Social Justice and Rights   Child Right and Poverty in         Development           Spring 12
Social Justice and RightsSocial Justice : distribution of good,money and services•State & Market•Market is one important m...
Social Justice and RightsEvolution• Natural Law : god or universal harmony• Natural Rights => violation & demand• Human Ri...
Social Justice and RightsIsaiah BerlinWhy should I (or anyone) obey anyone     else?If I disobey, may I be coerced?By whom...
Social Justice and RightsFreedom of what? Two senses:2.   Sense of being free- freedom/ liberty3.   Sense of acquire the c...
Social Justice and RightsFunctional capabilities = basic building blocks    that make human life possible and    worthwhil...
Social Justice and RightsFreedom of what? Two senses:2.   Sense of being free- freedom/ liberty3.   Sense of acquire the c...
Social Justice and Rights2. Capacity of being free = create    capabilities/ proactive actionPositive RightsEconomic, Soci...
Social Justice and RightsFreedom --- Freedom from WHAT?• Freedom from fear:Political freedom, conflict prevention, hazard ...
Social Justice and RightsTheories of Distributive Justices:LIBERALS•   Utilitarian•   Theory of justice/ RawlsLIBERTARIANS...
Social Justice and RightsLIBERALSUtilitarian: Adam Smith, Jeremy Bentham, J. Stuart Mill,      ParetoTwo principles1. Rati...
Social Justice and RightsLIBERALSTheory of justice: John Locke, Rousseau, Kant, John   RawlsTwo liberal principles + Maxim...
Social Justice and RightsLIBERALS Theory of justice: Rawls’ basic liberties2.   Political liberty3.   Liberty of conscienc...
Social Justice and RightsLIBERTARIAN: Hayek, Robert NovikPrinciples3. Rational choice of individuals (same )4. Distributiv...
Social Justice and RightsSOCIALIST: MARXTheory of exploitationWorkers are the only souse of value creation =>     unequal ...
Social Justice and Rights Universal Declaration of Human Rights, 1948                        PREAMBLEWhereas recognition o...
UNIVERSAL DECLARATION OF HUMAN               RIGHTS• Article 1• All human beings are born  free and equal in dignity and  ...
UNIVERSAL DECLARATION OF HUMAN                     RIGHTSIs there an universal core criterion of social  justice?• YES HR ...
UNIVERSAL DECLARATION OF HUMAN                RIGHTS•All human beings are born free and equal in dignity and rights.• BUT ...
UNIVERSAL DECLARATION OF HUMAN              RIGHTS– HR = people mobilization and  struggle• Not permanent• Not fixed• Clai...
UNIVERSAL DECLARATION OF HUMAN              RIGHTS• Human Rights protect human  interests that are often in conflict.• Exa...
UNIVERSAL DECLARATION OF HUMAN              RIGHTS• How should Human Rights be  conceived?• HR are not immutable truths, f...
UNIVERSAL DECLARATION OF HUMAN              RIGHTS• The aim of HR is not to  project a single regimen. Is to  assure ‘Modu...
Evolution of HUMAN RIGHTS and Market• XVIII Civil Rights: individual freedomSynergy• XIX Political Rights: political  part...
The HRBA to development strengthens the   State’s capacity to meet democracy’s               expectations• Directs attenti...
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  • Expansion of civil and political rights is not enough. Rights are interdependent and indivisible, which means there is need to adopt appropriate social and economic policies that lead to the fulfillment of rights of all without discrimination. Art 1 of the UDHR unequivocally stresses the importance of equality. However, exclusion, poverty, discrimination, and inequality are at the root of the pervasive cultural, economic and social rights violations throughout the region. Children’s and women’s rights, which are part of human rights, will not be fulfilled with “business as usual”. UNICEF must advocate for innovative and inclusive public policies that address the root causes of poverty. As this is a fundamental role of the state, the way the state’s institutions functions (the “kind” of democracy) needs to be strengthened, e.g. promoting participation by all, especially marginalized groups. So what has happened to the interface between democracy (civil and political rights) and development (cultural, social, and economic rights)?
