DOCSLIB.ORG

Can Human Rights Bring Social Justice? Twelve Essays

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Can Human Rights Bring Social Justice? Twelve Essays Changing perspectives on human rights Can human rights bring social justice? Twelve essays Edited by Doutje Lettinga & Lars van Troost illustratie? Changing perspectives on human rights 1 Can human rights bring social justice? Twelve essays Strategic Studies initiated by Amnesty International Netherlands Published in October 2015 by Amnesty International Netherlands ISBN: 978-90-6463-370-6 Cover image: Spanish protest against the Euro zone leaders, agreed Pact for the Euro, the cutbacks in the social policy and the economic crisis in Barcelona on 19 June 2011. © Peter Scholz/Shutterstock.com Changing perspectives on human rights 2 Can human rights bring social justice? Twelve essays Changing perspectives on human rights Can human rights bring social justice? Twelve essays Edited by Doutje Lettinga & Lars van Troost Changing perspectives on human rights 3 Can human rights bring social justice? Twelve essays Can human rights bring social justice? Twelve essays Also in this series: Doutje Lettinga and Lars van Troost (eds), Debating The Endtimes of Human Rights. Activism and Institutions in a Neo-Westphalian World, July 2014. www.amnesty.nl/endtimes Thijs van Lindert and Doutje Lettinga (eds), The future of human rights in an urban world. Exploring opportunities, threats and challenges, September 2014. www.amnesty.nl/urbanworld Other publications by Strategic Studies: Thijs van Lindert and Lars van Troost (eds), Shifting power and human rights diplomacy: Brazil, November 2014. www.amnesty.nl/RisingPowerBrazil Doutje Lettinga and Lars van Troost (eds), Shifting power and human rights diplomacy: India, March 2015. www.amnesty.nl/RisingPowerIndia Doutje Lettinga and Lars van Troost (eds), Shifting Power and Human Rights Diplomacy: South Africa (forthcoming) Strategic Studies is an initiative of Amnesty International Netherlands. Since 2013 Strategic Studies has been mapping out national and international social, political and legal developments which can affect the future of human rights and the work of Amnesty International in particular. Contact: [email protected]. Changing perspectives on human rights 4 Can human rights bring social justice? Twelve essays Table of Contents List of authors and editors 7 Justice over rights? 71 Doutje Lettinga and Lars van Troost Introduction 9 Advancing social justice through human rights: Human rights and the age of inequality 13 the experience of Amnesty International 79 Samuel Moyn Ashfaq Khalfan and Iain Byrne How human rights can address socioeconomic inequality 19 Human rights and social justice – a false dichotomy? 89 Dan Chong David Petrasek Seeking socioeconomic justice 27 References 95 Widney Brown Dear fellow jurists, human rights are about politics, and that’s perfectly fine 35 Koldo Casla Back to the future: human rights protection beyond the rights approach 41 Eduardo Salvador Arenas Catalán Human rights and social justice: separate causes 47 Aryeh Neier Against a human rights-based approach to social justice 53 Jacob Mchangama Will human rights help us get social justice? 59 Sara Burke How are social justice and human rights related? Four traps to avoid 65 Rolf Künnemann Changing perspectives on human rights 5 Can human rights bring social justice? Twelve essays Can human rights bring social justice? Twelve essays Changing perspectives on human rights 6 Can human rights bring social justice? Twelve essays List of Authors and Editors Eduardo Salvador Arenas Catalán (LLM) is a PhD candidate lead responsibility for litigation work on economic and at the Montaigne Center for Judicial Administration at social rights. Since 2000 he has been a Fellow of the the Law Department of the University of Utrecht. He also Human Rights Centre at the University of Essex. He has co-chairs both the PhD Council and the Working Group on been involved in litigation in domestic fora across the Economic, Social and Cultural Rights of the Netherlands Commonwealth and beyond, and before the European School of Human Rights Research. Committee of Social Rights, the European Court of Human Rights and the UN Human Rights Committee. Widney Brown is the Director of Programs for Physicians for Human Rights (PHR), an NGO that brings the disciplines Koldo Casla is a Doctoral candidate at King’s College of medicine, forensics, public health, and science to the London, studying why Western European states promote documentation of human rights abuses. Prior to joining PHR international human rights law from the combined in 2014, Brown was Senior Director of Law and Policy at the perspectives of Critical Legal Studies and the English International Secretariat of Amnesty International for eight School of International