Critiques of the human rights framework as the foundation of a human rights-based app- roach to development

During the 1990s, the human rights-based approach (HRBA) emerged as the newest development framework to address increasing global poverty and inequality. Under this approach, development objectives are determined by human rights standards and goals as set out in international treaties, conven- tions, declarations, and authoritative interpretations of rights. Beneficiaries of development programmes also gain legal rights against corresponding duty bearers, which supersedes moral claims for the fulfilment of development goals. Furthermore, human rights principles such as equality and non-discrimination, accountability, participation, empowerment and the indivisibility of rights form the cornerstone of a HRBA. However, the human rights framework, as the foundation for this approach, has come under severe criticism over the past few years. Significant disparities exist between that which is promised in the Universal Declaration of Human Rights and real-world respect for, and protection of human rights. This article aims to explore and analyse the most popular of these criticisms. These include critiques raised against the claimed universality of rights, inherent discriminatory practices, the inability of the framework to take account of practicalities and limitations, and the lack of effective protection and monitoring by United Nation’s bodies. It also explores emerging threats such as, for example, globalisation to the human rights framework. However, the framework has proven to be adaptable to these challenges. Practitioners and scholars are continuously working towards overcoming practicalities that impede the achievement of the protection and realisation of the human rights of all. In addition, the article examines critiques against the normative value of human rights as a product of natural law. However, the international human rights framework has gained widespread acceptance as the highest moral authority, as it is based on respect for human dignity and guaranteeing the freedom of all. The article demonstrates that the use of human rights language in lieu of other terms such as ‘goals’, ‘duties’, ‘interests’, ‘needs’, and ‘claims’ carries several advantages, the most important of which is the creation of rights holders with corresponding duty bearers. It also determines that, despite the numerous critiques examined, the human rights framework offers a solid, and the most accepted, foundation for development programming with a number of benefits

Prioritising socio-economic rights in sovereign debt governance: The obligations of private creditors

Over the past few decades, sovereign debt crises have become recurring phenomena across the world. Studies have shown the devastating impacts of these crises on the realisation of socio-economic rights. Sovereign debtors constantly face an “obligatory dilemma” of simultaneously satisfying multiple contractual and treaty obligations owed to different constituencies, including to their citizens and private creditors. Unfortunately, there is currently no binding legal framework to deal with sovereign debt crises and, consequently, creditors are unwilling to compromise. Therefore, using Waldron’s theory of socio-economic rights, this article argues for the prioritisation of socio-economic rights considerations during debt crises. It observes a convergence between the areas of business and human rights and sovereign debt restructuring regimes and suggests the employment of the former to achieve this prioritisation. This can be done by taking advantage of the efforts to develop a binding instrument on business and human rights

High-Q nested resonator in an actively stabilized optomechanical cavity

Experiments involving micro- and nanomechanical resonators need to be carefully designed to reduce mechanical environmental noise. A small scale on-chip approach is to add an additional resonator to the system as a mechanical low-pass filter. Unfortunately, the inherent low frequency of the low-pass filter causes the system to be easily excited mechanically. Fixating the additional resonator ensures that the resonator itself can not be excited by the environment. This, however, negates the purpose of the low-pass filter. We solve this apparent paradox by applying active feedback to the resonator, thereby minimizing the motion with respect the front mirror of an optomechanical cavity. Not only does this method actively stabilize the cavity length, but it also retains the on-chip vibration isolation.Comment: Minor adjustments mad

Development of a high-sensitivity torsion balance to investigate the thermal Casimir force

We report development of a high-sensitivity torsion balance to measure the thermal Casimir force. Special emphasis is placed on experimental investigations of a possible surface electric force originating from surface patch potentials that have been recently noticed by several experimental groups. By gaining a proper understanding of the actual contribution of the surface electric force in real materials, we aim to undertake precision force measurements to resolve the Casimir force at finite temperature in real metals, as well as in other semiconducting materials, such as graphene.Comment: Proceedings of the 10th International Conference "Quantum Field Theory Under the Influence of External Conditions"; 11 pages and 4 figure