The Uses and Misuses of Human Rights This page intentionally left blank The Uses and Misuses of Human Rights A Critical Approach to Advocacy Edited by George Andreopoulos and Zehra F. Kabasakal Arat the uses and misuses of human rights Copyright © George Andreopoulos and Zehra F. Kabasakal Arat, 2014. Softcover reprint of the hardcover 1st edition 2014 978-1-137-40833-4 All rights reserved. First published in 2014 by PALGRAVE MACMILLAN® in the United States—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe, and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-48832-2 I SBN 978-1-137-40834-1 (eBook) DOI 10.1057/9781137408341 Library of Congress Cataloging-in-Publication Data The uses and misuses of human rights : a critical approach to advocacy / edited by G e org e Andreopoulos and Zehra F. Kabasakal Arat. pages cm ISBN 978-1-349-48832-2 1. Human rights advocacy. 2. Human rights. I. Andreopoulos, George J. II. Kabasakal Arat, Zehra F. JC571.U83 2014 323—dc23 2014035723 A catalogue record of the book is available from the British Library. Design by Amnet. First edition: November 2014 10 9 8 7 6 5 4 3 2 1 To Peter Juviler Our dear mentor, colleague, and friend This page intentionally left blank Contents List of Figures ix Acknowledgments xi 1 On the Uses and Misuses of Human Rights: A Critical Approach to Advocacy 1 George Andreopoulos and Zehra F. Kabasakal Arat 2 “Gay Rights Are Human Rights”: The Framing of New Interpretations of International Human Rights Norms 29 Ronald Holzhacker 3 The Politics of a Strange Right: Consultation, Mining, and Indigenous Mobilization in Latin America 65 Amanda M. Fulmer 4 The Price of Confrontation: International Retributive Justice and the Struggle for Haitian-Dominican Rights 89 Samuel Martinez 5 The Human Rights Framing of Maternal Health: A Strategy for Politicization or a Path to Genuine Empowerment? 117 Candace Johnson and Surma Das 6 Arms Transfers and the Human Rights Agenda 147 Susan Waltz 7 Transitional Justice and Injustice: The Uses and Misuses of the Liberal Peace 173 Cyanne E. Loyle and Christian Davenport 8 Constituencies of Compassion: The Politics of Human Rights and Consumerism 195 Joel R. Pruce List of Contributors 217 Index 221 This page intentionally left blank List of Figures Figure 1.1 A matrix of the uses and misuses of human rights in terms of outcomes. 14 Figure 7.1 Trial implementation by state violence and civil liberties. 186 Figure 7.2 Trial implementation by state violence and political openness. 188 Figure 7.3 Truth commission implementation by state violence and civil liberties. 188 Figure 7.4 Truth commission implementation by state violence and political openness. 189