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Federica D’Alessandra. 2014. “Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories.”. See full text.Abstract

dalessandra_israelsaltlegality_utrecht.pdf

This working paper focuses on the legal protection awarded to the Arab populations under Israeli jurisdiction.

 

In analyzing their legal protection, the author distinguishes between Arab Israelis and other Arab populations resident in territories under Israeli jurisdiction. The author does not deal with Israeli settlements or other discriminating laws such as marriage laws and the family reunification laws, but focuses on anti-terrorism measures. The working paper is divided in three parts: in the first part, the author discusses Israel’s domestic obligations towards Arab Israelis and Palestinian residents, and their de facto discrimination. The second part discusses the applicability of the Fourth Geneva Convention to both the Occupied Palestinian Territories and Palestinian unlawful combatants. The third part discusses the applicability of human rights law to all territories under Israeli jurisdiction, and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The working paper concludes that many Israeli anti-terrorism measures (such as check-points, night searches of Palestinian households, administrative detentions and targeted executions of Palestinian militants) violate individuals’ rights protected under domestic and international law. Moreover, this working paper finds that Israel’s rationale underpinning the non-applicability of such legislation to the Arab populations under its jurisdiction constitutes a form of ‘alternative legality’ and discrimination.



Mathias Risse. 4/15/2018. Human Rights and Artificial Intelligence: An Urgently Needed Agenda? . Carr Center Discussion Paper Series. 2018002nd ed. Cambridge, MA: Carr Center for Human Rights Policy. See full text. Abstract

Human Rights and Artificial Intelligence: An Urgently Needed Agenda? by Mathias Risse 

 

Artificial intelligence generates challenges for human rights. Inviolability of human life is the central idea behind human rights, an underlying implicit assumption being the hierarchical superiority of humankind to other forms of life meriting less protection. These basic assumptions are questioned through the anticipated arrival of entities that are not alive in familiar ways but nonetheless are sentient and intellectually and perhaps eventually morally superior to humans. To be sure, this scenario may never come to pass and in any event lies in a part of the future beyond current grasp. But it is urgent to get this matter on the agenda. Threats posed by technology to other areas of human rights are already with us. My goal here is to survey these challenges in a way that distinguishes short-, medium-term and long-term perspectives



Joseph Nye. 4/2/2019. Human Rights and Foreign Policy from FDR to Trump. Carr Center Discussion Paper Series. 2019005th ed. Cambridge: Carr Center for Human Rights Policy, Harvard Kennedy School. See full text.Abstract

This working paper is a transcription of a talk given by Joseph Nye for the Carr Center's Fierce Urgency of Now lecture series. 

 



Mathias Risse. 2/28/2020. “Human Rights and Social Order: Philosophical, Practical, and Public Policy Dimensions.” Carr Center Discussion Paper Series, 2020-001. See full text.Abstract

Human Rights and Social Order.pdf

In his recent discussion paper, Mathias Risse reflects on the 2019 protests in Chile from a a standpoint of political theory and the human rights movement.

This paper was written in preparation for a talk at the Catholic University of Chile (Pontificia Universidad Católica de Chile) in December 2019. Risse was invited to reflect on the widespread and often violent protests that had occurred in Chile during the last three months of 2019 from a standpoint of political theory and the human rights movement. Key themes in this paper include the necessary conditions for the legitimacy of a government and the role of human rights (and the equal or unequal value that such rights may have for different people) in that context; a distinction between policy-based and legitimacy/justice-based protests and one between persuasive and non-persuasive means of protest, and how they apply to highly economically unequal societies in general and to the situation in Chile in particular; some considerations directed at protesters as they think about expanding non-persuasive means of protest to include destruction and violence; some considerations exploring the responsibilities of the government of Chile under these circumstances; and finally some thoughts drawing on the adaptive-leadership approach on current challenges for Chilean politics. 

Read the article here. 



Kathryn Sikkink. 3/14/2018. “Human Rights Aren’t Just from the Global North – so Why Aren’t We Talking About It?” EachOther.Abstract

Kathryn Sikkink looks at the outstanding contributions of human rights activists from Chile to China.

When we discuss the origins of human rights, we tend to focus on contributors from the Global North like Eleanor Roosevelt and René Cassin. But are we getting the full picture? Kathryn Sikkink, author of Evidence for Hope: Making Human Rights Work in the 21st Century, says no. She argues that human rights owe their existence to a global effort, with important contributors from the Global South.   

RightsInfo went to her talk, organised by the Centre on Conflict, Rights and Justice and the Centre for International Studies and Diplomacy, to find out more.

When we discuss the origins of human rights, we tend to focus on contributors from the Global North like Eleanor Roosevelt and René Cassin. But are we getting the full picture? Kathryn Sikkink, author of Evidence for Hope: Making Human Rights Work in the 21st Century, says no. She argues that human rights owe their existence to a global effort, with important contributors from the Global South.  

