Justice Everywhere

a blog about philosophy in public affairs

Category: Rights (Page 1 of 6)

What is the wrong of misgendering?

More precisely: how to make sense of the wrong of attributing to someone, and treating them according to, a gender that’s different to the one they say they have?

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What the pandemic can tell us about prison

In the last few months, many countries have seen the lifting of numerous Covid 19 restrictions. While the pandemic is far from over and some countries are still opting for strict lockdowns, as in the notable case of China, in most of Europe and the US it has entered a new phase in which much of what made up life before Covid has resumed, at least for most people. A progressive return to the life before is also taking place in prisons. The time is right to have a look back at the last two years to review what prisons looked like during the pandemic, and what that can tell us about this fraught institution.

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Why We Can’t Have It All When It Comes to the Future of Work

This is a guest post by Deryn Thomas, PhD Student in Philosophy, Benjamin Sachs, Senior Lecturer, and Alexander Douglas, Senior Lecturer, at University of St. Andrews. It discusses their recent research on a future with fair work for all and some of the trade-offs it involves. 


Two years into a world turned upside down by lockdowns, travel restrictions, and viral mutations, the way people work and make a living has changed dramatically. New challenges are being presented by rising childcare costs, increases in automation, the digitisation of the workplace, and the gig economy. So we need to ask: how do we make the future of work better for everyone?

At the Future of Work and Income Research Network, we’ve been thinking hard about this problem. As part of these efforts, we recently participated in a consultation for the Scottish Government on its Fair Work Goals, set to be implemented by 2025. The consultation document and stated goals offer an optimistic vision for the future of work in Scotland. But it risks being too idealistic: many of the stated goals conflict with each other.

We noticed at least four sets of incompatible goals. As it stands, the documents say nothing about how these compromises will be decided. But we think this leaves out an important step in the process. Therefore, we offer some reflections from philosophy about how to weigh up the values at stake.  In the end, we think that decisions like these need to be made in the context of a national conversation about the trade-offs surrounding work.

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Rethinking Human Rights in the Context of Climate Change

This is a guest post by Jelena Belic, Lecturer in Political Theory at Leiden University, and Margaretha Wewerinke-Singh, Assistant Professor of Public International Law at Leiden University. It discusses their reflections on the place of human rights in action on climate change following a recent conference they hosted on these issues. 


As other means of tackling the problem of climate change, including inter-state negotiations, do not deliver what is needed, there is an increasing turn toward framing the effects of climate change in terms of human rights violations and searching for remedies. But can human rights as we know them deliver what is expected of them? Scholars and practitioners from different disciplines and corners of the world gathered to examine this multi-faceted question during a 2-day conference organized by the newly established research group on human rights and climate change as part of the Global Transformations and Governance Challenges programme at Leiden University.

While the speakers engaged with multiple questions and offered diverse perspectives, they agreed that human rights in their current legal form and the mechanisms that are supposed to protect them need to undergo a significant transformation if they are to serve important purposes in addressing the harms of climate change. Here we would like to note three avenues of the human rights ongoing transformations concerning their normative foundations, content, and the rise of climate litigation.

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Are Persons with Intellectual Disabilities Unjustly Disenfranchised?

In July 2020 the Romanian Constitutional Court declared that the institution of judicial interdiction, which deprived people deemed to have severe intellectual disabilities[1] of numerous civil rights, is unconstitutional. Thus, while the Constitution itself still requires that people with intellectual disabilities placed under judicial interdiction are to be disenfranchised, the provision is de facto inapplicable, making the next round of elections the first in Romania’s history where people with severe intellectual disabilities will be included in the demos. Other countries have more explicitly embraced this type of enfranchisement, with both France and Spain making legislative changes that grant voting rights to people with intellectual disabilities in 2018. Consequently, about half of EU Member States now endorse the electoral exclusion of people with intellectual disabilities, in some form, while the other half fully include them. At a global level, the situation is starkly different, however, with a 2016 study on all 193 UN countries showing that only 11% had provided full enfranchisement up to that point. Thus, it can be said that as of 2022, only a small minority of states abide by Article 29 of the Convention on the Rights of Persons with Disabilities, according to which states should “ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote […]”.

