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The working title of his PHD project is Democracy besides Elections: An Exploration into the Development and Causes of Respect for Civil Liberties in Latin American and Post-Communist Countries. The dissertation addresses the extent of civil liberty (freedom of: opinion and expression, assembly and association, religion, movement and residence as well as independent courts) in 20 Latin American and 28 post-communist countries. Apart from tracking the development of respect for civil liberties from the late 1970's till 2003, it also attempts to explain the present level of respect by examining different structural explanations, such as historical experience with liberty, ethno-religious composition, modernization and natural resources (primarily oil).

Skaaning has constructed his own dataset and index on civil liberties based on coding of the State Department's Country Reports on Human Rights Practices from 1977 to 2003, which he uses in his descriptive analysis of the development and as the dependent variable in the subsequent causal assessment. In this stage of the research, he both undertakes intraregional analyses, utilizing the fuzzy-set method and OLS-regression, and interregional comparisons.

Skaaning received his B.A. (2000) and M.A. (2003) in Political Science from the University of Aarhus, Denmark, where he is also a PHD scholar in the final year. Parts of his MA degree were completed at Ruprecht-Karls-Universität (Heidelberg) and Freie Universität (Berlin).

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The working title of his PHD project is Democracy besides Elections: An Exploration into the Development and Causes of Respect for Civil Liberties in Latin American and Post-Communist Countries. The dissertation addresses the extent of civil liberty (freedom of: opinion and expression, assembly and association, religion, movement and residence as well as independent courts) in 20 Latin American and 28 post-communist countries. Apart from tracking the development of respect for civil liberties from the late 1970's till 2003, it also attempts to explain the present level of respect by examining different structural explanations, such as historical experience with liberty, ethno-religious composition, modernization and natural resources (primarily oil).

Skaaning has constructed his own dataset and index on civil liberties based on coding of the State Department's Country Reports on Human Rights Practices from 1977 to 2003, which he uses in his descriptive analysis of the development and as the dependent variable in the subsequent causal assessment. In this stage of the research, he both undertakes intraregional analyses, utilizing the fuzzy-set method and OLS-regression, and

interregional comparisons.

Skaaning received his B.A. (2000) and M.A. (2003) in Political Science from the University of Aarhus, Denmark, where he is also a PHD scholar in the final year. Parts of his MA degree were completed at Ruprecht-Karls-Universität (Heidelberg) and Freie Universität (Berlin).

Svend-Erik Skaaning Speaker CDDRL/Univ of Aarhus, Denmark
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In order to facilitate a subsequent operationalization of civil liberty, the paper attempts to define and ground civil liberty on the basis of liberal political philosophy/theory as this tradition provides fruitful conceptual distinctions and specifications and offers some interesting motivations for taking civil liberties into deeper consideration. Different clusters of perspectives are found in the literature and one these is identified as key to understand the character of civil liberty and the relationship between civil liberty and democracy. Thereafter, to specify was is plausibly meant by civil liberties, I introduce three historically significant forms of rights codifications, that is, agreements about rights put down in peace treatises on the background of religious wars between Catholics and Protestants; national declarations and constitutional provisions connected to the revolutions in the seventeenth century England and the late eighteenth century USA and France; and international conventions on human rights. As one cannot settle the question of the plausibility of civil liberties just by reference to their legal recognition, I turn to some of the justifications offered by liberal philosophers that are briefly confronted with some general critiques.

The paper concludes that there are good reasons to respect civil liberties and to narrow the focus to (modern, negative) liberal freedom understood as absence of state interference in certain personal exertion rights. On this background, five rights are selected to constitute the core of a civil liberty measure: freedom of opinion and expression; freedom of assembly and association; freedom of thought, conscience and religion; freedom of movement and residence; freedom of recourse to independent courts.

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Svend-Erik Skaaning
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Comparative educational research has influenced the development of the world society perspective as surely as the world society perspective has shaped research directions in comparative education. Rooted in neoinstitutional ideas emphasizing the extent to which actors and activities are profoundly constructed and influenced by their environments, the world society perspective imagines world models or blueprints of progress and justice that give rise to and increasingly standardize nation-states,

organizations, and individuals. The role of education and educationally certified professionals in the overall process of standardization is a core premise in this perspective and a recurring feature of comparative educational research motivated by this perspective. The universalistic character of these models and the formal rationality associated with them facilitates standardization, in aspiration and policy, if not always in practice. Simply put, what all of this means is that we increasingly live in a world in

which there are shared standards about who is a person, what constitutes an organization, and what does a nation-state look like. Furthermore, there is a sense that those entities not in the know can learn to become and act like proper nation-states, organizations, and individuals. How else can one explain the proliferation of expertise roaming the world with the latest word on learning to learn, benchmarking, accountability, transparency, democracy, civil society and other virtues de jour!