Original Article on Rights Info.



Mathias Risse. 10/7/2018. Human Rights as Membership Rights in the World Society. 2018006th ed. Cambridge: Carr Center for Human Rights Policy. See full article.Abstract

Human Rights as Membership Rights in the World Society by Mathias Risse 

The idea of human rights has come a long way. Even hard-nosed international-relations realists should recognize that the idea has become so widely accepted that nowadays it arguably has an impact. Many countries have made human rights goals part of their foreign policy. International civil society is populated by well-funded and outspoken human rights organizations. We have recently witnessed the creation of an entirely new institution, the International Criminal Court, as well as the acceptance, at the UN level, of guiding principles to formulate human rights obligations of businesses. Around the world, more and more local concerns are formulated in the language of human rights, a phenomenon known as the vernacularization, or localization, of human rights. Ordinary people increasingly express concerns in terms of human rights rather than a language that earlier might have come more natural to them. They are not just helping themselves to a legal and political machinery. They also make clear that they are articulating concerns others have in similar ways where they live.



Sushma Raman and Steven Livingston. 5/15/2018. Human Rights Documentation in Limited Access Areas: The Use of Technology in War Crimes and Human Rights Abuse Investigations.. Carr Center Discussion Paper Series. 003rd ed. Cambridge: Carr Center for Human Rights Policy. See full text.Abstract

Human Rights Documentation in Limited Access Areas: The Use of Technology in War Crimes and Human Rights Abuse Investigations:

 

We offer a theoretical framework for understanding the role of technological capabilities (affordances) in documenting war crimes and human rights abuses in limited access areas.  We focus on three digital affordances: geospatial, digital network, and digital forensic science.  The paper argues that by leveraging digital affordances, human rights groups gain access to otherwise inaccessible areas, or to information that has been degraded in an effort to obfuscate culpability.  We also argue that the use of digital technology invites a reassessment of what we mean when we speak of a human rights organization.  Organizational morphology in digital space is hybrid in nature, with traditional organizations also taking on or joining more virtual or solely digital forms.



Mathias Risse. 2/12/2019. Human Rights, Artificial Intelligence and Heideggerian Technoskepticism: The Long (Worrisome?) View. Carr Center Discussion Paper Series. 2019002nd ed. Cambridge: Carr Center for Human Rights Policy. See full text.Abstract

Mathias Risse's explores the impact of artificial intelligence on human rights in his latest discussion paper. 

My concern is with the impact of Artificial Intelligence on human rights. I first identify two presumptions about ethics-and-AI we should make only with appropriate qualifications. These presumptions are that (a) for the time being investigating the impact of AI, especially in the human-rights domain, is a matter of investigating impact of certain tools, and that (b) the crucial danger is that some such tools – the artificially intelligent ones – might eventually become like their creators and conceivably turn against them.  We turn to Heidegger’s influential philosophy of technology to argue these presumptions require qualifications of a sort that should inform our discussion of AI. Next I argue that one major challenge is how human rights will prevail in an era that quite possibly is shaped by an enormous increase in economic inequality. Currently the human-rights movement is rather unprepared to deal with the resulting challenges. What is needed is greater focus on social justice/distributive justice, both domestically and globally, to make sure societies do not fall apart. I also ague that, in the long run, we must be prepared to deal with more types of moral status than we currently do and that quite plausibly some machines will have some type of moral status, which may or may not fall short of the moral status of human beings (a point also emerging from the Heidegger discussion). Machines may have to be integrated into human social and political lives.



Kathryn Sikkink. 4/1/2018. “Human Rights: Advancing the Frontier of Emancipation.” Great Transition Initiative. See full text.Abstract

Human Rights: Advancing the Frontier of Emancipation essay by Kathryn Sikkink:

 

Amidst bleak prognostications about the future, the human rights movement offers a beacon of hope for securing a livable world. The movement’s universality, supranationalism, and expanding emancipatory potential serve as inspiration and guide for the larger project of global transformation. The sweeping vision embodied in the 1948 Universal Declaration of Human Rights has experienced constant renewal and steadfast legitimacy in the tumultuous postwar world. It has been a foundation for the pursuit of supranational governance and an antidote to the notion that the ends justify the means. The human rights movement, despite its imperfections, has a key role to play in the transformational change in human values crucial to building a just, flourishing future. 



John Shattuck. 4/3/2017. “Hungary’s Attack on Academic Freedom”.Abstract

See the op-ed in The Boston Globe by Carr Senior Fellow John Shattuck.

An authoritarian nationalist regime in Hungary is threatening a renowned international university in Budapest. Legislation introduced last week by the government of Prime Minister Viktor Orban would fundamentally alter the legal status of Central European University and could force it to shut down or leave the country.

What’s going on in Hungary is not a local political dispute, but a frontal assault on liberal values essential to democracy and academic freedom.

Full Op-Ed here.

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