Click here for search results
Human rights as demands for communicative action
 
Author:Gauri, Varun; Brinks, Daniel M.; Collection Title:Policy Research working paper ; no. WPS 5951
Country:World; Date Stored:2012/01/18
Document Date:2012/01/01Document Type:Policy Research Working Paper
SubTopics:International Terrorism & Counterterrorism; Parliamentary Government; Human Rights; Gender and Law; Health LawLanguage:English
Major Sector:Education; Public Administration, Law, and Justice; Health and other social servicesRel. Proj ID:1W-Human Rights And Services For Poor People -- -- P092076;
Region:The World RegionReport Number:WPS5951
Sub Sectors:Health; Primary education; Law and justiceTF No/Name:TF054260-TFESSD; TF097601-Institutions and Human Rights
Volume No:1 of 1  

Summary: A key issue with human rights is how to allocate duties correlative to rights claims. But the philosophical literature, drawing largely on naturalistic or interactional accounts of human rights, develops answers to this question that do not illuminate actual human rights problems. Charles Beitz, in recent work, attempts to develop a conception of human rights more firmly rooted in, and helpful for, current practice. While a move in the right direction, his account does not incorporate the domestic practice of human rights, and as a result remains insufficiently instructive for many human rights challenges. This paper addresses the problem of allocating correlative duties by taking the practices of domestic courts in several countries as a normative benchmark. Upon reviewing how courts in Colombia, India, South Africa, Indonesia, and elsewhere have allocated duties associated with socio-economic rights, the paper finds that courts urge parties to move from an adversarial to an investigative mode, impose requirements that parties argue in good faith, and structure a public forum of communication. The conclusion argues that judicial practice involves requiring respondents to engage in communicative, instead of strategic, action, and explores the implications of this understanding of human rights.

Official Documents
Official, scanned versions of documents (may include signatures, etc.)
File TypeDescriptionFile Size (mb)
PDF 36 pagesOfficial version*2.52 (approx.)
TextText version**
How To Order

See documents related to this project
* The official version is derived from scanning the final, paper copy of the document and is the official,
archived version including all signatures, charts, etc.
** The text version is the OCR text of the final scanned version and is not an accurate representation of the final text.
It is provided solely to benefit users with slow connectivity.



Permanent URL for this page: http://go.worldbank.org/RPW5EOFXG0