กระบวนทัศน์ "สิทธิมนุษยชน" และ "ความยุติธรรม" สำหรับสังคม เปลี่ยนผ่าน

Authors

อมรา พงศาพิชญ์

Publication Date

2014-01-01

Abstract

The paper starts with discussion on shift in "human rights" paradigm in terms of concept (contents/issues), methodology involving human rights actors, and the interpretation of the meaning of "justice". After World War II when the Declaration of Human Rights was initiated by the United Nations, the concept has been discussed in three waves. The first wave put emphasis on civil and political rights and the second wave emphasized economic, social, and cultural rights, followed by the third wave which expanded the human rights horizon to cover issues of right to development and human rights impacts on different vulnerable groups such as women, children, people with disability, racial discrimination, migrant workers, etc. It is clear that human rights concept has evolved and expanded. Since civil and political rights focus on the relationship between people and the state, emphasis was put on the role of the state to protect, respect, and fulfill human rights obligations. The states are considered "duty bearers" while their citizen are "rights holders". However, with globalization, private and corporate sector came to be additional players in the human rights field. Thus, non-state actors also have the obligation to respect and fulfil as well as to provide remedy when human rights are violated. Human rights defenders have also been included as addition actors. Furthermore, in transitional society, transcending from authoritarian to democratic society or transcending from conflict situation to peaceful society, the concept of transitional justice has been introduced leading to the debate on whether the concept of transitional justice contradicts the interpretation of "justice" in human rights laws. One sees here, shift in justice paradigm as well. The parallel shifts in human rights and justice paradigms can support each other, provided appropriate sequencing is adopted.

First Page

7

Last Page

20

Recommended Citation

พงศาพิชญ์, อมรา (2014) "กระบวนทัศน์ "สิทธิมนุษยชน" และ "ความยุติธรรม" สำหรับสังคม เปลี่ยนผ่าน," Journal of Social Sciences: Vol. 44: Iss. 2, Article 2.
Available at: https://digital.car.chula.ac.th/cujss/vol44/iss2/2