Introduction = 1
Why Study Human Rights? = 1
State Sovereignty and Human Rights = 3
Human Rights at The Dawn of The Twenty-first Century: The Gap between Rhetoric and Reality = 4
Organization of The Book = 8
Part I: Human Rights in Theory and Law
1 The Contested Meaning of Human Rights = 10
The Political Nature of Human Rights = 10
Defining The Concept of Human Rights = 11
The Philosophical Origins and Sources of Human Rights = 15
Defining and Categorizing Human Rights in Practice = 19
Conclusions = 23
Discussion Questions = 24
Web Resources = 24
2 The Development of International Human Rights Law = 25
Does International Human Rights Law Matter? = 25
The Historical Foundations of International Human Rights Law = 26
The United Nations Core of International Human Rights Law = 28
The Distinction between Human Rights Law and Humanitarian Law = 34
Feminist Critiques of International Human Rights Law = 38
Sexual Orientation Discrimination and International Human Rights Law = 40
Conclusions = 41
Discussion Questions = 42
Web Resources = 43
3 Are Human Rights Universal? = 44
Defining Universalism and Relativism = 44
Are Human Rights a Western Construct? = 46
Feminist Perspectives on Universalism and Relativism = 50
Case Study: Female Genital Mutilation Or Female Circumcision? = 52
Case Study: Male Genital Mutilation Or Male Circumcision? = 55
Conclusions = 59
Discussion Questions = 60
Part Ii: Human Rights in Practice
4 Civil and Political Rights in a World of Sovereign States = 62
Civil and Political Rights and State Sovereignty in Tension = 62
Case Study: National Security and Terrorism = 65
Case Study: Freedom of Movement, Civil Rights, and Sovereignty = 71
Conclusions = 75
Discussion Questions = 76
Web Resources = 77
5 Collective Rights in a World of Sovereign States = 78
Human Rights As Collective Rights = 78
Collective Rights and Individual Rights = 80
Case Study: Self-determination = 81
Case Study: Genocide = 93
Conclusions = 98
Discussion Questions = 99
Web Resources = 100
6 Economic and Social Rights in World of Sovereign States = 102
Economic and Social Rights As Human Rights = 102
Economic and Social Rights and State Sovereignty in Tension = 103
The Relationship between Economic and Social Rights and Civil and Political Rights = 106
Case Study: Human Development and Poverty = 108
Case Study: Health and Human Rights = 111
Conclusions = 116
Discussion Questions = 117
Web Resources = 118
7 Sexual Equality and Human Rights = 119
Sexual Equality As a Human Right = 119
Women and Sexual Minorities: Special Rights Or Human Rights? = 121
Case Study: Violence Against Women = 124
Case Study: Sex-specific Abuses of Human Rights During War = 127
Case Study: Sexual Orientation Discrimination = 129
Conclusions = 132
Discussion Questions = 133
Web Resources = 134
Part Iii: Human Rights and The Quest for Justice
8 Promoting Human Rights from The Top Down = 135
Implementing Human Rights Through International Organizations and States = 135
The United Nations Human Rights System = 136
Regional Human Rights Systems = 142
States, Foreign Policy, and Human Rights = 146
Case Study: U.s. Foreign Policy and American Exceptionalism = 147
Humanitarian Intervention = 150
Case Study: Humanitarian Intervention in Kosovo = 153
Conclusions = 155
Discussion Questions = 157
Web Resources = 158
9 Punitive Justice and Human Rights = 159
Punitive Justice As a Response to Human Rights Abuses = 159
Trials and Punitive Justice = 160
Trials in Historical Perspective: The Development of Ad Hoc Tribunals = 162
Ad Hoc Tribunals After World War Ii: Nuremberg and Tokyo = 164
The International Tribunal for The Former Yugoslavia = 167
The International Criminal Tribunal for Rwanda = 170
The International Criminal Court = 173
Prosecuting International Crimes in Domestic Courts = 176
Conclusions = 181
Discussion Questions = 185
Web Resources = 185
10 Restorative Justice and Human Rights = 186
Restorative Justice As a Response to Human Rights Abuses = 186
Truth Commissions = 188
Reparations = 193
Apologies = 198
Conclusions = 201
Discussion Questions = 202
Web Resources = 203
11 Promoting Human Rights from The Bottom up = 204
Mobilizing Support for Human Rights in a World of Sovereign States = 204
Non-state Actors and The Global Struggle for Human Rights = 206
Case Study: Transnational Corporations and Human Rights = 210
Case Study: Health and Human Rights Advocacy = 213
Conclusions = 216
Discussion Questions = 217
Web Resources = 218
Conclusions = 219
Notes = 223