Much of the empirical research which situated the world society perspective on the comparative education map is well known and has been summarized elsewhere. Suffice it to say that the two global trends that serve as corner stones of the world society research edifice are the enormous expansion of educational enrollments at all levels and the expanded scope of the aims and uses of education and the plethora of educational organizations that embody and elaborate these purposes. Ours is truly a world certificational society. There are of course alternative ways of accounting for the rise and impact of the world certification society. And, these in turn have raised critiques of the world society perspective, critiques often centering on issues of agency and power. These critiques are not without merit, but unfortunately, they often lead to exaggerated and culture free understandings of agency and to oversimplified notions of power cum coercion which underestimate the authority and influence of world cultural models.

In this paper I first briefly reiterate some of the main ideas of the world society perspective and explore its roots in neo-institutional theories. Next, I identify a direction of future theorizing and research which both challenges and extends the world society perspective and comparative education research. I first propose to distinguish between institutionalized domains and contested terrains. A clearer understanding of the former is enhanced by the explicit recognition of the latter. Thirdly, I apply this distinction to the question of the role of education in the political incorporation process. The transformation of the masses into citizens via mass schooling is an established theme in comparative political sociology, which has strongly influenced key strands of world society driven research. Here I emphasize a second distinction, one between earlier issues of exclusion versus inclusion and current issues regarding the terms of

inclusion. Lastly, I reflect on the changing character of the polity to which one is offered membership in the education based incorporation process. Much of the literature continues to privilege the nation-state and national citizenship. But there is also an emerging literature on human rights and even human rights education. So, I conclude by distinguishing between national citizenship and world or transnational citizenship.

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Alex Thier
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J Alexander Thier writes about the controversial case of Abdul Rahman, the 41-year-old Afghan who was facing the death penalty for converting from Islam to Christianity.

Divorce proceedings bring out the worst in people. When Abdul Rahman tried to get custody of his daughters in Kabul, Afghanistan, his wife's family told the court that he was unfit to care for his children because he had converted from Islam to Christianity some 16 years ago. A zealous prosecutor, hearing of the case, charged Mr. Rahman with apostasy, a crime punishable by death under some interpretations of Islamic law. If Mr. Rahman does not repudiate Christianity, the judge in the case has said, he will get the death penalty.

Mr. Rahman's case is a discouraging illustration of the uneasy balance between the democratic norms Afghanistan's Constitution enshrines and the conservative Islamic values its judiciary upholds. On the one hand, the Afghan Constitution states that "followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of the law," and it requires the state to adhere to the Universal Declaration of Human Rights, which clearly protects freedom of conscience and the right to change one's religion.

On the other hand, the Constitution also says that no law can be "contrary to the beliefs and provisions of Islam," and it gives judges broad power to interpret and apply Islamic law. Several schools of Islam do indeed prescribe the ultimate punishment for those who abandon the faith. And so Mr. Rahman's case may well come down to the interpretive leanings of the court.

Moderate Islamic jurists in some countries have attempted to balance or reconcile these often-conflicting interests. In Egypt, for instance, the Islamic Research Center decreed that although apostasy may be a crime, the time period for redemption is limitless - in other words, it is up to the individual, not the state, to adhere to divine will. The former chief justice of Pakistan, which has explicit anti-blasphemy laws, has written that the death penalty for apostasy is not required by the Koran and conflicts with other Islamic values.

Afghanistan's post-Taliban judiciary, however, has shown a propensity to use Islam as a political weapon. The country's chief justice, Fazil Hadi Shinwari, is a hard-line conservative associated with the Islamist parties of Abdul Rasul Sayyaf and Burhanuddin Rabbani. He has used the court as a bully-pulpit, issuing fatwas on a variety of issues outside his jurisdiction.

For instance, under Justice Shinwari's leadership the Supreme Court has variously attempted to ban co-education; tried to eliminate a rival to President Hamid Karzai from the 2004 elections; and jailed newspaper editors, all in the name of Islam.

In other words, the court has overstepped its bounds and contributed to the radicalization of Afghan politics in the process. To further his aims, Justice Shinwari has packed the lower courts with judges who have Islamic educations but no foundation in Afghan law or experience in the judiciary.

President Karzai has a unique opportunity to change this. Under the Constitution, Mr. Karzai must appoint a new Supreme Court this month, and he sent his slate of nine justices to Parliament for approval last week. Although the current chief justice has retained his position, there are some very promising choices among the eight other justices. They include known moderates, like the former chairman of the Judicial Reform Commission, Bahauddin Baha, and the deputy minister of justice, Qasim Hashimzai, who led a major corruption investigation involving members of President Karzai's cabinet.

These appointments mark President Karzai's first opportunity to compose Afghanistan's Supreme Court under a fully constitutional government. They are of momentous importance to the country's stabilization and the consolidation of its nascent democracy.

By creating a competent, professional and moderate judiciary, President Karzai will help to establish the rule of law. If, however, the court remains in the thrall of ideology and factionalism, Afghanistan's experiment in democracy will be compromised.

But the new judges will be powerless to reform the system unless they are given the political support and resources to do so. International involvement in Afghanistan's justice sector since 2001 has been inadequate. Both the Afghan government and its donors need a strategic vision for the judiciary's future and the political focus to make it a reality.

