for this claim in Thomas Hobbes’ Leviathan. This requires a different reading of Leviathan than the one that is typically performed by realist thinkers, such as, for instance, Morgenthau and Mearsheimer, who read Hobbes as someone who has no regard for human rights. Contrary to the realists, I suggest a reading of Leviathan that shows that there is in fact a normative underpinning of Hobbes’ view of sovereignty, to the extent that Hobbes can be taken to be one of the forerunners of international law. I do this by showing how Hobbes’ reasons for establishing sovereign power, and not his conclusions on how to organize sovereign power, may give support to Lafont’s claim that an obligation to respect human rights is not confined to the sovereign state, but also to extra-state institutions. Full article
(This article belongs to the Special Issue The Philosophy of Human Rights Obligations and Omissions)
21 pages, 279 KiB  
Article
Human Rights and Democracy—Obligations and Delusions
by Hans Kolstad
Philosophies 2022, 7(1), 14; https://doi.org/10.3390/philosophies7010014 - 28 Jan 2022
Cited by 1 | Viewed by 3555
Abstract
Based on today’s compromises with human rights and the numerous violations of them, which for several countries seems to be the rule rather than an exception, this article discusses the cause of the delusions that in today’s politics are attached to human rights. [...] Read more.
Based on today’s compromises with human rights and the numerous violations of them, which for several countries seems to be the rule rather than an exception, this article discusses the cause of the delusions that in today’s politics are attached to human rights. An analysis is made of the nature of human rights understood as something common and universal for all people. On this basis, a division of human rights is proposed, which at the same time means limiting them to perfect, imperfect and adventitious rights. Central to the discussion is the question of how the normative element of human rights should be understood. This article distinguishes between two approaches to the question, where one is identified as a source of current misconceptions about human rights, while the other is highlighted as a possible answer to key challenges facing democracy. Full article
(This article belongs to the Special Issue The Philosophy of Human Rights Obligations and Omissions)
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