  • Expansion of civil and political rights is not enough. Rights are interdependent and indivisible, which means there is need to adopt appropriate social and economic policies that lead to the fulfillment of rights of all without discrimination. Art 1 of the UDHR unequivocally stresses the importance of equality. However, exclusion, poverty, discrimination, and inequality are at the root of the pervasive cultural, economic and social rights violations throughout the region. Children’s and women’s rights, which are part of human rights, will not be fulfilled with “business as usual”. UNICEF must advocate for innovative and inclusive public policies that address the root causes of poverty. As this is a fundamental role of the state, the way the state’s institutions functions (the “kind” of democracy) needs to be strengthened, e.g. promoting participation by all, especially marginalized groups. So what has happened to the interface between democracy (civil and political rights) and development (cultural, social, and economic rights)?
  • Expansion of civil and political rights is not enough. Rights are interdependent and indivisible, which means there is need to adopt appropriate social and economic policies that lead to the fulfillment of rights of all without discrimination. Art 1 of the UDHR unequivocally stresses the importance of equality. However, exclusion, poverty, discrimination, and inequality are at the root of the pervasive cultural, economic and social rights violations throughout the region. Children’s and women’s rights, which are part of human rights, will not be fulfilled with “business as usual”. UNICEF must advocate for innovative and inclusive public policies that address the root causes of poverty. As this is a fundamental role of the state, the way the state’s institutions functions (the “kind” of democracy) needs to be strengthened, e.g. promoting participation by all, especially marginalized groups. So what has happened to the interface between democracy (civil and political rights) and development (cultural, social, and economic rights)?
  • Expansion of civil and political rights is not enough. Rights are interdependent and indivisible, which means there is need to adopt appropriate social and economic policies that lead to the fulfillment of rights of all without discrimination. Art 1 of the UDHR unequivocally stresses the importance of equality. However, exclusion, poverty, discrimination, and inequality are at the root of the pervasive cultural, economic and social rights violations throughout the region. Children’s and women’s rights, which are part of human rights, will not be fulfilled with “business as usual”. UNICEF must advocate for innovative and inclusive public policies that address the root causes of poverty. As this is a fundamental role of the state, the way the state’s institutions functions (the “kind” of democracy) needs to be strengthened, e.g. promoting participation by all, especially marginalized groups. So what has happened to the interface between democracy (civil and political rights) and development (cultural, social, and economic rights)?
  • Expansion of civil and political rights is not enough. Rights are interdependent and indivisible, which means there is need to adopt appropriate social and economic policies that lead to the fulfillment of rights of all without discrimination. Art 1 of the UDHR unequivocally stresses the importance of equality. However, exclusion, poverty, discrimination, and inequality are at the root of the pervasive cultural, economic and social rights violations throughout the region. Children’s and women’s rights, which are part of human rights, will not be fulfilled with “business as usual”. UNICEF must advocate for innovative and inclusive public policies that address the root causes of poverty. As this is a fundamental role of the state, the way the state’s institutions functions (the “kind” of democracy) needs to be strengthened, e.g. promoting participation by all, especially marginalized groups. So what has happened to the interface between democracy (civil and political rights) and development (cultural, social, and economic rights)?
  • Expansion of civil and political rights is not enough. Rights are interdependent and indivisible, which means there is need to adopt appropriate social and economic policies that lead to the fulfillment of rights of all without discrimination. Art 1 of the UDHR unequivocally stresses the importance of equality. However, exclusion, poverty, discrimination, and inequality are at the root of the pervasive cultural, economic and social rights violations throughout the region. Children’s and women’s rights, which are part of human rights, will not be fulfilled with “business as usual”. UNICEF must advocate for innovative and inclusive public policies that address the root causes of poverty. As this is a fundamental role of the state, the way the state’s institutions functions (the “kind” of democracy) needs to be strengthened, e.g. promoting participation by all, especially marginalized groups. So what has happened to the interface between democracy (civil and political rights) and development (cultural, social, and economic rights)?
