Transnational Human Rights and Local Activism: Mapping the Middle

How do transnational ideas such as human rights approaches to violence against women become meaningful in local social settings? How do they move across the gap between a cosmopolitan awareness of human rights and local sociocultural understandings of gender and family? Intermediaries such as community leaders, nongovernmental organization participants, and social movement activists play a critical role in translating ideas from the global arena down and from local arenas up. These are people who understand both the worlds of transnational human rights and local cultural practices and who can look both ways. They are powerful in that they serve as knowledge brokers between culturally distinct social worlds, but they are also vulnerable to manipulation and subversion by states and communities. In this article, I theorize the process of translation and argue that anthropological analysis of translators helps to explain how human rights ideas and interventions circulate around the world and transform social life.     

Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico‐Legal Perspective

The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico‐legal conceptual analogues for human rights and communal responsibility, ?uqūq al‐’ibād and far? al‐kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico‐legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico‐legal values might inform the discursive outputs of Muslim organizations.     

Universal Human Rights and the Problem of Unbounded Cultural Meanings

Freedom from violence stands as an important candidate for a universal human right. By definition, however, such rights apply only to phenomena that are universally perceived and experienced and take predictable expression, a possibility that many contemporary interpretations of cultural theory reject. Yet people who live dramatically different lives—on tourist islands in the West Indies or as hunter-gatherers and reindeer herders in Arctic regions—agree about components that comprise a unitary phenomenon legitimately called "violence." This is consistent with findings from cognitive and neruological science and with a more Geertzian theory that culture understood as meaning is not a thing, cultural variability occurs between individuals, and cultural consensus emerges as a necessary consequence of social interaction among people who participate in common social fields, who engage in common social discourse.     

Considerations for a Human Rights Impact Assessment of a Population Wide Treatment for HIV Prevention Intervention

Increasing attention is being paid to the potential of anti‐retroviral treatment (ART) for HIV prevention. The possibility of eliminating HIV from a population through a universal test and treat intervention, where all people within a population are tested for HIV and all positive people immediately initiated on ART, as part of a wider prevention intervention, was first proposed in 2009. Several clinical trials testing this idea are now in inception phase. An intervention which relies on universally testing the entire population for HIV will pose challenges to human rights, including obtaining genuine consent to testing and treatment. It also requires a context in which people can live free from fear of stigma, discrimination and violence, and can access services they require. These challenges are distinct from the field of medical ethics which has traditionally governed clinical trials and focuses primarily on patient researcher relationship. This paper sets out the potential impact of a population wide treatment as prevention intervention on human rights. It identifies five human right principles of particular relevance: participation, accountability, the right to health, non‐discrimination and equality, and consent and confidentiality. The paper proposes that explicit attention to human rights can strengthen a treatment as prevention intervention, contribute to mediating likely health systems challenges and offer insights on how to reach all sections of the population.     

‘There are no chickens in suicide vests’: the decoupling of human rights and animal rights in Israel

In this article, I consider the shifting politics of animal rights activism in Israel in relation to human rights activism. I find that whereas in the past, human and animal rights activism were tightly linked, today they have become decoupled, for reasons I explore in this article. Although human and animal rights activism once shared social and ideological foundations in Israeli society, today much of the current animal rights activism is assertive and explicit in its disregard for human rights issues, such as the ongoing occupation of Palestine and the treatment of Palestinians. This decoupling has been heightened by the appropriation of animal rights politics by a right‐wing state for the purposes of ethical legitimation. This article considers the dilemmas of ethical responsibilities towards humans and animals as it plays out in one of the most vexed political environments in the world. I consider the shifting politics of human and animal rights activism, and demonstrate how they implicate and entangle each other in the context of the ongoing Israeli‐Palestinian conflict. I further consider what the decoupling of the human and animal rights movements might suggest regarding the ongoing academic critique of human rights and humanism.     