Index = 237
Why Study Human Rights? = 1
State Sovereignty and Human Rights = 3
Human Rights at The Dawn of The Twenty-first Century: The Gap between Rhetoric and Reality = 4
Organization of The Book = 8
Part I: Human Rights in Theory and Law
1 The Contested Meaning of Human Rights = 10
The Political Nature of Human Rights = 10
Defining The Concept of Human Rights = 11
The Philosophical Origins and Sources of Human Rights = 15
Defining and Categorizing Human Rights in Practice = 19
Conclusions = 23
Discussion Questions = 24
Web Resources = 24
2 The Development of International Human Rights Law = 25
Does International Human Rights Law Matter? = 25
The Historical Foundations of International Human Rights Law = 26
The United Nations Core of International Human Rights Law = 28
The Distinction between Human Rights Law and Humanitarian Law = 34
Feminist Critiques of International Human Rights Law = 38
Sexual Orientation Discrimination and International Human Rights Law = 40
Conclusions = 41
Discussion Questions = 42
Web Resources = 43
3 Are Human Rights Universal? = 44
Defining Universalism and Relativism = 44
Are Human Rights a Western Construct? = 46
Feminist Perspectives on Universalism and Relativism = 50
Case Study: Female Genital Mutilation Or Female Circumcision? = 52
Case Study: Male Genital Mutilation Or Male Circumcision? = 55
Conclusions = 59
Discussion Questions = 60
Part Ii: Human Rights in Practice
4 Civil and Political Rights in a World of Sovereign States = 62
Civil and Political Rights and State Sovereignty in Tension = 62
Case Study: National Security and Terrorism = 65
Case Study: Freedom of Movement, Civil Rights, and Sovereignty = 71
Conclusions = 75
Discussion Questions = 76
Web Resources = 77
5 Collective Rights in a World of Sovereign States = 78
Human Rights As Collective Rights = 78
Collective Rights and Individual Rights = 80
Case Study: Self-determination = 81
Case Study: Genocide = 93
Conclusions = 98
Discussion Questions = 99
Web Resources = 100
6 Economic and Social Rights in World of Sovereign States = 102
Economic and Social Rights As Human Rights = 102
Economic and Social Rights and State Sovereignty in Tension = 103
The Relationship between Economic and Social Rights and Civil and Political Rights = 106
Case Study: Human Development and Poverty = 108
Case Study: Health and Human Rights = 111
Conclusions = 116
Discussion Questions = 117
Web Resources = 118
7 Sexual Equality and Human Rights = 119
Sexual Equality As a Human Right = 119
Women and Sexual Minorities: Special Rights Or Human Rights? = 121
Case Study: Violence Against Women = 124
Case Study: Sex-specific Abuses of Human Rights During War = 127
Case Study: Sexual Orientation Discrimination = 129
Conclusions = 132
Discussion Questions = 133
Web Resources = 134
Part Iii: Human Rights and The Quest for Justice
8 Promoting Human Rights from The Top Down = 135
Implementing Human Rights Through International Organizations and States = 135
The United Nations Human Rights System = 136
Regional Human Rights Systems = 142
States, Foreign Policy, and Human Rights = 146
Case Study: U.s. Foreign Policy and American Exceptionalism = 147
Humanitarian Intervention = 150
Case Study: Humanitarian Intervention in Kosovo = 153
Conclusions = 155
Discussion Questions = 157
Web Resources = 158
9 Punitive Justice and Human Rights = 159
Punitive Justice As a Response to Human Rights Abuses = 159
Trials and Punitive Justice = 160
Trials in Historical Perspective: The Development of Ad Hoc Tribunals = 162
Ad Hoc Tribunals After World War Ii: Nuremberg and Tokyo = 164
The International Tribunal for The Former Yugoslavia = 167
The International Criminal Tribunal for Rwanda = 170
The International Criminal Court = 173
Prosecuting International Crimes in Domestic Courts = 176
Conclusions = 181
Discussion Questions = 185
Web Resources = 185
10 Restorative Justice and Human Rights = 186
Restorative Justice As a Response to Human Rights Abuses = 186
Truth Commissions = 188
Reparations = 193
Apologies = 198
Conclusions = 201
Discussion Questions = 202
Web Resources = 203
11 Promoting Human Rights from The Bottom up = 204
Mobilizing Support for Human Rights in a World of Sovereign States = 204
Non-state Actors and The Global Struggle for Human Rights = 206
Case Study: Transnational Corporations and Human Rights = 210
Case Study: Health and Human Rights Advocacy = 213
Conclusions = 216
Discussion Questions = 217
Web Resources = 218
Conclusions = 219
Notes = 223
Index = 237