Critical Essays on Human Rights Criticism

Human Rights

Critical Essays on Human Rights Criticism

Edited by Andras Sajo · Renata Uitz
Eleven International Publishing May 2020

Specifications

ISBN-13
9789462361232
Publisher
Eleven International Publishing
Publication
May 2020
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Decades of talk of the human rights revolution has triggered impatience and disappointment with a once cherished idea(l). Lately the backlash has received momentum from populist and illiberal political movements.

Essays in this volume offer theoretical perspectives and practical insights on developments in Europe, the Americas and South Africa. Authors show how instruments, institutions and practices of human rights protection are used to undermine liberties. The picture includes strategic illiberal politcal actors as well as the (sometimes unwitting) contributions of human rights defenders, national and regional courts. This volume calls for a much needed conversation on the future of human rights among scholars and practitioners of human rights. It also invites students of populist and illiberal governments to join the debate.

Table of Contents

Human Rights Critics and Defenders: An Introduction
Renáta Uitz and Maria Bertel
Part I. Critique of Human Rights Criticism
1. The Fate of HumanRightsin Indifferent Societies – (i.e. in More and More Constitutional Democracies)
András Sajó
2. Neither Invariant nor Sacrosanct – Human Rights Critique and Deliberation Past and Present
Marie-Luisa Frick
3. One Step Too Far – Some Philosophical and Political Reflections on the Current Critique of Human Rights
Matthias Mahlmann
4. Liberal Rights Between Radical Democratic Critique and Liberal Failure
Nenad Dimitrijevic
Part II. Social Challenges to Human Rights
5. The War on Terror and the Decline of Human Rights
Mordechai Kremnitzer
6. From Human Rights to Humanity’s Law – The Current State of Play
Ruti G. Teitel
Part III. Populism and Human Rights
7. Populism andHumanRights – From Disenchantment to Democratic Riposte
Laurence Burgorgue-Larsen
8. LandReform in theTime ofPopulism –The Law and Politics of Land Reform in South Africa
Juha Tuovinen
9. The Ideological Turn in Bulgarian Constitutional Discourse – The Rise Against ‘Genders’
Ruzha Smilova
10. Human Rights Watchdogs Face Illiberal Rulers in Europe
Renáta Uitz
Part IV. New Attitudes of International and National Courts
11. The Demise of the Rights of Migrants and Refugees under the European Convention on Human Rights
Paulo Pinto de Albuquerque
12. Functional Disobedience, National Courts and the ECtHR
Giuseppe Martinico
13. Human Rights Law and Constitutional Democracies in Latin America – Interactions, Contestations and Engagement
Jorge Contesse
14. The 2018 Constitutional Referendum in Ecuador – The Failure of the Inter-American System to Protect Democracy
Oswaldo Ruiz-Chiriboga
15. Prosecutions and Politics in a Constitutional State – Prosecution of Heads of State in Post-apartheid South Africa
Kate O’Regan
16. Reframing Powerlessness Inside and Outside Courts – Claims of Harm in Equality Cases in Brazil and South Africa
Thiago de Souza Amparo
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