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Article

Brenda K. J. Crawley

Septima Poinsetta Clark (1898–1987) is well-known for her citizenship schools, literacy training, voting and civil rights activism, and community, political, and social services.

Article

Pat Lauderdale and Nicholas D. Natividad

The United Nations Permanent Forum on Indigenous Issues estimates that there are over 370 million indigenous people spread across 70 countries worldwide. Practicing unique traditions, they retain social, cultural, economic, and political characteristics that are distinct from those of the dominant societies in which they live. Dialogue and political negotiations with indigenous peoples has a long history that began at least a half a millennium ago when the notion of an inter-national” community and the concept of the nation-state became dominant. Since that time, the concepts of sovereignty, self-determination, rule of law, and human rights have led to the establishment of the frameworks and structures of organization that are now referred to collectively as modern international law. But unlike most modern international human rights law, which emphasizes rights of the individual, indigenous peoples generally think in terms of collective rather than individual rights. Because indigenous peoples’ “law” suggests the importance of collective rights, it renders a culture of responsibility and accountability to the collective. At present, international indigenous rights are a type of superficial bandage, giving the appearance of propriety to the crisis faced by the hegemonic “international system of states.” Therefore, indigenous rights standards propagated by organizations such as the UN currently are largely symbolic. However, they could potentially lead to real change if they are coupled with widespread acknowledgment of the fact that diverse societies exist throughout the world with different forms of social organization and diverse conceptions of law.

Article

Karen M. Staller

Children's rights can refer to moral rights—basic human rights regardless of age or station—and legal rights, those awarded based on chronological age or level of maturity. They are conceptualized in three categories: protection rights (the right to be free from harm and exploitation), provision rights (the right to have their basic needs met), and participation rights (the right to have a say). Children's rights can conflict with family autonomy, and state intervention is based on the common law doctrine of parens patriae. The UN's Convention on the Rights of the Child is the most comprehensive statement of children's rights to date.

Article

Given the systematic threats facing humanity, there is an urgent need for new thinking about the human rights project. The most prevalent form of global abuse exists in the form of violence against women and children. Sexual violence has been considered the most pervasive, yet least recognized human rights, abuse in the world. Equally prevalent among the modern sources of threats to physical integrity rights are the pervasive practice of torture and the issue of poverty and the threats it poses to human dignity and human rights. Individual civil-political rights and the rights of minorities, including women, ethnic and religious minorities, and indigenous people have been protected at times and violated at other times by states. Moreover, some observers argue that group rights should be properly understood as an extension of the already recognized collective rights to self-determination of people. But this broad spectrum of human rights violations can be organized into two categories: domestic and international. The domestic sources include both local and national sources of human rights abuses, and international sources entail international and global dimensions. These analyses are interconnected and reinforcing, but they can be contradictory at times. Understanding such complex interrelations is a necessary condition for describing factors and processes leading to abuses. In an applied sense, this understanding is essential for suggesting how we should proceed with the protection of basic human rights. Although there is agreement on the most pressing problems of human suffering, there is no consensus over the answers.