Of course, the normative force of arguments for or against any form of disenfranchisement cannot be primarily derived from the provisions of international law. And, in fact, even from this perspective any judgement would not be so clear-cut, considering the recent decision by the European Court of Human Rights to uphold the practice of disenfranchisement for reasons of intellectual capacity as legitimate in the case of Strøbye and Rosenlind v. Denmark. So what can be said in justification of this policy?

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What Do We Owe to Pandemic Puppies?

For many, having an animal companion during the pandemic has been a blessing. Someone to keep you company, someone to play with, someone who brings you joy and gives you a reason to get out of bed. Indeed, in the UK, the Pet Food Manufacturers’ Association (PFMA) reported that 3.2 million households in the UK have acquired an animal companion since the start of the pandemic. This brings the total number of animal companions in the UK up to 34 million, including 12 million cats and 12 million dogs, and equates to 17 million households being responsible for an animal’s welfare.

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Combining public policies and transformative action in fighting against gender violence

In this contribution, Katarina Pitasse Fragoso and Nathália Sanglard reflect on gender violence and public policies. 

 Gender violence is a form of physical, verbal, psychological or symbolic damage, caused directly or indirectly to the person due to her gender identity. It is an injustice, because, according to Elizabeth Anderson, it has been generated by arbitrary systems, such as patriarchal ones, which use gender as a justification to harm others and prevent access to resources, rights, the job market and other services. In this article, we will explore how these types of violence disproportionately affect women and feminized subjects, and we will propose some ways to enhance mainstream public policies, through a combination of actions and participatory devices.

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Having slaves and raising children

When I said yes to co-writing a book on surrogacy, I thought it would be just a straightforward application of my general view that moral rights over children, including the right to custody, are grounded in children’s own interests rather than in any interest of the right holder. And in a way it is: in a nutshell, I argue that custody is a prerogative, and hence cannot be sold or gifted. A practice that permits people to transfer it at will is illegitimate. But, along the way, I’m making interesting discoveries; one of them is just how far one may push the analogy between holding slaves and raising children in a world like ours, which has not yet fully outgrown the long tradition of denying rights to children. Many contemporary philosophers of childrearing should find the analogy plausible, even if they don’t share my view about the justification of the right to custody. Let me explain.

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A Puzzle about Disability and Old Age

In this post, Kasper Lippert-Rasmussen discusses their recent article in Journal of Applied Philosophy on the connections between disability-related disadvantages and old-age-related disadvantages.


Many think that being disabled and being old are worse for a person than being able-bodied and being young respectively. However, many think differently about these two disadvantages. Specifically, they think that while the disadvantages of disabled people are (largely) due to ableism, the disadvantages of old age are not due to ageism, but simply reflects a regrettable, unavoidable fact of life. In a recent article, I argue that this view is untenable. More generally, I suggest in the light of how our thinking of one of these forms of disadvantages constrains our thinking about the other that much of the previous debate about the badness of disability and old is misdirected.

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A Criminal Law for Semi-Citizens

In this post, Cristián Irarrázaval Zaldívar and Ivó Coca-Vila discuss their recent article in Journal of Applied Philosophy on how to legitimate punishment in the context of varying forms of citizenship.


Ask yourself why an English court can legitimately punish an Indonesian who committed an offence in Japan but now lives in the UK, or a Spanish judge can punish a young Senegalese criminal offender who, after months crossing through Africa, enters Spain illegally and subsists in absolute hardship hidden from state authorities. Probably your answer would be something along the lines that punishment is necessary to prevent harm. Indeed, that is how most criminal law scholars respond. However, among contemporary authors, it is increasingly common to assert that the criminal law of a given state should be applicable only to those who, at the time of the commission of the offence, had some kind of political bond with it, namely, to those who belonged to the polity as “citizens”. In our recent article, we explain why the advantages of this approach outweigh the downsides, at least as long as we take seriously the fact that citizenship is not all-or-nothing, but comes in degrees.

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