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Understanding Economic and Social Rights and American Exceptionalism: A New Conceptual Framework

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Abstract:

Many human rights scholars and advocates have criticized the American rejection of economic and social rights within both foreign and domestic policy. Not only does this rejection undermine one of the core principles of international human rights-that all human rights are indivisible, interdependent, and interrelated, regardless of their separation into distinct treaties-it also raises a significant question about how American policy understands the concepts and objectives of universal human rights. While many of these critiques of American human rights policy have extensively described the depth of the lack of American commitment to the protection, promotion and fulfillment of all human rights, few if any have attempted to understand the historical and normative basis for this form of American exceptionalism. U.S. human rights policy changed dramatically from its initial commitment to the Universal Declaration of Human Rights-which included a number of what would later be dubbed economic and social rights-to its later support for the division of human rights into the two major human rights treaties. Most historical scholarship attributes this shift in attitude as a reflection of Cold War politics. Contemporary, post-Cold War reflections on the American rejection of economic and social rights focus on the rise of conservatism within U.S. domestic politics-a twenty-year shift away from welfare-statism to a greater ideological commitment to the minimalist state and free market economic policy. Thus, U.S. human rights policy is a reflection of this domestic consensus. For the U.S., human rights only include a limited catalogue of basic civil and political rights. Most policy prescriptions aimed at bringing the U.S. into line with its major allies and economic partners (most of whom accept the concept of indivisibility and a more robust interpretation of what human rights mean) suggest that the U.S. need simply to play the game,-especially when it comes to ratification of the International Covenant on Economic, Social and Cultural Rights, the Women's Convention, and the Convention on the Rights of the Child. But experience and history demonstrate that American domestic policy has often had a strong commitment to many of the principles found within the ICESCR, suggesting that the problem may not be the object of human rights, but rather tied to unsettled disputes over implementation. If this is so, what actually sits at the heart of U.S. human rights exceptionalism has more to do with those institutions though which human rights gain their meaning-namely the state and civil society (including the market)-rather than the character or quality of the rights themselves. To explore this possibility, this paper will examine the theoretical and philosophical assumptions of American policy when it comes to human rights in general, and economic and social rights in particular. Through this case, this paper will attempt to underscore a significant yet often overlooked problem surrounding international human rights-namely whether the lists of rights catalogued within the main human rights instruments say more about the character of the ideal liberal democratic state and its obligations, rather than the importance of certain specific rights. In doing so, it will suggest a re-conceptualization of U.S. human rights policy consistent with American practice and the ideals of democratic liberalism.

Most Common Document Word Stems:

right (255), social (114), econom (109), human (104), state (85), would (53), unit (52), u.s (51), declar (43), intern (35), american (35), treati (34), coven (34), nation (29), articl (27), new (27), roosevelt (26), freedom (25), time (25), civil (25), polit (24),

Author's Keywords:

Universal Declaration of Human Rights; economic and social rights; United States; foreign policy; state; civil society; market; welfare; Franklin Roosevelt; American Bar Association; Jimmy Carter
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Whelan, Daniel. "Understanding Economic and Social Rights and American Exceptionalism: A New Conceptual Framework" Paper presented at the annual meeting of the International Studies Association, Hilton Hawaiian Village, Honolulu, Hawaii, Mar 05, 2005 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p69743_index.html>

APA Citation:

Whelan, D. J. , 2005-03-05 "Understanding Economic and Social Rights and American Exceptionalism: A New Conceptual Framework" Paper presented at the annual meeting of the International Studies Association, Hilton Hawaiian Village, Honolulu, Hawaii Online <.PDF>. 2009-05-25 from http://www.allacademic.com/meta/p69743_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Many human rights scholars and advocates have criticized the American rejection of economic and social rights within both foreign and domestic policy. Not only does this rejection undermine one of the core principles of international human rights-that all human rights are indivisible, interdependent, and interrelated, regardless of their separation into distinct treaties-it also raises a significant question about how American policy understands the concepts and objectives of universal human rights. While many of these critiques of American human rights policy have extensively described the depth of the lack of American commitment to the protection, promotion and fulfillment of all human rights, few if any have attempted to understand the historical and normative basis for this form of American exceptionalism. U.S. human rights policy changed dramatically from its initial commitment to the Universal Declaration of Human Rights-which included a number of what would later be dubbed economic and social rights-to its later support for the division of human rights into the two major human rights treaties. Most historical scholarship attributes this shift in attitude as a reflection of Cold War politics. Contemporary, post-Cold War reflections on the American rejection of economic and social rights focus on the rise of conservatism within U.S. domestic politics-a twenty-year shift away from welfare-statism to a greater ideological commitment to the minimalist state and free market economic policy. Thus, U.S. human rights policy is a reflection of this domestic consensus. For the U.S., human rights only include a limited catalogue of basic civil and political rights. Most policy prescriptions aimed at bringing the U.S. into line with its major allies and economic partners (most of whom accept the concept of indivisibility and a more robust interpretation of what human rights mean) suggest that the U.S. need simply to play the game,-especially when it comes to ratification of the International Covenant on Economic, Social and Cultural Rights, the Women's Convention, and the Convention on the Rights of the Child. But experience and history demonstrate that American domestic policy has often had a strong commitment to many of the principles found within the ICESCR, suggesting that the problem may not be the object of human rights, but rather tied to unsettled disputes over implementation. If this is so, what actually sits at the heart of U.S. human rights exceptionalism has more to do with those institutions though which human rights gain their meaning-namely the state and civil society (including the market)-rather than the character or quality of the rights themselves. To explore this possibility, this paper will examine the theoretical and philosophical assumptions of American policy when it comes to human rights in general, and economic and social rights in particular. Through this case, this paper will attempt to underscore a significant yet often overlooked problem surrounding international human rights-namely whether the lists of rights catalogued within the main human rights instruments say more about the character of the ideal liberal democratic state and its obligations, rather than the importance of certain specific rights. In doing so, it will suggest a re-conceptualization of U.S. human rights policy consistent with American practice and the ideals of democratic liberalism.

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Document Type: .pdf
Page count: 17
Word count: 9015
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The United States and Economic and Social Rights: Past Present...and Future? By Daniel J. Whelan Ph.D. Candidate Graduate School of International Studies University of Denver Presented at the 2005 International Studies Association Convention Honolulu Hawaii March 5 2005 Contact Information: Web: http://www.du.edu/~dwhelan E-mail: dwhelan@du.edu This paper is a draft. Please do not use or quote in part or in whole without the express permission of the author. The Economic and Social "Rights" Conundrum There is probably no other topic
by Governments to the United Nations as to Draft Covenant and Declaration for Human Rights." American Bar Association Journal 34: 475-478. Sohn Louis B. (1948). "U.S. Proposals to the United Nations as to an International Bill of Rights." American Bar Association Journal 33: 282-284. Stark Barbara (2000). U.S. Ratification of the Other Half of the International Bill of Rights. The United States and Human Rights: Looking Inward and Outward. D. Forsythe. Lincoln NE University of Nebraska Press: 75-93. Sunstein


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