Article

Puerto Rican migrants have resided in the United States since before the Spanish-Cuban-American War of 1898, when the United States took possession of the island of Puerto Rico as part of the Treaty of Paris. After the war, groups of Puerto Ricans began migrating to the United States as contract laborers, first to sugarcane plantations in Hawaii, and then to other destinations on the mainland. After the Jones Act of 1917 extended U.S. citizenship to islanders, Puerto Ricans migrated to the United States in larger numbers, establishing their largest base in New York City. Over the course of the 1920s and 1930s, a vibrant and heterogeneous colonia developed there, and Puerto Ricans participated actively both in local politics and in the increasingly contentious politics of their homeland, whose status was indeterminate until it became a commonwealth in 1952. The Puerto Rican community in New York changed dramatically after World War II, accommodating up to fifty thousand new migrants per year during the peak of the “great migration” from the island. Newcomers faced intense discrimination and marginalization in this era, defined by both a Cold War ethos and liberal social scientists’ interest in the “Puerto Rican problem.” Puerto Rican migrant communities in the 1950s and 1960s—now rapidly expanding into the Midwest, especially Chicago, and into New Jersey, Connecticut, and Philadelphia—struggled with inadequate housing and discrimination in the job market. In local schools, Puerto Rican children often faced a lack of accommodation of their need for English language instruction. Most catastrophic for Puerto Rican communities, on the East Coast particularly, was the deindustrialization of the labor market over the course of the 1960s. By the late 1960s, in response to these conditions and spurred by the civil rights, Black Power, and other social movements, young Puerto Ricans began organizing and protesting in large numbers. Their activism combined a radical approach to community organizing with Puerto Rican nationalism and international anti-imperialism. The youth were not the only activists in this era. Parents in New York had initiated, together with their African American neighbors, a “community control” movement that spanned the late 1960s and early 1970s; and many other adult activists pushed the politics of the urban social service sector—the primary institutions in many impoverished Puerto Rican communities—further to the left. By the mid-1970s, urban fiscal crises and the rising conservative backlash in national politics dealt another blow to many Puerto Rican communities in the United States. The Puerto Rican population as a whole was now widely considered part of a national “underclass,” and much of the political energy of Puerto Rican leaders focused on addressing the paucity of both basic material stability and social equality in their communities. Since the 1980s, however, Puerto Ricans have achieved some economic gains, and a growing college-educated middle class has managed to gain more control over the cultural representations of their communities. More recently, the political salience of Puerto Ricans as a group has begun to shift. For the better part of the 20th century, Puerto Ricans in the United States were considered numerically insignificant or politically impotent (or both); but in the last two presidential elections (2008 and 2012), their growing populations in the South, especially in Florida, have drawn attention to their demographic significance and their political sensibilities.

Article

Sadye L. M. Logan

Fannie Lou Hamer was a civil rights activist working for the Student Nonviolent Coordinating Committee (SNCC). She dedicated her life to community organizing and the fight for human and civil rights. Hamer was also the co-founder of the Mississippi Freedom Democratic Party.

Article

Indigenous rights have been gaining traction in international law since World War II, as the indigenous peoples, previously classified under the scope of domestic law, have propelled their cause into the global arena. Indigenous societies are vastly heterogeneous, but they possess some common features, such as lack of statehood, economic and political marginalization, and cultural and racial discrimination. Scholars generally agree that one of the most important goals of the international indigenous movement is to advance indigenous rights under international law. Hence, there have since been several international institutions that seek to address indigenous rights. The Universal Declaration of Human Rights (UDHR) in 1948 is the first international document that recognizes the need to protect indigenous groups, though there are also actors and organizations specializing in the field, such as the Working Group on Indigenous Populations (WGIP). However, the majority of the indigenous rights scholarship only examines the policy on indigenous rights, rather than the broader contexts of indigenous rights or the rise of indigenous rights as a phenomenon. Therefore, if the ultimate political goal of the indigenous rights scholarship is to better the conditions of indigenous peoples, the study of the efficacy of international legal prescription of indigenous rights is imperative. Otherwise, the considerable efforts put forth by both the academic community and the international indigenous movement could only remain symbolic.

Article

Lou M. Beasley

Ralph David Abernathy (1926–1990) was a pastor who became president of the Southern Christian Leadership Conference after the assassination of Martin Luther King. He was director of personnel, dean of men, and professor of social studies at Alabama State University.

