The Routledge History of Human Rights

Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
List of illustrations
List of contributors
Acknowledgments
1. Introduction: an open-ended and contingent history of human rights
A big picture
E-version flexibility: alternative themes and perspectives
Notes
PART I: The new internationalism
2. John Anderson – slave, refugee, and freedom fighter: a human rights campaign in the age of empire
The language of activism: key concepts at acritical crossroads
Anderson’s story: melodrama, empathy, and universal rights
Personal sovereignty, national sovereignty, and intra-imperial politics
Conclusion: making universal rights stick
Notes
3. Investigating and ameliorating atrocities in the nineteenth century: international commissions of inquiry in the Balkans (1876–80)
Proposed international commissions in the early stages of the“Great Eastern Crisis” (1876)
AEuropean commission in the wake of the Russo-Turkish War: the Commission for Mt. Rhodope (1878)
Atrocities in the new state of Eastern Roumelia: the Aidos and Kirdjali commissions of inquiry (1880)
Concluding thoughts
Notes
4. Reclaiming Congo reform for the history of human rights
“Their lives were useless to them”: Roger Casement prepares the evidence
“Measures…€to abate the evils prevalent in that state”: framing the law
Confronting the evidence: Leopold’s international inquiry
Conclusions: human rights advocacy as apractice of persuasion
Notes
5. The Red Cross and the laws of war, 1863–1949: international rights activism before human rights
Absolute obedience to the state, 1863–1914
Violence against wounded soldiers, POWs, and civilians, 1914–21
The superior laws of humanity, 1921
The absence of sacred respect, 1922–39
International legal revisions, 1945–9
Conclusion
Notes
PART II: The interwar era: the League of Nations
6. United in their quest for peace? Transnational women activists between the World Wars
The wartime gathering of women at The Hague and the creation of the Women’s International League for Peace and Freedom
Peace as aunifying goal in the 1920s
Disagreements over methods of peace activism
Cooperation for peace and disarmament: toward anew vision of humanism
Broadening agendas and working for “human rights”
Strengthening equal rights through peace
Challenges to internationalisms
Conclusion
Notes
7. The “rights of man” and sex equality: international human rights discourses in the 1930s
The international declaration of the rights of man: aconversation among experts
Acry of desperation: human rights entering the international arena
Whose rights are the rights of man? Sex equality and expanding the definition of nondiscrimination
Conclusion
Notes
PART III: The formative UN era A. UN treaty-making
8. Social and economic rights: the struggle for equivalent protection
Introduction
The International Covenant on Economic, Social and Cultural Rights
Objections to justiciability
Moving towards justiciability
Conclusion
Notes
9. Islam and UN human rights treaty ratification in the Middle East: the impact of international law on diplomacy
Theoretical puzzles
Islam and human rights in MENA
Islam and MENA RUDs to human rights treaties
MENA diplomatic dialogues with UN human rights treaty committees
Conclusions: Islam and UN human rights treaty ratification in MENA– progress and limitations
Notes
10. When the war came: the child rights convention and the conflation of human rights and the laws of war
The long road to aweak article
Correcting the drafting mistake
Conclusions and suggestions for further research
Notes
B. Decolonization
11. “Why then call it the declaration of human rights?” The failures of universal human rights in colonial Africa’s internationally supervised territories
Legalism in Africa’s internationally mandated territories
Universal human rights claims from Africa’s UN trust territories
Notes
12. Decolonization, development, and identity: the evolution of the anticolonial human rights critique, 1948–78
Sincere aspiration or the armament of expediency? Human rights against and after empire
“Somebody else’s book of rules”: the rise of development as ahuman rights exception, 1953–61
Anticolonial human rights renovation in the 1960s: amore perfect universalism?
Bad advice? Postcolonial critique of human rights arrives at the UN
Towards a universal particularism: identity,
community, and tradition
Breakthrough and breakup? The proliferation of “human
rights” language
Conclusions
Notes
13. “When you are weak, you have to stick to principles”: Botswana and anticolonialism in human rights history
The case of Botswana
Race and human rights in Bechuanaland
Human rights idealism and the quest for foreign assistance
Botswana’s movement for individual and national self-determination
Conclusion
Notes
C. Socialist and capitalist versions of human rights
14. The International Labour Organization and the gender of economic rights
Overview
Gendered labor in human rights historiography
The hidden gender paradigm
The equal treatment paradigm
The special treatment paradigm
Women’s rights as human rights
Notes
15. Human rights movements and the fall of the Berlin wall: explaining the peaceful revolution of 1989
Human rights and 1989 historiography
From the international year for human rights to a
human rights movement
Human rights for peace, the environment, and reform
1989 and the fall of the Berlin wall
Conclusion
Notes
16. Human rights in China: resisting orthodoxy
Introduction
Orthodoxy and resistance in modern China’s political tradition
Human rights standards in China today
Forms of resistance in contemporary China
Conclusion: resistance to orthodoxy and implications for the party-state
Acknowledgment
Notes
17. Continuity and change in US human rights policy
Beginnings
The primacy of the Cold War
Anew approach to human rights
Democratization of US policymaking
The beginning of a human rights movement
Human rights after the Cold War
Human rights and the War on Terror
Notes
PART IV: After formal empire and the Cold War: how human rights are practiced around the globe (1980s–2001)
18. The universality of human rights: early NGO practices in the Arab world
Activism under occupation
The struggle for non-partisanship in Morocco
The Kuwait Society for Human Rights
Conclusion
Acknowledgment
Notes
19. How women become human: Chilean contributions to women’s human rights from dictatorship to the twenty-first century
International human rights initiatives and their discontents
Women’s rights as human rights under Chilean dictatorship: confronting an authoritarian-patriarchal regime
Self-help initiatives, solidarity art, and challenges to the master narrative
Solidarity and the internationalization of women’s rights
Feminist awareness raising: knowledge production and actions
Words, language, and knowledge production
Las Protestas, the return to democracy, and the
institutionalization of a women’s rights agenda
Conclusion: assessing the state of women’s human rights
Notes
20. The Mothers of the Plaza de Mayo: from dictatorship to democracy
Introduction
In the crucible of state terror
An incomplete transition
The politics of memory in aneoliberal age
La década ganada: an ambivalent triumph?