Relations. He is also a freelance years. Brown also served a variety of roles at Human Rights human rights consultant, blogger at RIGHTS in context, Watch including as Deputy Program Director, where she was and active member of Amnesty International since 2001. responsible for overseeing the work of both regional and thematic programs. Dan Chong is Associate Professor of Political Science at Rollins College (USA). His first book, Freedom from Poverty Sara Burke researches and writes on US domestic and (University of Pennsylvania Press, 2010), examines the international politics and economics. Recent areas of interest methods that NGOs use to advocate for economic and include human rights, inequality, social justice movements social rights. His recent book, Debating Human Rights and the reform of monetary, financial and fiscal policies. (Lynne Rienner, 2014), explores major controversies in Burke is a Senior expert in charge of global economic and international human rights. social policy issues at the Friedrich-Ebert-Stiftung (FES) New York office, the Foundation’s liaison to the United Nations, Ashfaq Khalfan is the Director of Law and Policy at Amnesty International Monetary Fund, and World Bank. International’s International Secretariat (IS). He was a member of the ESCR Team at the IS from November 2009 Iain Byrne is acting Head of the ESCR team within to July 2015, first as a Policy Coordinator focusing on the Global Thematics Programme at the International legal enforcement and then as a Researcher/Adviser on Secretariat (IS) of Amnesty International. Previously he obligations beyond borders. He has previously directed held various positions at the International Centre for the the Right to Water Programme at the Centre on Housing Legal Protection of Human Rights (INTERIGHTS), including Rights and Evictions and worked for the Canadian Federal acting Legal Practice Director and Senior Lawyer with Department of Justice and the Canadian Human Rights Changing perspectives on human rights 7 Can human rights bring social justice? Twelve essays Can human rights bring social justice? Twelve essays List of Authors and Editors Commission. He holds a doctoral degree in law from Oxford Aryeh Neier is President Emeritus of the Open Society University, and law degrees in common and civil law and a Foundations and Distinguished Visiting Professor at degree in political science and international development the Paris School of International Affairs of Sciences Po. from McGill University. Previously he was Executive Director of Human Rights Watch and Executive Director of the American Civil Rolf Künnemann is Human Rights Director at FIAN Liberties Union. A contributor to many publications, his International’s secretariat. Since 2007 he has been most recent book is The International Human Rights coordinating the Consortium on Extraterritorial Obligations Movement: A History (Princeton University Press, 2012). (ETO-Consortium). In this context he was co-editor (with Fons Coomans) of Cases and Concepts on Extraterritorial David Petrasek is Associate Professor at the Graduate Obligations in the Area of Economic, Social and Cultual School of Public and International Affairs, University Rights (Intersentia, 2012). He authored Food and Freedom, of Ottawa and was formerly Special Adviser to the a Textbook on Human Rights Education (Progress Trust, Secretary General of Amnesty International. He has worked Madurai, 1999). Rolf Künnemann was Secretary General of extensively on human rights, humanitarian and conflict FIAN International between 1986 and 2004. resolution issues, including for Amnesty International (1990-96), the Office of the UN High Commissioner for Doutje Lettinga is an analyst at Strategic Studies, an Human Rights (1997-98), the International Council on initiative of Amnesty International Netherlands. She holds Human Rights Policy (1998-2002), and as Director of Policy a doctorate in Sociology at the VU University Amsterdam at the HD Centre (2003-07). He has taught international and has master’s degrees in History and Political Science. human rights and/or humanitarian law courses at the Prior to joining Amnesty, Lettinga worked as a researcher Osgoode Hall Law School, the Raoul Wallenberg Institute at and consultant, including for Human Rights Watch, the EU Lund University, Sweden, and at Oxford University. He has Fundamental Rights Agency, and the European Commission. also worked as a consultant or adviser to several NGOs and UN agencies. Jacob Mchangama is the founder and executive director of Justitia, a think tank in Copenhagen focusing on human Lars van Troost is Senior Policy and Strategy Adviser at rights and the rule of law. He is also co-founder and Amnesty International Netherlands (AINL), where he leads director of the Freedom Rights Project, an international Strategic Studies.
