Virtual Library

Increasingly hard-line and restrictive asylum policies and practices of many governments call into question the scope of protections offered by the 1951 Convention relating to the Status of Refugees. Has the focus on the 1951 Convention been to the detriment and subordination of other rights and standards of treatment owed to refugees and asylum-seekers under international human rights law? Which standard applies in the event that there is a clash or inconsistency between the two bodies of law? In analysing the interface between international refugee law and international human rights law, this article looks at the right to family life and the right to work. Through this examination, content and meaning is offered to the almost forgotten component of the right ‘to enjoy’ asylum in Article 14(1) of the Universal Declaration of Human Rights 1948.

The U.S. Constitution includes civil and political rights—as individual rights—but does not include what is internationally understood to be “human rights,” namely rights we enjoy as equals, including economic, social, and cultural rights, and protections for vulnerable persons, such as children, minorities, mothers, and refugees. The United States has not ratified any international (United Nations) or regional (Organization of American States) human rights treaty, is not a party to the Rome Statute that established the International Criminal Court, and is no longer a member of the United Nations Educational, Scientific, and Cultural Organization. It might be concluded that Americans do not know what human rights are. It is more complicated than that. While opinion polls show that Americans often endorse individual rights—e. g., the rights of women—they do not frame them as being interdependent or being within the purview of government. Can we conclude that human rights have no place in the United States? Not at all. This article concludes by showing that many U.S. institutions of higher learning have programs in human rights and that some academic associations, including the American Sociological Association, recognize human rights.

In the last decade, human trafficking has emerged as a new area of research for sociologists and other scholars across a wide range of fields. Globalization has exacerbated the illicit trade of people and their parts within and across territorial borders, generating concern among activists and academics and prompting the development of a burgeoning literature with varying concerns and viewpoints. This article reviews what we know about human trafficking dynamics and trends, its causes, and current responses, including critiques of anti-trafficking efforts. While much work remains to be done in simply mapping current trafficking activities, a transnational sociological framework can help to move theory and research on trafficking forward.

In this article, I investigate responses to the humanitarian crisis that emerged following the May 2008 xenophobic violence against South African nonnationals that resulted in 62 deaths and the displacement of well over 30,000 people. I focus specifically on how a South African AIDS activist movement, the Treatment Action Campaign (TAC) and its partners, Medecins Sans Frontieres (MSF—Doctors Without Borders) and the AIDS Law Project (ALP), translated a particular style and strategy of AIDS activism into legal, medical, humanitarian, and political responses to the massive population displacement. The TAC provided relief to displaced people in the form of basic needs, such as food, clothes, and blankets, as well as legal aid, and it engaged in activism that promoted the rights of the refugees. I investigate how the ideas and practices of global agencies such as the United Nations High Commission for Refugees (UNHCR) were deployed and reinterpreted by TAC activists. I also examine how TAC activists involved in assisting the refugees drew on a global humanitarian assemblage of categories, legal definitions, norms and standards, and procedures and technologies that went beyond the simple management of “bare life.” TAC’s shift from fighting for antiretroviral drugs (ARVs) to fighting for refugees’ rights reveals a “politics of life” that spans multiple issues, networks, and constituencies. It is also a politics that, at times, strategically deploys standardized bureaucratic logics and biopolitical techniques of humanitarian aid

Festa explores the appeal to humanity (especially to suffering humanity in sentimental mode) in the eighteenth century and in antislavery literature, suggesting that the paradoxes that continue to haunt it are rooted in the theories and practices of its inception.

This volume aims not to retrace the fairly familiar terrain of establishing the legal character of human rights, or to argue the proposition, now well accepted, that human rights are part and parcel of the discipline of international law, but to consider the influence of human rights and humanitarian law on general international law. Although human rights and humanitarian norms are central to the book, then, it is not a book about human rights and humanitarian law. Rather, it deals with the radiation, or the reforming effect, that human rights and humanitarian law has had, and is having, on other fields of public international law. Because of the peculiarities of human rights law, this influence cannot be taken for granted. It is sometimes said that the elaboration of human rights norms and institutions has produced no less than a revolution in the system of international law. Is this true and if so, in what parts of international law? By examining most of the general areas of public international law, the author attempts to demonstrate that the influence of human rights and humanitarian norms has not remained confined to one sector of international law, and that its influence has spread to many other parts, though to varying degrees

The aim of this paper is to explore some contradictory implications of nationalist projects in post-colonial societies. It examines the extent to which elements of national identity and cultural difference are articulated as forms of control over women and which infringe upon their rights as enfranchised citizens. Despite the extensive literature on nationalism, there are relatively few systematic attempts to analyze women's integration into nationalist projects. The little there is conveys seemingly contradictory messages. Like Jayawardena, those who link the rise of feminist movements to anti-colonial and nationalist struggles note its coincidence with a move towards secularism and a broader concern with social reform. Nationalist aspirations for popular sovereignty stimulate an extension of citizenship rights, clearly benefitting women. Since the emergence of women as citizens is also predicated upon the transformation of institutions and customs that keep them bound to the particularistic traditions of their ethnic and religious communities, the modern state is assumed to intervene as a homogenizing agent which acts as a possible resource for more progressive gender politics. In contrast, others expose state interventions as a sham by drawing attention to the entirely instrumental agenda of nationalist policies that mobilize women when they are needed in the labour force or even at the front, only to return them to domesticity or to subordinate roles in the public sphere when the national emergency is over. The apparent convergence between the interests of men and the definition of national priorities leads some feminists to suggest that the state itself is a direct expression of men's interests.

The Predicament of Culture is a critical ethnography of the West in its changing relations with other societies. Analyzing cultural practices such as anthropology, travel writing, collecting, and museum displays of tribal art, James Clifford shows authoritative accounts of other ways of life to be contingent fictions, now actively contested in postcolonial contexts. His critique raises questions of global significance: Who has the authority to speak for any group’s identity and authenticity? What are the essential elements and boundaries of a culture? How do self and “the other” clash in the encounters of ethnography, travel, and modern interethnic relations? In discussions of ethnography, surrealism, museums, and emergent tribal arts, Clifford probes the late-twentieth century predicament of living simultaneously within, between, and after culture.

The racial and gendered politics of the 1996 welfare reform movement incorporated an anti-immigrant stance that fundamentally altered non-citizens' access to public benefits. This article focuses on community mobilization efforts to reframe the discourse of the “immigrant welfare problem” in order to restore benefits in the aftermath of the Personal Responsibility Work Opportunity Reconciliation Act of 1996. Drawing from two years of participatory research in community organizations, I found immigrant rights groups engaged in a variety of counter-rhetorical strategies. These strategies invoked a rhetoric of moral reasoning in order to promote the entitlement of non-citizens to remain eligible for public benefits. Utilizing social movement framing perspectives, I examine the claims-making strategies that appeal to common beliefs about aging, frailty, disability, and the obligation of the United States to its veterans. However, collective action frames comprised moral constructions of human rights for only specific immigrant groups that lost specific benefits. I consider the broader implications of such findings for immigrant and welfare rights movements. This case illustrates the significance of, and the dilemmas confronting, counter-framing strategies within community mobilization efforts.

In current political debates, the term “cosmopolitanism” is often used in quite vague ways, as part of sweeping generalizations that might not hold up to closer scrutiny. Imperfect Cosmopolis aims to clarify the meaning of the term by approaching it from a decidedly historical perspective—distinguishing, for example, between types of cosmopolitanism and the development of the concept through the centuries.