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    Rights and Responsibilities in the Coronavirus Pandemic
    Kathryn Sikkink. 3/16/2020. “Rights and Responsibilities in the Coronavirus Pandemic.” OpenGlobalRights. See full text.Abstract
    Touching on points from her newly published book, The Hidden Face of Rights: Towards a Politics of Responsibilities, Kathryn Sikkink urges the global community to place responsibility on all actors to uphold human rights during the Coronavirus pandemic. 

    Building on the work of Iris Marion Young in her posthumous book, Responsibility for Justice, in The Hidden Face of Rights, I argue that all actors socially connected to structural injustice and able to act, need to take action to address the injustice. One problem with the word responsibility is that people often use it in the common legal meaning focused on who is to blame or liable. This is what Iris Young has called backward-looking responsibility or the “liability model.” She focused on political responsibility that is forward-looking. This kind of responsibility asks not “who is to blame,” but “what should we do?” Forward-looking responsibility is necessary to address the Coronavirus pandemic and to think about what we should do in the world after the pandemic. I also draw on Max Weber’s idea of an ethic of responsibility in Politics as a Vocation to stress that it is not enough to act with good intentions. We also need to have done our research about the most effective way to act so that our actions have the impact we seek.


    This framework is useful in the context of the Coronavirus crisis because it involves both a range of rights and responsibilities of many actors. Our right to health, but also rights to liberty, freedom of movement, to education, to information, to food and shelter are all at stake. As countries ramp up exclusionary travel and border policies, some of these rights may be imperiled, and governments need to strike a balance between protecting the health and respecting human rights, as the WHO Secretary General recognized in his briefing on March 12. A quarantine is a legitimate state policy in times of health emergencies, but the state must attend to the rights of individuals caught in the quarantine to adequate health care, food, and shelter. 

    Viktor Orban’s Viral Authoritarianism
    John Shattuck. 4/6/2020. “Viktor Orban’s Viral Authoritarianism.” The American Prospect . See full text.Abstract
    Countries around the world are restricting freedom of movement, however, Hungary is taking it one step further.

    The global pandemic claimed its first democracy on March 30 when Hungarian Prime Minister Viktor Orban won approval from his parliament to rule Hungary indefinitely by decree. Orban’s new powers give him unlimited authority to fight the coronavirus by suspending parliament and all future elections, overriding Hungarian law and imprisoning persons found guilty of the new crimes of “violating a quarantine” and “spreading false information.”

    Democratic governments all over the world are undertaking temporary emergency measures to address the pandemic crisis, but none are as sweeping as Hungary’s. Temporarily restricting freedom of movement and prescribing social distancing are reasonable limits on civil liberties aimed at containing the virus. But the Hungarian case demonstrates how the public-health crisis can be used as an excuse to promote authoritarianism far beyond the current emergency.

     

    Reimagining Social Movements and Civil Resistance during the Global Pandemic
    Erica Chenoweth, Salil Shetty, and Matthew Smith. 4/17/2020. “Reimagining Social Movements and Civil Resistance during the Global Pandemic.” Carr Center Covid-19 Discussion Paper Series, 04. See full text.Abstract
    Carr Center faculty and fellows outline how social movements and civil resistance can take shape in a time of social distancing, and how these efforts are more important than ever in holding governments accountable.

    We interviewed Berthold Beitz Professor in Human Rights and International Affairs, Erica Chenoweth, Senior Carr Fellow Salil Shetty, and Co-founder and Chief Executive Officer of Fortify Rights, Matthew Smith, to discuss how social movements and civil resistance efforts are changing shape in the face of the Covid-19 pandemic. 

    Read the full paper here. 

     

    Submission to the Commission on Unalienable Rights
    Gerald L. Neuman. 4/30/2020. “Submission to the Commission on Unalienable Rights.” Carr Center Discussion Paper Series, 2020-007. See full text.Abstract
    The Charter of the Commission on Unalienable Rights includes the objective of proposing “reforms of human rights discourse where it has departed from our nation’s founding principles of natural law and natural rights.” This mission statement has prompted concern among some observers that the Commission is being asked to redirect U.S. human rights policy in ways that would be self-defeating and would create serious damage to international cooperation for the protection of human rights. In his address, Neuman addresses the claim that there are too many human rights; the protection of diverse sexuality; the equal priority of economic/social rights and civil/political rights; the usefulness of “natural law” at the international level; and the question of privileging freedom of religious conduct over other human rights.

    Read the full paper here.

    Gerald L. Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and the Co-Director of the Human Rights Program at HLS. He teaches human rights, constitutional law, and immigration and nationality law. His current research focuses on international human rights bodies, transnational dimensions of constitutionalism, and rights of foreign nationals. He is the author of Strangers to the Constitution: Immigrants, Borders and Fundamental Law (Princeton 1996), and co-author of the casebook Human Rights (with Louis Henkin et al., Foundation Press).

