The (Mis)Appropriation of Human Rights by the New Global Right: An Introduction to the Symposium
NYU School of Law, Public Law Research Paper No. 23-32
Boston College Law School Legal Studies Research Paper No. 591
18 Pages Posted: 23 Jan 2023 Last revised: 4 May 2023
Date Written: August 1, 2022
Abstract
The meaning of human rights has always been susceptible to multiple and sometimes conflicting interpretations. Yet something distinct seems to be afoot more recently: an array of efforts at concerted legal change in the human rights field has appeared in in different parts of the world, on the basis of a supposedly “reformed” characterization of human rights, including in Putin’s Russia, Erdogan’s Turkey, Modi’s India, Bolsanaro’s Brazil, and the United States under the former Trump Administration, alongside developments in Uganda, Nigeria, Ghana and elsewhere. We describe these arguments and moves as appropriations - and indeed as misappropriations - when they use human rights language in the service of ends which are exclusionary, repressive or anti-pluralist in character, highly retrogressive or reversing of previous commitments, and evasive of external monitoring or accountability. We argue that by invoking the language, tools and framework of human rights to exclude or repress particular groups and individuals while consolidating authority and avoiding accountability, they misappropriate a human rights system which – despite extensive contestation and critique - has been developed over a long period around certain core values including equal human dignity, inclusion and accountability. The essays in this symposium track a range of these actors and the strategies they are using to reshape the human rights field, examining recent moves towards transnational coordination of nationalist, populist, right-wing and authoritarian movements. The analyses from various jurisdictions around the world focus on attempts to remake and – we argue – reverse a range of progressive achievements of the human rights system around gender, religion, property, culture, and equality.
Keywords: human rights, misappropriation, populism, illiberalism, nationalism, right-wing approaches to human rights, human rights and gender, human rights and religion, human rights and property, human equality, human dignity
JEL Classification: K33, I31
Suggested Citation: Suggested Citation