Article

Economic, social, and cultural rights (ESCRs) emerged in the twentieth century as the set of “second-generation” rights after civil and political rights (CPRs). ESCRs represent the “equality” phase of human rights after the “liberty” aspect of CPRs. Despite having achieved legal respect and parity with all other CPRs, ESCRs are often perceived as having less legal clarity and required compliance in practice. ESCRs, however, have a substantial doctrine for many rights of progressive development or realization. In addition to progressive development of all the rights in the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), the Economic, Social and Cultural Rights Committee, which explains and monitors that treaty, has established a set of core obligations of states. Despite the problems inherent in the process of monitoring ESCRs, there are three major institutions which review the state of ESCRs in the world today: the United Nations (UN), states parties, and non-governmental organizations (NGOs). Additionally, the general direction of the literature on ESCRs is geared towards implementation and promotion of these rights. However, there is a tendency to examine ESCR violations that have a link to CPRs or to UN peace projects. There have also been various initiatives affecting second- and especially third-generation rights, such as the protection of indigenous peoples.

Article

Micheline Ishay

As a focus of academic inquiry, human rights gained legitimacy only after World War II. While the subject received consistent attention within the field of international law, greater attention from other disciplines became more significant in the mid-1960s. Yet, it was after the Cold War, in the era of globalization, that human rights research became a well-entrenched interdisciplinary field. Even though no encompassing history of human rights was yet to be found in the late twentieth century, many important historical human rights studies had already appeared. Until the Cold War, the study of international relations had been grounded in efforts to integrate political theory and history. As ideological confrontation heightened during the Cold War, history became more descriptive, formalistic, and divorced from political theory, or from any normative or political purpose. With the end of the Cold War, the advance of globalization, the war on terror, and the current meltdown of the global economy, the past 20 years have sent a succession of electric shocks through the nervous system of the international order. The sense of being buffeted by unpredictable events stimulated new efforts to comprehend the direction of history, or, alternatively, to assert its timeless truths. Despite a significant body of enriching historical scholarship, however, it remains the case that both history and historiography have been widely overlooked, not only in the burgeoning human rights academic field, but also in most disciplines within the social sciences.

Article

Sonia Cardenas

The modern state’s role vis-à-vis human rights has always been ambiguous. States are the basic guarantors of human rights protections, just as they can be brutal violators of human rights. This basic tension is rooted in the very notion of statehood, and it pervades much of the literature on human rights. As the central organizing principle in international relations, state sovereignty would seem to be antithetical to human rights. Sovereignty, after all, is ultimately about having the last word; it is virtually synonymous with the principle of territorial non-interference. Meanwhile, humanitarian intervention would at first glance seem to be a contravention of state sovereignty. Yet not all observers interpret human rights pressures as a challenge to state sovereignty. Modern states can be highly adaptive, no less so when confronted with human rights demands. One of the principal, if overlooked, ways in which states have adapted to rising global human rights pressures is by creating new institutions. This is reflected in the formation of national human rights institutions (NHRIs): permanent state bodies created to promote and protect human rights domestically. These state institutions are remarkable due to their rapid and widespread proliferation around the world, the extent to which they sometimes represent a strategy of appeasement but nonetheless can be consequential, and their potential for domesticating international human rights standards.

Article

Equal treatment for members of the lesbian, gay, bisexual, and transgender (LGBT) community has improved at a rapid pace around the world since the gay rights movement first rose up to become a salient global force for change. With important regional exceptions, laws criminalizing same-sex sexual relations have not only come down in multiple countries, but same-sex couples can now also construct families in many advanced industrialized countries. Public acceptance of homosexuality, even in some non-Western countries, has increased dramatically. Yet, within those general trends hides the remarkable unevenness in the spread and adoption of policies fostering legal, social, and economic equality for LGBTQ communities around the world. Policy change toward more equal treatment for sexual minorities is concentrated in the developed world and within the cisgender gay and lesbian communities in particular. The existing literature in policy change shows the importance of transnational activists, changing international norms, and increasing levels of secularization have made this possible. But the effectiveness of these factors rests on an underlying foundation of socioeconomic factors based on economic and social development that characterizes advanced industrialized states. There is an uneven distribution of resources and interests among pro and anti-LGBT activist groups alike, and the differing levels of economic development in which they operate that explains the decidedly uneven nature of how LGBTQ human rights have advanced in the past 50 years. In addition, new political parties and activist organizations have emerged to lead the backlash against LGBTQ rights, showing progress is neither inevitable nor linear. In addition, serious gaps in what we know about LGBT politics remain because of the overwhelming scholarly focus on advanced industrialized states and policies that benefit the cisgender, gay and lesbian middle class in primarily Western societies. The study of LGBT politics in non-Western and developing countries is woefully neglected, for reasons attributed to the nature of the research community and the subject area. In the developed world, greater attention is needed to inequality within the LGBTQ community and issues beyond same-sex marriage. Finally, issues of intersectionality and how different groups within the LGBT community have enjoyed most of the benefits of the gay rights movement since its takeoff more than 50 years ago.