    George Floyd and the History of Police Brutality in America
    Kadijatou Diallo and John Shattuck. 6/1/2020. “George Floyd and the History of Police Brutality in America.” Boston Globe. See full text.Abstract
    Kadijatou Diallo and John Shattuck discuss the history of racist policing and violence against African Americans in the U.S.

     

    The horrific death, captured on video, of George Floyd, a 46-year-old black man who died after a white Minneapolis police officer kneeled on his neck, spotlights the longstanding crisis of racism in policing.

    To understand the protests that have erupted across the United States, one needs to understand the deeply troubled history of policing and race. Police brutality, racial discrimination, and violence against minorities are intertwined and rooted throughout US history. Technology has made it possible for the level and extent of the problem finally to be publicly documented. The anger expressed in the wake of Floyd’s killing reflects the searing reality that Black people in the United States continue to be dehumanized and treated unjustly.

     

    After 17 Years, Justice For 9/11 Remains Elusive
    Sushma Raman. 9/27/2018. “After 17 Years, Justice For 9/11 Remains Elusive.” Human Rights First. See full text.Abstract
    Sushma Raman discusses the government’s twin challenges—upholding both the rule of law and national security—and the resulting delays in the trails of the 9/11 suspects.
     

    “My father, along with many residents of the New Jersey town we are from, died on 9/11.  My mother died recently, without seeing justice.  It is possible that we will not see justice in my lifetime.”

    —Family member of victim, September 15, 2018 

    “Khalid Sheikh Mohammed? You mean he is still alive and that trial hasn’t even started?” 

    —A colleague of mine, who is a retired senior U.S. government official, September 17, 2018 

     

    Earlier this month, as an independent observer for Human Rights First, I attended a pre-trial hearing in the Guantanamo military commission for the 9/11 suspects. The proceedings fell on the week of September 10, and it was particularly poignant to be there on the anniversary of the attacks. Seventeen years later, there is no start date for the trial of the five men accused of orchestrating the attacks, and the long-serving judge has just been replaced. 

    The week’s highlights included a “voir dire” of the new judge, in which he was questioned by the prosecution and defense, and a hearing on the dismissal of the former Military Commissions Convening Authority, Harvey Rishikof. 

    Judge Pohl, an Army colonel, announced his retirement in August and assigned Keith Parrella, a military judge with two years’ judicial experience, to replace him. Just before stepping down, Judge Pohl ordered the exclusion of statements the defendants made to FBI interrogators after their transfer from CIA secret prisons, also called “black sites,” to Guantanamo. 

    Lawyers for the defendants questioned incoming Judge Parrella on his limited experience as a military judge and in death penalty cases. They also raised the potential for conflict of interest, given Parella’s prior work at the Department of Justice (DOJ) as a fellow alongside several members of the 9/11 prosecution team. 

    They also inquired about his knowledge of “mitigation”—evidence from the defense geared to persuade the court that the defendants should not receive a death sentence. The defendants spent years in the CIA’s Rendition, Detention, and Interrogation program. Their brutal treatment will undoubtedly be raised as a mitigating factor during any sentencing phase. Defense attorneys also questioned Parella’s ability to come up to speed on past rulings. He would have to review more than 20,000 pages of transcripts of the last six years of pre-trial proceedings. 

    On September 10th, all five defendants were present at the start of the day, along with their defense counsel. The new judge agreed to, among other things, allow the defendants to be unshackled (unless there was probable cause) and keep breaks in the day that coincide with the defendants’ prayer times.

    On Tuesday, September 11th, all five defendants were absent in the morning. Judge Parrella set forth his findings that he possessed the requisite skills and experience to preside in the case, that his DOJ fellowship did not pose a conflict, and that he has no personal bias against the defendants or prior affiliation with the case. 

    Another key matter was the firing of Convening Authority Harvey Rishikof. The government argued that Rishikof was fired due to concerns about judgment, temperament, and a lack of appropriate coordination with superiors. The court heard testimony from Lieutenant Doug Newman, an investigator assigned to the office that oversees the defense teams, who described his investigation into Rishikof’s firing. Newman discussed his interviews with former Obama Administration officials, including Deputy Secretary of Defense Robert Work and former White House Counsel Neil Eggleston. According to Newman, Eggleston indicated that President Obama had become frustrated with the slow pace and cost of the process and asked for a path to move the case forward. 

    Defense counsel said that Rishikof had been exploring plea deals that would have taken the death penalty off the table and expedited proceedings. They questioned whether his firing constituted unlawful command influence from political appointees who sought to shape the judicial workings of the case and thus, compromise the independence of the proceedings. 

    Upholding both the rule of law and national security are the twin challenges facing the government in this case. The use of torture, as well as alleged government surveillance and intrusion into attorney-client conversations, may result in delays for years to come, with justice remaining elusive for the victims, their families, and the American public. 