The new judiciary will need support to review the qualifications of the lower court judges, facilities to train new judges and functioning courthouses in the provinces. It will need to be able to share information, laws and legal decisions among officials throughout the country and to pay judges a living wage.

We must do more than simply react loudly to the most extreme cases, like that of Mr. Rahman. Instead, we must partner with the Afghans and other democratic governments in the Islamic world as they struggle to promote modernity and the rule of law. This means working with judicial systems on less controversial, bread-and-butter issues like criminal law and property disputes.

We have seen throughout the world, and in our own history, that competent and independent judges will stand up for the rule of law even when their decisions indict the powerful and defend the unpopular. Mr. Rahman's case should remind us of how important it is to help Afghanistan develop such judges if we want its democracy to succeed.

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The article reports that by definition Iraq is in the midst of a civil war and has been ever since the first year of the "post-war" era in 2003. Since the United Iraqi Alliance took control of the government in 2005, there has been an increase in deaths and disappearances of Iraqi Sunnis. Signs of civil war include a hollow state, political polarization, inflammatory rhetoric, irreconcilable demands, and human rights violations.

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The New Republic
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Larry Diamond
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In a world of rivalrous states whose peoples are connected ever more directly by globalization, Thomas Nagel has forcefully reasserted a classical thesis of early modern political thought: outside the state, Nagel argues, there is no justice. 1From this it follows, given the absence of a global state, that there can be no global justice.

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Joshua Cohen
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Now, the Russian government's s retreat from democracy, as well as its actions to undermine human rights protections have become regular topics in Washington, therefore our topic could not be more timely. What we would like to discuss today is how the U.S. government should respond to those challenges in Russia.

As many of you know Russia has been a consistent concern to the commission, not so much because of the severity of its religious freedom violations but also due to its fragile human rights situation, including that of religious freedom. And trends of the past few years raise serious questions about Russia's commitment to democratic reform and the protection of religious freedom.

After a commission visit to Russia in 2003, we expressed strong concern that the Russian government was retreating from democratic reform endangering the significant human rights gains achieved in the dozen years since the collapse of the Soviet Union. In addition, Russia serves as a model for other countries of the former Soviet Union and other nations emerging from dictatorship.

...

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U.S. Commission on International Religious Freedom
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Michael A. McFaul
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Thomas Carothers is a leading authority on democracy promotion and democratization worldwide as well as an expert on U.S. foreign policy generally. He is the founder and director of the Democracy and Rule of Law Project which analyzes the state of democracy in the world and the efforts by the United States and other countries to promote democracy. In addition, he has broad experience in matters dealing with human rights, international law, foreign aid, rule of law, and civil society development. He is the author or editor of six critically acclaimed books on democracy promotion as well as many articles in prominent journals and newspapers. He is adjunct professor at the Central European University in Budapest and serves on the board of various organizations devoted to democracy promotion.Prior to joining the Endowment, Carothers practiced international and financial law at Arnold & Porter and served as an attorney-adviser in the Office of the Legal Adviser of the U.S. Department of State.

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Thomas Carothers Director, Democracy and Rule of Law Project Speaker Carnegie Endowment for International Peace, Washington, DC
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Pre-doctoral Fellow 2005 - 2006

The working title of his PHD project is Democracy besides Elections: An Exploration into the Development and Causes of Respect for Civil Liberties in Latin American and Post-Communist Countries. The dissertation addresses the extent of civil liberty (freedom of: opinion and expression, assembly and association, religion, movement and residence as well as independent courts) in 20 Latin American and 28 post-communist countries. Apart from tracking the development of respect for civil liberties from the late 1970's till 2003, it also attempts to explain the present level of respect by examining different structural explanations, such as historical experience with liberty, ethno-religious composition, modernization and natural resources (primarily oil).

Skaaning has constructed his own dataset and index on civil liberties based on coding of the State Department's Country Reports on Human Rights Practices from 1977 to 2003, which he uses in his descriptive analysis of the development and as the dependent variable in the subsequent causal assessment. In this stage of the research, he both undertakes intraregional analyses, utilizing the fuzzy-set method and OLS-regression, and

interregional comparisons.

Skaaning received his B.A. (2000) and M.A. (2003) in Political Science from the University of Aarhus, Denmark, where he is also a PHD scholar in the final year. Parts of his MA degree were completed at Ruprecht-Karls-Universität (Heidelberg) and Freie Universität (Berlin).

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Universal Human Rights brings new clarity to the important and highly contested concept universal human rights. The Charter of the United Nations commits nearly all nations of the world to promote, to realize and take action to achieve human rights and fundamental freedoms for all, yet this formal consensus masks an underlying confusion about the philosophical basis and practical implications of rights in a world made up of radically different national communities. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. Rights protect the benefits of cultural diversity, while recognizing the universal dignity that every human life deserves. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an otherwise divided world.

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Rowman & Littlefield Publishers, Inc. in "Universal Human Rights: Moral Order in a Divided World"
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