Article

Karen D. Stout

Thurgood Marshall (1908–1993), the first African American U.S. Supreme Court Justice, is credited with ending American apartheid. He fought for the civil and equal rights for ethnic minorities, women's rights, prisoners' rights, and was opposed to the death penalty.

Article

Mark Gibney, Linda Cornett, Peter Haschke, Reed M. Wood, and Daniel Arnon

Although every violation of international human rights law standards is both deplorable and illegal, one of the major advances in the social sciences has been the development of measures of comparative state practice. The oldest of these is the Political Terror Scale (PTS), which provides an ordinal measure of physical integrity violations carried out by governments or those associated with the state. Providing data from the mid-1970s to the present, the PTS scores the human rights practices of more than 190 countries on a scale of 1–5, with 1 representing “best practices” and 5 indicating gross and systematic violations. There are two different sources for these scores: U.S. State Department Country Reports on Human Rights Practices and the Amnesty International Annual Report. Although human rights have traditionally been associated only with the state, individuals can also be denied human rights protection by non-state actors. To measure this, the Societal Violence Scale (SVS) has been created to analyze three sources of physical integrity violations: the individual; corporate or criminal gang activity; and armed groups. As globalization proceeds apace, states have an increased influence on human rights protection in other countries. Unfortunately, human rights data, such as the PTS, analyze only the domestic practices of states. In an effort to better understand the full extent of a state’s human rights performance, the Extraterritorial Obligations (ETO) Report is currently being constructed. The ETO Report will provide an important analysis of state human rights performance when acting outside its own territorial borders.

Article

Intergroup relations and contact between groups has historically been considered a mechanism to promote support for LGBT (lesbian, gay, bisexual, and transgender) rights. However, LGBT identities are often concealable, and stigma discourages members of the LGBT community from disclosing that they are LGBT, which may prevent contact. Some subsets of the LGBT population make up a small percentage of the overall population, which may also decrease the quantity of contact. As such, the process of coming out to friends, relatives, and coworkers has been a common strategy of the modern LGBT movement. The strategy could be effective because the intergroup contact literature has found support for intergroup contact decreasing prejudice in meta-analyses. At the same time, researchers have challenged the assertion that intergroup contact promotes social change because intergroup contact is sometimes negative, or may be impractical or avoided, positive attitudes can coincide with acceptance of inequality, and intergroup contact may have unintended negative side effects. Research has generally found support for the notion that intergroup relations are more positive when there is greater contact. For LGBT people greater contact has been associated with decreasing anti-LGBT prejudice and increasing support for LGBT rights. However, similar to other domains of contact, the influence of LGBT contact is contextually sensitive, and a combination of psychological and structural barriers can decrease or prevent the positive effects of intergroup contact. There are strategies which may overcome these limitations, through policies (e.g., protection against discrimination), promoting types of contact that promote social change as opposed to merely positive attitudes, secondary transfer of contact effects, imagined contact, indirect forms of contact, and positive media representations of LGBT people. Gaps in the literature include a relative lack of research on contact with members of the LGBT community other than gays and lesbians (particularly non-cisgender people), intergroup contact between members of different subsets of the LGBT community, and a need for experimental and/or intervention-based research.