Load more

Recommended publications
  • Social Justice in an Open World – the Role Of
    E c o n o m i c & Social Affairs The International Forum for Social Development Social Justice in an Open World The Role of the United Nations Sales No. E.06.IV.2 ISBN 92-1-130249-5 05-62917—January 2006—2,000 United Nations ST/ESA/305 DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS Division for Social Policy and Development The International Forum for Social Development Social Justice in an Open World The Role of the United Nations asdf United Nations New York, 2006 DESA The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environ- mental data and information on which States Members of the United Nations draw to review common problems and to take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint course of action to address ongoing or emerging global challenges; and (iii) it advises inter- ested Governments on the ways and means of translating policy frameworks devel- oped in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities. Note The views expressed in this publication do not necessarily reflect those of the United Nations. The designations employed and the presentation of the mate- rial do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country or territory or of its authorities, or concerning the delimitations of its frontiers.
    [Show full text]
  • A Sketch of Politically Liberal Principles of Social Justice in Higher Education
    Phil Smith Lecture A SKETCH OF POLITICALLY LIBERAL PRINCIPLES OF SOCIAL JUSTICE IN HIGHER EDUCATION Barry L. Bull Indiana University John Rawls was probably the world’s most influential political philosopher during the last half of the 20th century. In 1971, he published A Theory of Justice,1 in which he attempted to revitalize the tradition of social contract theory that was first used by Thomas Hobbes and John Locke in the 17th century. The basic idea of this tradition was that the only legitimate form of government was one to which all citizens had good reason to consent, and Locke argued that the social contract would necessarily provide protections for basic personal and political liberties of citizens. In the Declaration of Independence, Thomas Jefferson charged that the English King George III had violated these liberties of the American colonists, and therefore the colonies were justified in revolting against English rule. Moreover, the Bill of Rights of the Constitution of the United States can be understood as protecting certain basic liberties—freedom of religion and expression, for example—on the grounds that they are elements of the social contract that place legitimate constraints on the power of any justifiable government. During the late 18th and 19th centuries, however, the social contract approach became the object of serious philosophical criticism, especially because the existence of an original agreement among all citizens was historically implausible and because such an agreement failed to acknowledge the fundamentally social, rather than individual, nature of human decision making, especially about political affairs. In light of this criticism, British philosophers, in particular Jeremy Bentham and John Stuart Mill, suggested that the legitimate justification of government lay not with whether citizens actually consented to it but with whether it and its policies were designed to maximize the happiness of its citizens and actually had that effect.
    [Show full text]
  • A Hayekian Theory of Social Justice
    A HAYEKIAN THEORY OF SOCIAL JUSTICE Samuel Taylor Morison* As Justice gives every Man a Title to the product of his honest Industry, and the fair Acquisitions of his Ancestors descended to him; so Charity gives every Man a Title to so much of another’s Plenty, as will keep him from ex- tream want, where he has no means to subsist otherwise. – John Locke1 I. Introduction The purpose of this essay is to critically examine Friedrich Hayek’s broadside against the conceptual intelligibility of the theory of social or distributive justice. This theme first appears in Hayek’s work in his famous political tract, The Road to Serfdom (1944), and later in The Constitution of Liberty (1960), but he developed the argument at greatest length in his major work in political philosophy, the trilogy entitled Law, Legis- lation, and Liberty (1973-79). Given that Hayek subtitled the second volume of this work The Mirage of Social Justice,2 it might seem counterintuitive or perhaps even ab- surd to suggest the existence of a genuinely Hayekian theory of social justice. Not- withstanding the rhetorical tenor of some of his remarks, however, Hayek’s actual con- clusions are characteristically even-tempered, which, I shall argue, leaves open the possibility of a revisionist account of the matter. As Hayek understands the term, “social justice” usually refers to the inten- tional doling out of economic rewards by the government, “some pattern of remunera- tion based on the assessment of the performance or the needs of different individuals * Attorney-Advisor, Office of the Pardon Attorney, United States Department of Justice, Washington, D.C.; e- mail: [email protected].