Conclusions
Notes
21. Asma Jahangir: personifying the human rights debate in Pakistan
Introduction
Islamization of the 1980s: challenges to human rights
Women’s struggles against a theocratic state
Global and local debates over human rights/Muslim
rights for women
Women’s autonomy as the key to human rights
A“liberal” dictatorship and contradictions of rights
Asma: the messiah for minorities
Human rights as the betrayal of Muslimness
New proposals for human rights in Muslim contexts
The task of Asma’s legacy
Notes
PART V: The universal human rights pantheon in national contexts
22. Freedom of religion and the new diversity: case studies from Canada
Before the Canadian Charter of Rights and Freedoms (1982)
After the Canadian Charter of Rights and Freedoms
From religion to culture
Reasonable accommodation
The Ktunaxa case (2017)
Conclusions
Acknowledgments
Notes
23. Indigenous activism for human rights: a case study from Australia
Introduction
Distinctive cultures, distinctive histories
Gathering together: survival and land
William Cooper: shared struggles, difference, and Indigenous rights in the twentieth century
Historical lineages, contemporary struggles
Notes
24. The international LGBT rights movement: an introductory history
Notes
25. Rights in isolation: lessons on public health and human rights from leprosy and HIV in the Pacific Islands
Introduction
An isolated incident? An old approach to anew disease
The impact of isolation on public health and human rights
Imported diseases and imported responses
Leprosy: the classic disease of isolation
HIV: the first disease of the human rights era
Different lessons from another island: HIV and isolation in Cuba
Anew disease and an old approach in the Pacific
Conclusion
Notes
PART VI: New forms of accountability in a national security world (2001 to the present)
26. Decentralization and public–private diplomacy in the business and human rights field
Early corporate accountability at Nuremberg
The downfall of US alien tort statute litigation
Settling Nazi-era wartime forced labor: inclusive public–private diplomacy as an alternative to the courts
Proliferation of the UN guiding principles on business and human rights
Joint development and implementation of the accountability and remedy project
Conclusion
Notes
27. The selectivity of universal jurisdiction: the history of transnational human rights prosecutions in Latin America and Spain
Introduction
Universal jurisdiction: definition, scope, and limits
Evolution of international accountability: universal jurisdiction as atransitional justice mechanism
The history of universal jurisdiction in Latin America and Spain: complaints before the Spanish national court
Victims of the Franco dictatorship seeking justice in Argentina
Conclusions: the selective application of acontested global norm
Notes
28. Militarized sexual violence and campaigns for redress
The early twentieth century
The military management of sexuality in the Asia-Pacific War (1937–45)
Post-World War II military tribunals
The Korean War and its aftermath
Feminist campaigns
Litigation and international political pressure
Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery
The Wednesday demonstration
Japan–South Korea joint communiqué
Sexual violence and international law
Conclusions
Notes
29. Solidarity rights and the common heritage of humanity
Introduction
Solidarity rights
The common heritage of humanity in international law
The common heritage of humanity: the World Heritage Convention and practical implications
Solidarity, rights, and heritage: final reflections
Notes
30. Intellectual property law and human rights
A story of two legal regimes divided by a common rights
language
The age of ateliers: from monarchical privilege to the uncertain beginnings of creator rights
Age of international dreamers: from reciprocal rights to universal rights
The age of global governance: collective and personal rights
The second wave of intellectual property protests and human
rights: digital citizen movements
The struggle over rights versus intellectual property in atime of crisis
Conclusion
Acknowledgments
Notes
31. Caged at the border: immigration detention and the denial of human rights to asylum seekers and other migrants
Introduction: if you come, we will take your children
On behalf of an imagined community: the roots of the idea of detaining migrants and asylum seekers
An unbalanced international system
A brief history of immigration detention
Wartime internment
Legislative foundations, 1950s–70s
Current conditions
Detention as deterrence: ahuman rights violation
Conclusion: the persistent violence of immigration detention
Notes
PART VII: The transformative impact of human rights on knowledge
32. Archiving human rights in Latin America: transitional justice and shifting visions of political change
Human rights activism, information politics, and the precursors to transitional justice
Paraguay: the judicialization of transitional justice
Institutionalization and its discontents
Memory, democratization, and the voice of the victim
Transitional justice in the twenty-first century: beyond law as justice
Conclusion: memory and the instrumentalization of information about human rights violations
Notes
33. Emotion in the history of human rights: a case study of the Canadian Museum for Human Rights
Introduction
Designing the Canadian Museum for Human Rights: debates and context
Inside the museum
Conclusion
Notes
34. From the classroom to the public: engaging students in human rights history
Acknowledgments
Notes
Selected bibliography
Index