    Sushma Raman is the Executive Director of the Carr Center for Human Rights Policy at the Harvard Kennedy School and served as an independent observer representing Human Rights First. This blog does not reflect the official opinion or position of Harvard Kennedy School or the Carr Center for Human Rights Policy. 

     

    Voting Rights
    John Shattuck and Mathias Risse. 11/6/2020. Voting Rights. Reimagining Rights and Responsibilities in the United States. 2020002nd ed. Carr Center for Human Rights Policy. Read the ReportAbstract

    After more than a century of expanding the voting rights of previously disenfranchised groups, the American electoral system today is confronted by political and legal maneuvers to curtail the hard-won rights of these same groups, ostensibly in the name of combating fraud and regulating voting, but actually to change the outcome of elections. 

    "Political campaigns to suppress or dilute votes corrode democracy, frustrate the popular will, and stimulate polarization."

    Attacks on the integrity of the electoral system are not new. Throughout the 19th and much of the 20th century dominant political forces suppressed voting by African Americans and other minorities, women, immigrants, and young people. Manipulation of voting in the 20th century included racist suppression of African American votes, first by Democrats and later by Republicans. These practices are blatant examples of the vulnerability of the electoral process to partisan manipulation and the necessity of reform to safeguard voting rights, especially among these vulnerable groups.

    In his timely addition to the Reimagining Rights and Responsibilites in the U.S. paper series, authors John Shattuck, Mathias Risse, and team outline the expansion of the vote through history, the disproportionate impact of voter suppression, and propose a set of policy recommendations accordingly.

    Read the full report. 

    See all the issues of the Reimagining Rights and Responsibilities paper series here

     

     

    Money in Politics
    John Shattuck and Mathias Risse. 11/18/2020. “Money in Politics.” Reimagining Rights and Responsibilities in the United States, 2020-003. See full text.Abstract

    As Yogi Berra once said, “A nickel ain’t worth a dime anymore.” Nothing could be truer when it comes to money in American politics. In the 2000 election, candidates and outside groups spent a combined $3 billion on the presidential and congressional races. Not two decades later, in 2016, the amount spent more than doubled to a combined $6.5 billion. For 2020, forecasters project that the total amount spent on political advertising alone will reach $10 billion.

    There’s a simple reason for this exponential rise in political expenditures: the Supreme Court’s interpretation of the First Amendment to preclude the regulation of many aspects of campaign finance. That decision in 1976 first opened the floodgates of contributions to political campaigns.

     

    "Nowhere is money felt more than in the explosion of spending by outside groups to elect and influence candidates in the past decade, which have simultaneously increased amounts while decreasing accountability."

     

    In this issue of the Reimagining Rights and Responsibilities in the U.S. paper series, the authors outline how the bipartisan use of money in politics undermines the democratic process. 

    Read the full report.  

    See all the issues of the Reimagining Rights and Responsibilities paper series here

    Civic Education
    John Shattuck and Mathias Risse. 11/30/2020. “Civic Education.” Reimagining Rights and Responsibilities in the United States, 2020-004. See full text.Abstract

    A well-informed citizenry is essential in a democracy to preserve American values and make sound decisions in every area, from the school board meeting to the voting booth. Yet, arguably, in no other way have Americans fallen so short from what the Framers intended than in their understanding of and participation in democratic governance. A 2019 survey by the Annenberg Public Policy Center of the University of Pennsylvania found that only 39 percent of respondents could name all three branches of government, and 22 percent could not name any. Voting rates average only 56 percent in presidential elections, and are as low as 40 percent in mid-terms, ranking the U.S. far below most other democracies in voting participation. In short, the American people are not well-informed about their own government, do not turn out to vote in high numbers, and do not engage significantly in politics and civics.

    In addition to providing a set of policy recommendations, this issue of the Reimagining Rights and Responsibilities paper series outlines historical origins of civic education, the status of state and federal requirement, the dearth of federal funding, and the current political tensions within civic education. 

    Read the full paper here.  

    See all the issues of the Reimagining Rights and Responsibilities paper series here

    Are Rights and Religion Orthogonal?
    Richard Parker. 12/2/2020. “Are Rights and Religion Orthogonal?” Carr Center Discussion Paper Series, 2020-13. See full text.Abstract

    Talking about “rights” is to talk about a fundamental cornerstone of our democracy, our system of law, our ethics, and—perhaps most deeply—our identity.

    One of the rights we Americans customarily consider ours is “our right to religious freedom,” which, as enshrined in the First Amendment, is not one but two important correlate rights– our individual right to worship (or not) as we please, and our collective right (and duty) to prohibit any sort of government favoritism toward (or disfavoring of) any organized religion.

    In his paper, author Richard Parker weaves the history and evolution of religious freedom into the context of human rights.  

    Read the full text. 

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