Justice Everywhere

a blog about justice in public affairs

Category: Rights (Page 1 of 2)

Why should housing be fit for human habitation?

There is currently a lot of attention on the UK’s “housing crisis”. One issue here is the quantity of available housing. There are commitments to address the shortage of housing in the 2017 manifestos of both the Labour Party and the Conservative Party. Another issue is the quality of housing. On this issue, the Labour Party have restated the commitment they made in a 2015 Homes Bill to require that all homes meet the standard of being “fit for human habitation”. In this post, I explore the reasons in favour of this commitment.

Read More

Ought non-mobile citizens of the EU be compensated for the costs of mobility?

In his kick-off contribution to the latest EUDO-Forum debate, Maurizio Ferrera engages with a challenging question raised by Rainer Bauböck in his State of the Union Address (5 May 2017, Florence): can the integrative functions of EU citizenship be enhanced and how? Ferrera identifies flaws of the EU citizenship construct, focusing on its social dimension, and concludes with “some modest proposals for ‘adding stuff’ to the EU citizenship container”. His proposals include a compensation of non-mobile EU citizens for the negative economic and social externalities of intra-EU mobility, i.e., of the mobility of workers in the EU. While I agree with much of what Ferrera says, I am unconvinced of this particular proposal. The argument presented here is a short version of the one published on the EUDO website.

Read More

Maternity leave: why should employers pay?

Labour Market Injustice

Labour markets are rife with questions of justice. This series of blog posts; explore cases of injustice, highlight theoretical puzzles and point towards possible solutions. They emerged from debates at the ‘Labour Market Injustice’ Workshop co-hosted by Newcastle and Durham Universities and generously sponsored by the Society for Applied Philosophy.  In this fourth post Sarah Goff discusses bearing the costs of maternity leave.

In a 2004 interview, Donald Trump described pregnancy as an inconvenience” for business. Whether or not this remark reveals anything about President Trump’s intentions for his promised reforms to maternity leave in the U.S., it seems plausible as a statement of fact. For a business, it often will be an inconvenience for employees to have a legal right to take a leave of absence and return to their positions without penalty. Of course, the cost of providing paid leave is additional to any costs incurred from the inconvenience of the leave-taking itself.

Observing that there are costs to maternity leave does not imply new mothers lack a moral right to take it. The observation simply raises the question of who is responsible for bearing these costs. The case for employers to provide paid maternity leave is less strong than the case for employers to accommodate new mothers in taking a period of leave with a right to return to their jobs. While only employers can bear the cost of the inconvenience to business, there are many feasible arrangements for other actors to bear the costs of providing financial support during maternity leave. In fact, there is substantial variation across societies in: public provision for paid maternity leave, legal mandates on employers to provide paid leave, employers’ provision of paid leave in excess of legal requirements (particularly in high paying industries where there is a business interest in retaining skilled employees), and social and cultural practices of support for new parents from extended families and kinship networks.

Read More

Why are you more angry about Trump’s state visit to the UK than about visits from the leaders of China and Saudi Arabia?

The petition against Donald Trump’s ‘state visit’ to the United Kingdom has gathered over 1.8 million signatories. (I am one of them). Of particular concern to many of these signatories has been Trump’s ‘Muslim ban’, and its perceived infringement of international human rights law. But there is a curiosity, one that has been seized upon by those more positively disposed to Trump. Trump’s actions to date are surely less objectionable, from a human rights perspective, than the historical actions of Saudi Arabia and China, and the leaders of both of those countries have enjoyed recent state visits to the United Kingdom with (relative to Trump) little outcry. Can these differing scales of public reaction be justified? I suspect not; only explained.

Read More

The case for a duty of development assistance

A cash transfer recipient in Kenya, in front of the house he built with the money, in 2014. Photo: GiveDirectly.

The New Statesman journalist Stephen Bush recently predicted that, having achieved their life-long dream of taking Britain out of the EU, the right-wing press’s next target will be DfiD and Britain’s commitment to foreign aid.