Law and the architecture of social repair: gacaca days in post‐genocide Rwanda

In this article, I examine post‐genocide Rwanda's gacaca process, in which genocide suspects were tried among their neighbours before locally elected judges. I suggest two limitations in how anthropologists have typically studied post‐conflict legal institutions. Measuring the cultural relevance of law obscures contemporary imbrications of African custom and universal legal principles, and distracts from analysis of the politicized uses of culture. Analysing structural constraints and coercive dimensions, while crucial, can blind us to the very real social work that happens in these forums. Instead, I argue, what differentiated gacaca was how deeply it was contextualized – embedded in daily life, public, participatory, routinized, and based on oral testimony – and this contextualization formed the basis of its situated relevance to people's efforts to shape forms of sociality. People used gacaca sessions to negotiate the micro‐politics of reconciliation, which included debating definitions of ‘genocide citizenship’, guilt, innocence, exchange, and material loyalty. I argue for moving beyond the underlying assumption in critical transitional justice studies that law and reconciliation are mutually exclusive, to acknowledge that the instrumental and often divisive dynamics in gacaca do not merely reflect institutional failures but, rather, reflect the inherent violence of social repair.     

Bodily rights and collective claims: the work of legal activists in interpreting reproductive and maternal rights in India

This article engages with anthropological approaches to the study of global human rights discourses around reproductive and maternal health in India. Whether couched in the language of human rights or of other social justice frameworks, different forms of claims‐making in India exist in tandem and correspond to particular traditions of activism and struggle. Universal reproductive rights language remains a discourse aimed at the state in India, where the primary purpose is to demand greater accountability in the domain of policy and governance. Outside of these spheres, other languages are strategically chosen by activists for their greater resonance in addressing individual cases of women claiming reproductive violence within the context of the family as well as localized histories of feminist struggle and social justice. In focusing on the work of legal activists and the discourses which inform their interventions, this article seeks to understand how the language of reproductive rights is used in the context of India, not as a `Western import' which is adapted to local contexts, but rather as one of multiple frameworks of claims‐making drawn upon by legal activists emerging from distinct histories of struggle for gender equality and social justice.     

Do "Language Rights" Serve Indigenous Interests? Some Hopi and Other Queries

While valuable, the discourse of language rights neglects language use in cultural, social, and historical contexts. This article examines some implications of that neglect, especially vis-a-vis small-scale, indigenous, "oral" societies. Drawing principally on Hopi examples, I argue that language rights discourse rests on a reflexivization of language and culture enhanced by globalism. Now reified, language becomes an allegory of ethnic identity. Preexisting sociolinguistic sensibilities get repositioned, for example, in Native Americancommunities in which language has hitherto been deployed as a technique of privacy and sovereignty, language rights ideology islogocentric and presumes a democratic, secular space of language use, conflicting with both privacy and performativity in Native linguisticvalues. And some linguistic usage reinforces social inequality, both transnationally and group-internally: Here, language rights contradict other human rights. Language rights discourse also requires anthropology to rethink its recent antipathy to the culture concept and to treat language and culture objectively. [Keywords: language rights, sociolinguistic values, sovereignty, logocentrism, globalism]     

END‐OF‐LIFE CARE IN THE 21st CENTURY: ADVANCE DIRECTIVES IN UNIVERSAL RIGHTS DISCOURSE

This article explores universal normative bases that could help to shape a workable legal construct that would facilitate a global use of advance directives. Although I believe that advance directives are of universal character, my primary aim in approaching this issue is to remain realistic. I will make three claims. First, I will argue that the principles of autonomy, dignity and informed consent, embodied in the Oviedo Convention and the UNESCO Declaration on Bioethics and Human Rights, could arguably be regarded as universal bases for the global use of advance directives. Second, I will demonstrate that, despite the apparent consensus of ethical authorities in support of their global use, it is unlikely, for the time being, that such consensus could lead to unqualified legal recognition of advance directives, because of different understandings of the nature of the international rules, meanings of autonomy and dignity which are context‐specific and culture‐specific, and existing imperfections that make advance directives either unworkable or hardly applicable in practice. The third claim suggests that the fact that the concept of the advance directive is not universally shared does not mean that it should not become so, but never as the only option in managing incompetent patients. A way to proceed is to prioritize work on developing higher standards in managing incompetent patients and on progressing towards the realization of universal human rights in the sphere of bioethics, by advocating a universal, legally binding international convention that would outlaw human rights violations in end‐of‐life decision‐making.     

Afterword to "Anthropology and Human Rights in a New Key": The Social Life of Human Rights

In this article, I argue for an ethnographic approach to human rights that recognizes the plural and fragmentary nature of the international rights regime and the ideological promiscuity of rights talk. Instead of determining in advance the social or political character of rights, anthropologists could profitably draw from the insights of early-20th-century "legal realists" and look closely at the underlying assumptions and hidden practices of political and legal processes. Studying the "social life of human rights" would involve focusing on, inter alia, the performative dimensions of human rights, the dynamics of social mobilization, and the attitudinal changes of elite and nonelite social actors towards formulations of "rights" and "justice," both inside and outside the legal process. I conclude with a review of recent anthropological research on human rights epistemology and evaluate its implications for human rights policy.     