  • Expansion of civil and political rights is not enough. Rights are interdependent and indivisible, which means there is need to adopt appropriate social and economic policies that lead to the fulfillment of rights of all without discrimination. Art 1 of the UDHR unequivocally stresses the importance of equality. However, exclusion, poverty, discrimination, and inequality are at the root of the pervasive cultural, economic and social rights violations throughout the region. Children’s and women’s rights, which are part of human rights, will not be fulfilled with “business as usual”. UNICEF must advocate for innovative and inclusive public policies that address the root causes of poverty. As this is a fundamental role of the state, the way the state’s institutions functions (the “kind” of democracy) needs to be strengthened, e.g. promoting participation by all, especially marginalized groups. So what has happened to the interface between democracy (civil and political rights) and development (cultural, social, and economic rights)?
  • Expansion of civil and political rights is not enough. Rights are interdependent and indivisible, which means there is need to adopt appropriate social and economic policies that lead to the fulfillment of rights of all without discrimination. Art 1 of the UDHR unequivocally stresses the importance of equality. However, exclusion, poverty, discrimination, and inequality are at the root of the pervasive cultural, economic and social rights violations throughout the region. Children’s and women’s rights, which are part of human rights, will not be fulfilled with “business as usual”. UNICEF must advocate for innovative and inclusive public policies that address the root causes of poverty. As this is a fundamental role of the state, the way the state’s institutions functions (the “kind” of democracy) needs to be strengthened, e.g. promoting participation by all, especially marginalized groups. So what has happened to the interface between democracy (civil and political rights) and development (cultural, social, and economic rights)?
  • In this context, UNICEF has been engaged in public policy in the region. UNICEF can and should continue and strengthen the work in social and economic policy analysis and advocacy It can do so applying the HRBA to development.
  • Social justice and rights sping12

    1. 1. Social Justice and Rights Child Right and Poverty in Development Spring 12
    2. 2. Social Justice and RightsSocial Justice : distribution of good,money and services•State & Market•Market is one important mechanism fordistribution of social goods but only one.•Fairness is not the guiding principleObjective to ensure life & freedom
    3. 3. Social Justice and RightsEvolution• Natural Law : god or universal harmony• Natural Rights => violation & demand• Human Rights: human being +moral concern + more relevantRight holders ---- WHO?Duty bearers ----- WHO?
    4. 4. Social Justice and RightsIsaiah BerlinWhy should I (or anyone) obey anyone else?If I disobey, may I be coerced?By whom and to what degree?To coerce a person is to deprive him or her of freedom
    5. 5. Social Justice and RightsFreedom of what? Two senses:2. Sense of being free- freedom/ liberty3. Sense of acquire the capacity of being freeFreedom to choose give the opportunity to decide what to do + also responsibility on what to do = accountability and demand of dutyCapability is the power and ability to do something for our own happiness
    6. 6. Social Justice and RightsFunctional capabilities = basic building blocks that make human life possible and worthwhile (Martha Nussbaum)1. Who define what interests and goods are basic or fundamental?In the case of children needs and rights are interpreted from adult point of view not as different others. What children are not yet2. What about social realization and social power? Freedom from systematic oppression.Children as oppressed minority
    7. 7. Social Justice and RightsFreedom of what? Two senses:2. Sense of being free- freedom/ liberty3. Sense of acquire the capacity of being free1. Freedom = avoid interference (from state)/ no action but protection againstNegative RightsCivil and Political Rights
    8. 8. Social Justice and Rights2. Capacity of being free = create capabilities/ proactive actionPositive RightsEconomic, Social and Cultural RightsEqual opportunities = EquityPositive conception of freedom --- Virtue as public action/altruism/solidarityDevelopment as Freedom A. Sen
    9. 9. Social Justice and RightsFreedom --- Freedom from WHAT?• Freedom from fear:Political freedom, conflict prevention, hazard management, climate change adaptation• Freedom from want:Access to water, health, education, roads• Freedom to live in dignityEmpowerment, participation, legal reform.
