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This book addresses the key debates surrounding human rights in Australia: Should Australia adopt a bill of rights in an 'age of terror'? How well protected are workers' rights? The Politics of Human Rights in Australia shows that Australians enjoy only a loose and incomplete safety net of rights protection.
This groundbreaking study understands the 'long history' of human rights in Australia from the moment of their supposed invention in the 1940s to official incorporation into the Australian government bureaucracy in the 1980s. To do so, a wide cast of individuals, institutions and publics from across the political spectrum are surveyed, who translated global ideas into local settings and made meaning of a foreign discourse to suit local concerns and predilections. These individuals created new organisations to spread the message of human rights or found older institutions amenable to their newfound concerns, adopting rights language with a mixture of enthusiasm and opportunism. Governments, on the other hand, engaged with or ignored human rights as its shifting meanings, international currency and domestic reception ebbed and flowed. Finally, individuals understood and (re)translated human rights ideas throughout this period: writing letters, books or poems and sympathising in new, global ways.
The first comprehensive account of Australian human rights from a political science perspective, it addresses the key debates in Australian political debates about human rights.
Introduction : indigenous rights as human rights in central Australia -- The act of translation : emancipatory potential and apocryphal revelations -- Engendering social and cultural rights -- "Stop whinging and get on with it" : the shifting contours of gender equality (and equity) -- "Women go to the clinic and men go to jail" : the gendered indigenised subject of legal rights -- Therapy culture and the intentional subject -- Civil and political rights : is there space for an Aboriginal politics? -- International human rights forums and (east coast) indigenous activism
This collection explores and illustrates issues arising from ‘political’ approaches to human rights in contrast to the more traditional ‘moral’ approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of ‘political approaches’, including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book. At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.
A scholarly examination of the most important human rights issues facing Australia today. For scholars and practitioners, and who wish to increase their understanding, it provides timely and provocative perspectives on the law and policy regarding the application of human rights standards in Australia. Authors from Monash University.
Sixty years ago, the political theorist Hannah Arendt, an exiled Jew deprived of her German citizenship, observed that before people can enjoy any of the "inalienable" Rights of Man-before there can be any specific rights to education, work, voting, and so on-there must first be such a thing as "the right to have rights". The concept received little attention at the time, but in our age of mass deportations, Muslim bans, refugee crises, and extra-state war, the phrase has become the centre of a crucial and lively debate. Here five leading thinkers from varied disciplines-including history, law, politics, and literary studies-discuss the critical basis of rights and the meaning of radical democratic politics today.
This book focuses on Michel Foucault's late work on rights in order to address broader questions about the politics of rights in the contemporary era. As several commentators have observed, something quite remarkable happens in this late work. In his early career, Foucault had been a great critic of the liberal discourse of rights. Suddenly, from about 1976 onward, he makes increasing appeals to rights in his philosophical writings, political statements, interviews, and journalism. He not only defends their importance; he argues for rights new and as-yet-unrecognized. Does Foucault simply revise his former positions and endorse a liberal politics of rights? Ben Golder proposes an answer to this puzzle, which is that Foucault approaches rights in a spirit of creative and critical appropriation. He uses rights strategically for a range of political purposes that cannot be reduced to a simple endorsement of political liberalism. Golder develops this interpretation of Foucault's work while analyzing its shortcomings and relating it to the approaches taken by a series of current thinkers also engaged in considering the place of rights in contemporary politics, including Wendy Brown, Judith Butler, and Jacques Rancière.
This book examines discourses of rights and practices of resistance in post-conflict societies, exploring the interaction between the international human rights framework and different actors seeking political and social change. Presenting detailed new case studies from Sierra Leone, Sri Lanka and Kosovo, it reveals the necessity of social scientific interventions in the field of human rights. The author shows how a shift away from the realm of normative political or legal theory towards a more sociological analysis promises a better understanding of both the limits of current human rights approaches and possible sites of potential. Considering the diverse ways in which human rights are enacted and mobilised, The Socio-Political Practice of Human Rights engages with major sites of tension and debate, examining the question of whether human rights are universal or culturally relative; their relationship to forms of economic and political domination; the role of law as a mechanism for social change and the ways in which the language of human rights facilitates or closes sites of radical resistance. By situating these debates in specific contexts, this book concludes by proposing new ways of theorizing human rights. Empirically grounded and offering an alternate framework for understanding the fluid and ambiguous operation of power within the theory and practice of human rights, this volume will appeal to scholars of sociology, law and politics with interests in gender, resistance, international law, human rights and socio-legal discourse.