Article

Adrienne Asch and Nancy R. Mudrick

Significant visual impairment affects ~8 million Americans, 1.8 million of whom are blind and must find nonvisual methods of performing life roles. Social workers should not assume that people with visual impairment or blindness are unable to work, have families, or engage in sports or travel, or that vision limitations are necessarily a part of every presenting problem. Key roles for social workers include assisting in access to services and training and advocacy to combat discrimination and exclusion.

Article

Richard Wolff and Karen Dodge

This entry discusses migrant workers in the United States and the unique circumstances and conditions they face. Included in the discussion are social problems faced by migrants with respect to health, housing, working conditions, child labor, and education. Policy issues are addressed, including relevant national, international, and corporate laws. Migrant patterns, demographics, and definitions are presented. Finally, social work programs, responses, and interventions are identified.

Article

The issue of human rights presents a dilemma for the discipline of international relations (IR) in general and the literature on international institutions in particular. Since international human rights institutions are primarily, but not exclusively, concerned with how states treat their own citizens, they seek to empower individual citizens and groups vis-à-vis their own governments. A major concern is whether such institutions make a difference for the protection and promotion of human rights. This concern has spawned a series of research questions and some major lines of enquiry. The study of human rights regimes has developed at the interface between IR and international law, along with the norms and practices of global human rights institutions. In addition, human rights has been institutionalized globally through the United Nations system and the connections between the development over time of international human rights institutions on the one hand, and their relative effectiveness in shaping human rights behavior on the other. The development and impact of international human rights law and policy have also been influenced by regionalism. While the research on human rights regimes has provided important insights into the role of institutions in narrowing the gap between the rhetoric and practice of human rights, there are crucial areas that need further scholarly attention, such as the domestic actors and institutions that act and could potentially act as “compliance constituencies” and conduits of domestic implementation linking international human rights norms to domestic political and legal institutions and actors.

Article

Audrey R. Chapman

The right to health and health services is generally framed as the right to the highest attainable standard of health. Like other human rights, the right to health confers to all people specific entitlements and imposes duties on governments to protect and promote them. It reflects a broadened sense of governmental responsibility for the welfare of its citizens and a more inclusive understanding of human rights. All countries, including the United States, have ratified at least one binding human rights convention that includes a provision on the right to health. The Universal Declaration of Human Rights, adopted by the United Nations more than six decades ago, has given rise to a series of international human rights instruments that legally obligate states to implement their provisions. The two most important of these are the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Despite substantial progress, a number of issues still need to be addressed for the realization of the right to health, such as the lack of political commitment on the part of many states with regard to implementation and the weakness of the international human rights system. Furthermore, many states which have ratified international or regional human rights instruments that recognize a right to health or have relevant constitutional provisions still do not invest the necessary resources or apply human rights standards to the framing of health policies.

Article

To have property rights over X is to have rights to determine, in some respect, what shall happen to X, for example a piece of land. To have territorial rights is to have rights to make, enforce, and adjudicate the law within a geographical area. Property and territorial rights thus seem closely related, and philosophical accounts reveal various interesting connections between these bundles of rights—both in their nature and justification. A significant division, which we find in both old and new accounts—of property as well as territory—originates in the diverging political philosophies of John Locke and Immanuel Kant. Lockean accounts regard property and territorial rights as natural. People may acquire both without the prior existence of an adjudicating political authority. Kantian accounts, however, regard property rights as pure legal conventions. Non-existent outside civil society, they must be fully constructed by a state with territorial (jurisdictional) rights. Further divisions exist within Lockean and Kantian theories, and all the most prominent theories—of property as well as territorial rights—face significant unresolved philosophical challenges.