Nordisk Tidsskrift for Menneskerettigheter Vol. 23 Nr. 1:2005:
English abstracts
Jari Pirjola: Culture, Western Origin and the Universality of Human
Rights
The goal of universal human rights is to create a common set of
rules for all the people in the world community. The task is exceptionally challenging
in view of the diversity that exists in the world. In human rights debate, the
universality of rights has often been contested on the grounds that they are
a product of western culture, and cannot therefore be applied universally. My
argument in this paper is that the culture concept and western origin of human
rights are both in many ways problematic notions in challenging the universality
of human rights. In the context of human rights the very notion of culture can
be called into question. Human rights may have their roots in the European political
and philosophical tradition but they are the result of a process with very different
underlying ideas and tensions.
Keywords: human rights, universality, culture, relativism, western origin, Islam.
Hans Morten Haugen: Retten til helse, med vekt på HIV/AIDS-problematikk
og tilgang til medisiner
The right to health – with a particular emphasis on the
HIV/AIDS pandemic and access to medication: Medical practice and human rights
work are often seen as separate realms. The fear of the courtroom, and the perception
that human rights could not contribute to the development of the medical profession
may explain this view. The growing emphasis on public health and the enormous
challenges raised by the HIV/AIDS pandemic have challenged tradition. The article
describes the recent policies of the UN Committee on Economic, Social and Cultural
Rights, the UN Human Rights Commission, the World Health Organization and UNAIDS.
These forums show growing awareness of the crucial issue of access to medication.
Some human rights challenges and aspects of the national legal response to the
HIV/AIDS pandemic are also presented, with a particular emphasis on South African
constitutional jurisprudence.
Keywords: Right to health, HIV/AIDS, Commission on Human Rights, Committee on Economic, Social and Cultural Rights, South Africa.
Heidi Mork Lomell: Videoovervåking og menneskerettigheter
Video surveillance and human rights: Video surveillance in public
places is marketed as a highly effective tool of crime deterrence and detection,
and is thereby seen as a justifiable interference with the right to respect
for private life for the prevention of disorder or crime. Few have challenged
this assumption legally or empirically. Based on a decision by the European
Court of Human Rights in January 2003, this article discusses the claimed effectiveness
of video surveillance in general, and the disclosure of surveillance images
as a crime prevention measure in particular.
Keywords: Video surveillance, CCTV, human rights, privacy, private life, crime prevention, media
Nils Rosemann: Business Human Rights Obligations – The “Norms
of the Responsibility of Transnational Corporations and Other Business Enterprises
with Regard to Human Rights”
Human rights obligations comprise a hybrid set of moral and legal
duties and a political commitment to achieve an idealistic goal. After five
years work the UN Sub-Commission on the Promotion and Protection of Human Rights
adopted standards addressing States and business’ human rights obligations.
This article discusses the location of these “Norms of the responsibility
of transnational corporations and other business enterprises with regard to
human rights” between existing principles and standards in international
law, human rights protection mechanisms and voluntary initiatives of corporate
social responsibility.
Keywords: Human rights obligations; corporate social responsibilities; human rights protection mechanisms; globalization; international Law