    10. 10. Social Justice and RightsTheories of Distributive Justices:LIBERALS• Utilitarian• Theory of justice/ RawlsLIBERTARIANSOCIALISTS
    11. 11. Social Justice and RightsLIBERALSUtilitarian: Adam Smith, Jeremy Bentham, J. Stuart Mill, ParetoTwo principles1. Rational choice of individualsInformation + free choice2. Maximization of an economic wide WELFARE functionIndividual maximize their utility ==> Society maximize total utilityCritics: total utility not care of distribution
    12. 12. Social Justice and RightsLIBERALSTheory of justice: John Locke, Rousseau, Kant, John RawlsTwo liberal principles + Maximin principle“Maximize the welfare of the LAST well-off (min) subject to the preservation of LIBERTYPriority to liberty over other valuesGreatest Equal Liberty Principle: Each person have the greatest liberty that is compatible with other people having the same libertyCritics: which liberties?, claims about greates liberty can not be value-free
    13. 13. Social Justice and RightsLIBERALS Theory of justice: Rawls’ basic liberties2. Political liberty3. Liberty of conscience4. Freedom and right to hold personal property5. Freedom determined by rule of lawCritics: according to Gray Rawls move from indeterminacy to arbitrariness => there are rival freedoms and tensions and conflicts among basic liberties and rightse.I. Free speech vs violence or racismCONFLICT AMONG BASIC LIBERTIES ARE NOT ANOMALIES
    14. 14. Social Justice and RightsLIBERTARIAN: Hayek, Robert NovikPrinciples3. Rational choice of individuals (same )4. Distributive outcomes result from self-ordering - the market order - and not the result of desing of central authoritySocial outcomes can be good or bad but NOT just or unjustIndividual behavior can NOT be extrapolate to societyCritics: injustice in initial distribution (birth lottery)
    15. 15. Social Justice and RightsSOCIALIST: MARXTheory of exploitationWorkers are the only souse of value creation => unequal exchange between workers and capital / social class struggleCritics: denied role entrepreneur and other factors of production‘Reconstructed’ Marxist: Ronald DourkingConsider other ‘internal resources’: talent, skills, ambition
    16. 16. Social Justice and Rights Universal Declaration of Human Rights, 1948 PREAMBLEWhereas recognition of the inherent dignity and of the equaland inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world Article 1. All human beings are born f ree and equal in dignity and rights.
    17. 17. UNIVERSAL DECLARATION OF HUMAN RIGHTS• Article 1• All human beings are born free and equal in dignity and rights.
    18. 18. UNIVERSAL DECLARATION OF HUMAN RIGHTSIs there an universal core criterion of social justice?• YES HR but• Why violation of HR are so permanent and massive?• How can severe poverty of half of humankind continue?• Why the citizen of the affluent western states not find it morally troubling? => Double standards Thomas Pogge
    19. 19. UNIVERSAL DECLARATION OF HUMAN RIGHTS•All human beings are born free and equal in dignity and rights.• BUT millions of children and women do not enjoy their rights because of • Poverty and inequality • Conflict and violence • Social and political exclusion and
    20. 20. UNIVERSAL DECLARATION OF HUMAN RIGHTS– HR = people mobilization and struggle• Not permanent• Not fixed• Claims about rights are the end- products of long and complicate chains of acts and reasoning
    21. 21. UNIVERSAL DECLARATION OF HUMAN RIGHTS• Human Rights protect human interests that are often in conflict.• Examples of conflict among HR:Education: teachers’ strike vs. children right to educationReproductive rights (abortion) vs. right to survive.Breastfeeding vs. mothers freedom
    22. 22. UNIVERSAL DECLARATION OF HUMAN RIGHTS• How should Human Rights be conceived?• HR are not immutable truths, free- standing morals absolutes whose contents are self-evident• As human interest change or new issues appear so do rights
    23. 23. UNIVERSAL DECLARATION OF HUMAN RIGHTS• The aim of HR is not to project a single regimen. Is to assure ‘Modus Vivendis’ among regimens that will always be different John Gray Two Faces of Lib
    24. 24. Evolution of HUMAN RIGHTS and Market• XVIII Civil Rights: individual freedomSynergy• XIX Political Rights: political participation and associationSome tensions and conflicts• XX Social Rights: socioeconomics needs according with human standards Basic tension/opposition• XXI Collective Rights: environmental rights Basic tension/opposition
    25. 25. The HRBA to development strengthens the State’s capacity to meet democracy’s expectations• Directs attention and resources to the poorest, marginalized, and discriminated against• Fosters democratic participation, citizenship, and empowerment of the disenfranchised, women and youth• Fosters integrated solutions to problems of social development and disparities• Builds capacity of the state to assume its obligations and of people to claim their rights• Demands accountability

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