    [Show full text]
  • Ahead of World Humanitarian Summit, the Elders Urge UN Action to Stop Mass Atrocities
    Ahead of World Humanitarian Summit, The Elders urge UN action to stop mass atrocities LONDON, 20 May 2016 FOR IMMEDIATE RELEASE The Elders welcome the first World Humanitarian Summit taking place in Istanbul next week as a moment to galvanise responses to human catastrophes, notably in the host country’s immediate region. The Elders believe that the most important way to alleviate humanitarian crises is to prevent conflicts and mass atrocities in the first place. This requires timely action and the exercise of greater responsibility from the five veto-wielding Permanent Members of the UN Security Council. They highlight that the UN Secretary-General’s own report to the summit calls on the permanent members to withhold their veto power on measures addressing mass atrocities. Failure to exercise “veto restraint”, as has been called for by many UN member states and civil society, has resulted in paralysis in the international mechanisms designed to uphold peace and security. To coincide with the Summit, The Elders have released a new video, featuring contributions from Amnesty International and the Global Centre for the Responsibility to Protect, which argues for urgent action on veto restraint. ENDS Note for editors: The video features Kofi Annan, Chair of The Elders; Jimmy Carter, Elder and former President of the United States; Salil Shetty, Secretary-General of Amnesty International; Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect; Mary Robinson, Elder and former UN High Commissioner for Human Rights; Martti Ahtisaari, Elder and former President of Finland; and Hina Jilani, Elder and Pakistani human rights advocate.
    [Show full text]
  • Technoprogressive Biopolitics and Human Enhancement
    TechnoProgressive Biopolitics and Human Enhancement James Hughes Ph.D. Trinity College Williams 229B, 300 Summit St., Hartford, CT 06279-2106 [email protected] “TechnoProgressive Biopolitics and Human Enhancement “ in Progress in Bioethics, ed. Jonathan Moreno and Sam Berger. 2009. MIT Press. pp. 163-188. Abstract A principal challenge facing the progressive bioethics project is the crafting a consistent message on biopolitical issues that divide progressives. The regulation of enhancement technologies is one of the issues central to this emerging biopolitics, pitting progressive defenders of enhancement, "technoprogressives," against progressive critics. This essay will argue that technoprogressive biopolitics express the consistent application of the core progressive values of the Enlightenment: the right of individuals to control their own bodies, brains and reproduction according to their own conscience, under democratic states that work for the public good. Insofar as left bioconservatives want to ensure the safety of therapies and their equitable distribution, these concerns can be addressed by thorough and independent regulation and a universal health care system, and a progressive bioethics of enhancement can unite both enthusiasts and skeptics. Insofar as bioconservative concerns are motivated by deeper hostility to the Enlightenment project however, by assertion of pre-modern reverence for human uniqueness for instance, then a common program is unlikely. After briefly reviewing the political history and contemporary landscape of biopolitical debates about enhancement, the essay outlines three meta-policy contexts that will impact future biopolicy: the pressure to establish a universal, cost-effective health insurance system, the aging of industrial societies, and globalization. Technoprogressive appeals are outlined that will can appeal to key constituencies, and build a majority coalition in support of progressive change.
    [Show full text]
  • Regulation As Social Justice: Empowering People Through Public Protections June 5, 2019, 9:00 A.M
    Briefing Memo for Regulation as Social Justice Conference Regulation as Social Justice: Empowering People Through Public Protections June 5, 2019, 9:00 a.m. The George Washington University Law School 2000 H Street, NW Washington, DC 20052 Introduction The Center for Progressive Reform (CPR) organized Regulation as Social Justice: Empowering People Through Public Protections to serve as a wellspring for the development of a progressive vision for the future of U.S. regulatory policy. We thought it was important to bring together a diverse group of progressive advocates who are working to promote social justice for two reasons. First, we wanted to learn from your unique experiences about the challenges and opportunities the regulatory system presents for building a more just society. The variety of perspectives in turn would help to inform better solutions for reforming the regulatory system so it can do a better job of promoting social justice and addressing unmet community needs. Second, and more broadly, we hope that this event will help build new connections and strengthen existing relationships among the members of the progressive community to reinforce the broader movement to build a more just society. The goal of this memo is to stimulate participants’ thinking about the major issues that will be addressed during the conference. In particular, we see the conference as addressing two broad issues: 1. How does the U.S. regulatory system fit into the broader progressive movement to promote social justice? 2. What reforms are necessary for rebuilding the U.S. regulatory system in a manner consistent with the progressive vision of society? The Relationship Between the Regulatory System and Broader Problems with U.S.