The double bind of DACA: exploring the legal violence of liminal status for undocumented youth

This qualitative study explores how undocumented immigrant youth navigate the uncertainty of an ambiguous, or liminal, legal status. By focusing on the case of Deferred Action for Childhood Arrivals (DACA), I build on the concept of liminal legality to advance our understanding of how transitioning from “illegal” to quasi-legal shapes social inclusion. Using a modified grounded theory approach, I analyse data from in-depth interviews with 39 DACA recipients in the state of South Carolina. A constant comparative approach is used while completing open and focused coding, and multiple steps are taken to support the trustworthiness of the study. I show how liminal legality presents a double bind for youth because DACA communicates two different and contradictory messages simultaneously. I argue that this is a form of legal violence: beneficiaries are given the hope of social inclusion without the possibility of fully attaining it.     

The quest for universality: reflections on the Universal Draft Declaration on Bioethics and Human Rights

This essay focuses on two underlying presumptions that impinge on the effort of UNESCO to engender universal agreement on a set of bioethical norms: the conception of universality that pervades much of the document, and its disregard of structural inequalities that significantly impact health. Drawing on other UN system documents and recent feminist bioethics scholarship, we argue that the formulation of universal principles should not rely solely on shared ethical values, as the draft document affirms, but also on differences in ethical values that obtain across cultures. UNESCO's earlier work on gender mainstreaming illustrates the necessity of thinking from multiple perspectives in generating universal norms. The declaration asserts the 'fundamental equality of all human beings in dignity and rights'(1) and insists that 'the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition'(2) yet it does not explicitly recognize disparities of power and wealth that deny equal dignity and rights to many. Without attention to structural (as opposed to merely accidental) inequities, UNESCO's invocation of rights is so abstract as to be incompatible with its avowed intention.     

Transforming Institutions among Pastoralists: Inequality and Land Privatization

This article analyzes how a community of Samburu pastoralists in Kenya transformed their land tenure system from communal to private ownership. It demonstrates the dynamic nature of institutional change processes by examining exogenous and endogenous factors that created conditions conducive to change. Inequalities and conflicting interests among different social groups provided impetus for change as well as ammunition to attack or defend common property. Privatization emerged from conflict among social groups, predicated on the relative power positions of the parties—positions that shifted over time in response to strategic actions of individuals and groups. In turn, the adoption of private property altered social relationships, creating new norms regarding land ownership, individual rights, and authority. [Keywords: institutions, Africa, pastoralism, property rights, social norms]     

RETRACING LIBERALISM AND REMAKING NATURE: DESIGNER CHILDREN,RESEARCH EMBRYOS,AND FEATHERLESS CHICKENS

Liberal theory seeks to achieve toleration, civil peace, and mutual respect in pluralistic societies by making public policy without reference to arguments arising from within formative ideals about what gives value to human life. Does it make sense to set aside such conceptions of the good when it comes to controversies about stem cell research and the genetic engineering of people or animals? Whether it is reasonable to bracket our worldviews in such cases depends on how we answer the moral questions that the use of these biotechnologies presuppose. I argue that the moral language of liberal justice – of rights and duties, interests and opportunities, freedom and consent, equality and fairness – cannot speak to these underlying concerns about what the human embryo is, why the natural lottery matters to us, and whether ‘animal nature’ is worth preserving. I conclude that liberal theory is incapable of furnishing a coherent or desirable account to govern the way we use our emerging powers of biotechnology.     

Medical Anthropology: Toward a Third Moment in Social Science?

This article about medical anthropology was inspired by the work of Pierre Bourdieu, specifically, his efforts to reconcile the antinomy of a "social structuralist" and a "cultural constructivist" perspective. These perspectives are often opposed in the literature, but, in Bourdieu's view, human life cannot be studied without taking into account both how individuals are situated within and constrained by social structures and how those individuals construct an understanding of and impose meaning on the world around them. I argue that the special subject matter of medical anthropology--human health--demands that a synthetic approach be taken in our theory and research. I illustrate this argument with examples from my own research on social and cultural factors associated with blood pressure, and I point to other examples of this synthesis in medical anthropology. The results of this research hold promise for the continuing refinement of culture theory.     