The Daily Mail, in particular, have already sharpened their knives. One day they rail about British tax-payer money going to expensive middle-men and consultants. The next, they’re up in arms about in the developing world. Never mind that this form of aid – with no strings attached and no stipulations on what the money can or cannot be used for – has been tested by independent experts and shown to provide one of the highest returns on investment, helping the most people at the lowest expense to the British state.

A robust defence of development assistance is needed. I intend this post to be the first of a number in 2017, arguing for Britain and other developed countries to spend at least the 0.7% of GDP, which has been internationally agreed upon, on development assistance. (Britain is currently one of only six countries to do so, alongside the Netherlands Denmark, Luxembourg, Norway and Sweden).

Read More

Moral Progress – An Illusion?

O

In the face of an increase in shootings and terrorist attacks, Erdogan’s “cleansing” operations, the Brexit, an on-going refugee crisis and numerous other worrying developments, a post about moral progress might seem entirely out of place. Who would believe that there could be anything like that? Isn’t it obvious that human beings are unable to learn from history, that every hope that the world could become more just and peaceful in the long run is in vain? Don’t the recent developments show clearly that multiculturalism cannot work, that real integration is an illusion, that religious dogmas are stronger than arguments and that humans are unable to change their behaviour so as to stop global warming? Despite all reasons for being sceptical, some philosophers still firmly believe in the possibility for us humans to progress morally. In this post, I argue that we ought not to give up our hopes for a more humane, just and peaceful world, and explore ways in which moral progress could be achieved.

Read More

On what we should get out of work (other than money!)

bruegel_peasants

Remember what good things you hoped awaited you within a future job when you were very young and still preparing for one. And have you ever been unemployed long-term, worried that you’d not find work in the near future? Remember why this was distressing (if it was). Here I’ll talk about the things we can, and should, get out of work – and argue that these goods are so important that we ought to reorganise employment.

Read More

More thoughts on the £35,000 threshold – a response to Jesper Pedersen

The UK government has recently announced that it is raising the income threshold for non-EU citizens who wish to immigrate to the UK from £20,800 to £35,000. This threshold will apply not just to new immigrants, but also to those who have lived in the UK already for more than five years. It is the contention of this post that this new £35,000 threshold is not just unwise or poorly thought out, but also unjust.

Jesper Pedersen considers this issue with admirable even-handedness, but what if, rather than doing anything akin to sitting on this particular fence, we wanted to vault right over it, and claim – as I do here – that the policy is unjust? What support for making this statement could we muster?

Read More

Is the £35,000 rule unjust?

From the 1st April onwards any non-EU immigrant to the UK who does not otherwise have a connection with the country* must earn at least £35,000 by the end of their fifth year here, or otherwise face deportation. This policy is expected to make a small but largely insignificant contribution to lowering net migration numbers.

The commentariat’s verdict has been unequivocally harsh. This discriminatory law, it has been pointed out, will do next to nothing to keep out the kinds of people that draw the ire of the tabloids: unemployed “scroungers” and low-skilled immigrants who, it is claimed, depress the wages of – and take jobs away from ­– low-skilled British workers.

Read More

The right to freedom of expression on facebook: Do we have a valid claim against censorship in social media?


 

Image by Giorgi Balakhadze, Wikimedia Commons (I have no rights to this image)