    [Show full text]
  • Building and Governing a Democratic Federation: the Actionaid International Story
    Building and Governing a Democratic Federation: The ActionAid International Story Sherine Jayawickrama and Alnoor Ebrahim June 2013 Building and Governing a Democratic Federation: The ActionAid International Story1 Like many international nongovernmental organizations (INGOs), ActionAid International (AAI) confronts a very different external context than it did when it was founded 41 years ago. Traditional “aid” or “charity” is now widely recognized as being insufficient for addressing persistent poverty and inequality. The role of the state and local ownership in developing countries, as well as the role of social movements, is on the rise. Geopolitical influence is being realigned – away from the United States and Western Europe – in a multi-polar world. Technology is putting more capabilities into the hands of ordinary people to access and share information, and to network and act with others. At the same time, poverty and rights violations still persist. Like its peer INGOs, AAI is confronted by increased competition for resources, intensifying demands for accountability, and heightened scrutiny by governments – all against the backdrop of AAI’s own increasing ambitions for impact and growth. To be successful, AAI’s business model and governance model must enable agility and efficiency, as well as legitimacy and accountability in the forms of citizen voice and demonstrable results. This report explores AAI’s internationalization journey and the governance model that has emerged in the course of that journey. It describes the evolution of AAI’s governance model and draws key lessons for peer INGOs. The paper is based on a governance model review recently commissioned by AAI and conducted by the authors2 under the auspices of the Hauser Center for Nonprofit Organizations at Harvard University.
    [Show full text]
  • Paris, 6-7 June Who's Who
    Paris, 6-7 June Who's who Yassmin Abdel-Magied Mechanical engineer, Social advocate, Writer, Petrol Head, 2015 Queensland Young Australian of the Year . Ms. Abdel-Magied is a mechanical engineer, social advocate, writer and 'petrol head'. Debut author at 24 with the coming-of-age-memoir, Yassmin¶s Story, the 2015 Queensland Young Australian of the Year advocates for the empowerment of youth, women and those from racially, culturally and linguistically diverse backgrounds. Ms. Abdel-Magied is passionate about making 'diversity' the norm. At age 16, she founded Youth Without Borders, an organisation that empowers young people to realise their full potential through collaborative, community based programs. She was named one of Australia¶s most influential engineers by Engineers Australia, and has been recognised for her work in diversity by the United Kingdom¶s Institute of Mechanical Engineers. The youngest woman named in Australia¶s 100 Women of Influence by the Australian Financial Review in 2012, Ms. Abdel-Magied was the Young Muslim of the Year in 2007 and Muslim Youth of the Year in 2015. A sought-after advisor for federal governments and international bodies, she currently sits on the Boards of ChildFund, The Council for Australian-Arab Relations (CAAR) and the domestic violence prevention organisation, OurWatch. She is the Gender Ambassador for the Inter-American Development Bank and has represented Australia through multiple diplomatic programs across the globe. You can also find Ms. Abdel-Magied presenting on TV, currently hosting ABC's weekly show, Australia Wide. She is a regular on Q&A, The Drum, The Project, and internationally on the BBC.
    [Show full text]
  • Venezuela: Issues for Congress, 2013-2016
    Venezuela: Issues for Congress, 2013-2016 Mark P. Sullivan Specialist in Latin American Affairs January 23, 2017 Congressional Research Service 7-5700 www.crs.gov R43239 Venezuela: Issues for Congress, 2013-2016 Summary Although historically the United States had close relations with Venezuela, a major oil supplier, friction in bilateral relations increased under the leftist, populist government of President Hugo Chávez (1999-2013), who died in 2013 after battling cancer. After Chávez’s death, Venezuela held presidential elections in which acting President Nicolás Maduro narrowly defeated Henrique Capriles of the opposition Democratic Unity Roundtable (MUD), with the opposition alleging significant irregularities. In 2014, the Maduro government violently suppressed protests and imprisoned a major opposition figure, Leopoldo López, along with others. In December 2015, the MUD initially won a two-thirds supermajority in National Assembly elections, a major defeat for the ruling United Socialist Party of Venezuela (PSUV). The Maduro government subsequently thwarted the legislature’s power by preventing three MUD representatives from taking office (denying the opposition a supermajority) and using the Supreme Court to block bills approved by the legislature. For much of 2016, opposition efforts were focused on recalling President Maduro through a national referendum, but the government slowed down the referendum process and suspended it indefinitely in October. After an appeal by Pope Francis, the government and most of the opposition (with the exception of Leopoldo López’s Popular Will party) agreed to talks mediated by the Vatican along with the former presidents of the Dominican Republic, Spain, and Panama and the head of the Union of South American Nations.