Cultural values embodying universal norms: a critique of a popular assumption about cultures and human rights

In Western and non-Western societies, it is a widely held belief that the concept of human rights is, by and large, a Western cultural norm, often at odds with non-Western cultures and, therefore, not applicable in non-Western societies. The Universal Draft Declaration on Bioethics and Human Rights reflects this deep-rooted and popular assumption. By using Chinese culture(s) as an illustration, this article points out the problems of this widespread misconception and stereotypical view of cultures and human rights. It highlights the often ignored positive elements in Chinese cultures that promote and embody universal human values such as human dignity and human rights. It concludes, accordingly, with concrete suggestions on how to modify the Declaration.     

‘I was celebrating the justice that the victims got’: exploring irreconciliation among Bangladeshi human rights activists in London

This essay investigates transnational human rights activist networks seeking justice for war crimes committed during the Bangladesh War of 1971, especially in light of the International Crimes Tribunal in Dhaka, Bangladesh. Focusing on activists in London, it demonstrates the need to engage with transitional justice initiatives discursively and ethnographically in order to avoid losing sight of the ways in which uses of human rights concepts can veil power dimensions through universalist legalistic abstractions. The essay explores engagements with atrocities of the war by mapping the travel and uses of human rights tropes to articulate claims of justice. It showcases how in addressing the violence of the Bangladesh War, victor justice and punishment are emphasized while futures are imagined in which enemies no longer exist. In the examples, a language of justice is employed to call for prosecution, but justice is reframed so that it is equated with the impossibility of reconciling people on opposing sides during the war.     

The contingency of ‘rights’: Locating a global discourse in Aboriginal Central Australia

The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations (UN) General Assembly in 2007 and endorsed by the Australian Labor government two years later. This achievement is an essential element in the global politics of Indigenous recognition and includes unique rights, such as the right to a cultural collectivity and Indigenous Cultural and Intellectual Property, while reinforcing the right to self‐determination. Yet this new Indigenous rights regime is both underpinned and constrained by the UN human rights system, the implications of which include constraint within a secular neo‐imperialist liberal paradigm. However, this human rights paradigm can also offer generative potential to challenge existing relations of power. According to Kymlicka, the UN's system of human rights has, after all, been ‘one of the great moral achievements of the twentieth century’. How can these tensions between the aspirations to universal secularism and the right to culture, for instance, be accommodated within the Indigenous human rights discourse? And how does this new international legal and norm‐setting instrument speak to the glaring disjunct between declaration of rights and social fact in central Australia, the focus of this research? The move toward an anthropology of human rights looks squarely at this conundrum and attempts to locate spaces of continuity and co‐option or, conversely, subversion and rejection as local cultures of human rights are articulated.     

Human Rights and Broken Cisterns: Counterpublic Christianity and Rights-based Discourse in Contemporary England

Although human rights are often framed as the result of centuries of Western Christian thought, many English evangelicals are wary of the U.K.’s recent embrace of rights-based law. Yet this wariness does not preclude their use of human rights instruments in the courts. Drawing upon fieldwork with Christian lobbyists and lawyers in London, I argue that evangelical activists instrumentalise rights-based law so as to undermine the universalist claims on which they rest. By constructing themselves as a marginalised counterpublic whose rights are frequently ‘trumped’ by the competing claims of others, they hope to convince their fellow Britons that a society built upon the logic of equal rights cannot hope to deliver the human flourishing it promises. Given the salience of contemporary political conservatism, I call for further ethnographic research into counterpublic movements, and offer my interlocutors’ instrumentalisation of human rights as a critique of the inconsistencies of secular law.     

Global mass violence: examining racial and gendered violence in the twilight of multiculturalism

This article examines three instances of mass violence for what they tell us about the inadequacies of post-racial and colourblind discourses in the US and Europe. I apply an intersectional analysis of the manifestoes that Anders Behring Breivik, Elliot Rodger and Dylann Roof leave in the wake of their horrific acts. These manifestoes, in their appropriation of rights discourses and desire for a white racial order, expose the ambivalent commitments to persons of colour evident in the current retreat of many Western states from multiculturalist ideals in favour of post-racial integration. These states now advocate policies of integration over previous emphases on multiculturalism and diversity, a move that reflects the growing popular promotion of national identity and nativist culture. I argue that such incidents of mass violence should be understood in relation to the political, social and cultural contexts that perpetuate and often legitimate xenophobia and gendered racism.