So, it happened. One of my facebook friends got “edited”. Without any further notice, one of his posts about the Gaza conflict vanished from his wall. The post itself was not really radical, it linked to an official article. In his next post he mentioned this. Three of his friends commented that it had happened to them as well. All posts were about Gaza. None of the users were notified by facebook. I think that this case of “silent editing” presents a fitting topic for “justice everywhere”. A rather familiar theme of justice rears its head here, namely the fundamental right of free speech. Do we have a right to express ourselves freely in social media? Should we? 
Facebook’s editing policies have been widely discussed, for instance in the case of a cancer-survivor put her post-mastectomy-picturesup. They were considered pornographic by facebook and consequently removed. Public outrage followed, in the wake of which facebook changed its policy, explicitly allowing post-mastectomy photos. Other incidents included the removal of posts by gay activists or of pictures of artwork or photographs of new-born with a severe birth defect. Most of these cases were not silent, however. Users got notified by facebook.
Facebook explicitly reserves the right to remove content referring to their “community standards” that everyone who joins facebook must agree to. They also state that they do not usually scan posts themselves, but react to complaints by other users that find certain content offensive. The reports are collected by an admin who reviews whether the content does in fact violate facebook’s standards. Thus, not everything that is reported will be removed. Yet, it is ultimately up to facebook to decide what stay’s up and what doesn’t.  (Interestingly, facebook has recently outsourced this work to the firm “oDesk”)
The tone of most of the articles I have quoted above displays a strong sense of entitlement: posters are often furious that their content is taken down. It seems that they feel curtailed in their right to express themselves via facebook. Are these claims justifiable? A powerful (mainly legal) counter-argument comes to mind: facebook is not a governmental organisation; it is a private company only bound by the general laws of the countries it operates in. Arguing on the level of political liberalism, a similar argument could be formulated by pointing out that nobody has to join facebook. People join willingly and knowing that facebook is a platform run by a private company. They need to agree to the latter’s terms and conditions (if they bother to read them), they do not need to post anything and they can terminate their account anytime. The latter is often much easier said than done, but still. Thus, users do not seem to possess the right to post whatever they want. If users do not like it, facebook might retort, they can use other platforms.
Regardless, I want to make a case on the basis of considerations of public justice that facebook needs to honour a right to free expression. The main reason is, in simple words, that facebook is just too big and influential to be excluded from further legal and ethical constraints – for example constraints on classic media or the monitoring that companies underlie which have a monopoly. Private persons, companies, newspapers, tv-channels, non-profit organisations etc. use it to spread information, to present themselves or get in contact with each other. Facebook should therefore be treated as the big media player that it is –  like google. The latter is already familiar with legal claims
      Based on this general assumption, I like to raise four legal-ethical points to argue why and how facebook should honour the right for free expression.
  1. Constitutional rights can be applied to non-governmental organisations, as the laws of some countries show. For instance, German and Austrian law describes the model of a so-called “thirdparty effect of constitutional rights”. The effect comes into play when the people involved have possess “very unequal economic and social power”, e.g. in the relationship between employers and employees. Analogously one could argue that the power gap between companies such as google or facebook and their users is large enough to warrant the consideration that users can evoke their constitutional rights
  2. Since facebook has an enormous bearing on the public debate of political and social issues, it should be subject to media laws and political scrutiny. In analogy to the google case, rights to privacy, to inform themselves freely or not to be harassed need to be respected. Some of them are already part of facebook’s “community standards”, but facebook is the only that monitors their enforcement. 
  3. Facebooks own standards formulate obligations to their users. Facebook promises to leave the rights to content in the user’s hand, whenever standards are not violated. If not, they promise to notify the user (s. point 4 below). It should be made sure that facebook adheres to its own standards.
  4. Transparency presents a prominent principle in procedural justice. People have a right to be informed about the matters that concern them, especially in public interaction and deliberation. If facebook is editing content silently, it clearly violates this right.
What my colleague experienced can, in my view, called “censorship” (a term that is usually reserved for government action) in a strong form. My point is thus that governmental institutions should have a way to interfere in this case. At least they should monitor processes more closely. This includes that facebook discloses it policies and operations. What do you think?

P.S. I admit to being a frequent facebook user to gather information and keep in contact with people I do not see on a regular basis. Interestingly, my post linking to an article about Gideon Levy and his reports from Gaza is still up, while it disappeared from other walls. Not sure what that means.

Page 1 of 2

Powered by WordPress & Theme by Anders Norén