    [Show full text]
  • Can Technology Deliver Freedoms for India's Poor?
    Can Technology deliver freedoms for India’s poor? Salil Shetty TechFest IIT Bombay, 16th December 2018 The TechFest in IIT Bombay is a very important event which brings some of the brightest young minds together for three days. It is a great opportunity to be able to speak to you today. I spoke two years ago at the Techfest and am pleasantly surprised that I have been invited back! My talk today is addressed to concerned citizens who are not experts on the subject. Many of the issues I am touching on require a much more complex and nuanced treatment but this talk is deliberately taking a simpler narrative. INTRODUCTION I want to approach the subject of my today’s talk through the prism of my own journey. I grew up in Bangalore at a time of great political turbulence, the period when Indira Gandhi, the then PM, declared a political emergency in the country in 1976, the only time that this has happened in our country’s history, suspending all civil and political rights. I was in school and my father being an activist journalist, so many of our friends had been thrown into jail at the time. Apart from the politics of social movements with which my parents were involved, I also got active in student politics and became the President of the student’s union. As I was completing my undergraduate degree, I had a slightly unexpected twist to my life when I got admission into IIM, Ahmedabad, an offer that was and I suppose still is, hard to refuse.
    [Show full text]
  • University Humanities Committee 2018-19
    University Humanities Committee 2018-19 Amy Hungerford (Chair) Amy Hungerford is Bird White Housum Professor of English and Dean of Humanities at Yale. She specializes in 20th- and 21st-century American literature, especially the period since 1945. Her new monograph, Making Literature Now (Stanford, 2016) is about the social networks that support and shape contemporary literature in both traditional and virtual media. A hybrid work of ethnography, polemic, and traditional literary criticism, the book examines how those networks shape writers’ creative choices and the choices we make about reading. Essays from the project have appeared in ALH and Contemporary Literature. Prof. Hungerford is also the author of The Holocaust of Texts: Genocide, Literature, and Personification (Chicago, 2003) and Postmodern Belief: American Literature and Religion Since 1960 (Princeton, 2010) and serves as the editor of the ninth edition of the Norton Anthology of American Literature, Volume E, “Literature Since 1945” (forthcoming in 2016). Francesco Casetti Francesco Casetti is the author of six books, translated (among other languages) in French, Spanish, and Czech, co-author of two books, editor of more than ten books and special issues of journals, and author of more than sixty essays. Casetti is a member of the Advisory Boards of several film journals and research institutions. He sits in the boards of MaxMuseum, Lugano (Switzerland), and MART museum (Rovereto (Italy). He is a member of the Historical Accademia degli Agiati (Rovereto, Italy), correspondent member of the Historical Accademia delle Scienze (Bologna), and foreigner member of the Historical Accademia di Scienze Morali e Politiche (Naples). He is General Editor of the series “Spettacolo e comunicazione” for the publishing house Bompiani (Milano).
    [Show full text]
  • Download Resource
    July 2015 To Mr. Salil Shetty Secretary General, Amnesty International We are writing in regard to Amnesty International’s global policy consultation on sex work. As organizations working to apply the international human rights framework to sex work, we would like to offer our support for Amnesty’s proposed policy in favour of the decriminalisation of sex work. We support Amnesty’s assertion that states have an obligation ‘to reform their laws and develop and implement systems and policies that eliminate discrimination against those engaging in sex work’. Amnesty calls on states to ‘actively seek to empower the most marginalised in society, including through supporting the rights to freedom of association of those engaging in sex work, establishing frameworks that ensure access to appropriate, quality health services and safe working conditions and through combatting discrimination or abuse based on sex, sexual orientation and/or gender identity or expression.’ This echoes the voices of sex workers around the world, who argue that states are responsible for proactively protecting fundamental rights1 and call on them to undertake measures that will help protect, respect, and fulfil these rights for all.2 In environments where many aspects of sex work are criminalised – including, for example, soliciting, living off the earnings of a sex worker (the latter generally penalizing families and children of sex workers the most), or other provisions criminalising third parties3 — sex workers face discrimination and stigma which undermine their human rights, including to liberty, security of the person, equality, and health. Evidence suggests that sex workers’ risk of HIV infection is inextricably related to their marginalized and illegal status, which drives their work underground and increases police abuse and exploitation.
    [Show full text]