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Roland Pierik

Maastricht University, Faculty of Law, Faculty Member

University of Amsterdam, Law, Faculty Member

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Professor of Philosophy of Law and chair of the Department of Foundations and methods of Law in the Faculty of Law of Maastricht University.
Supervisors: Will Kymlicka and Huib de Jong
Phone: ++ 31 (0)43 3883097
Address: Faculty of Law, Maastricht University

visiting address:
Bouillonstraat 1-3
6211 LH Maastricht

Postal address:
Maastricht University
Faculty of Law
Department of Foundations and Methods of Law
P.O. Box 616
NL-6200 MD Maastricht

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Books by Roland Pierik

Cosmopolitanism in context: an introduction

Cosmopolitanism in context: perspectives from international law and political theory, 2010

This book deals with the strained relationship between cosmopolitanism as a moral standard and th... more This book deals with the strained relationship between cosmopolitanism as a moral standard and the real existing institutions in which cosmopolitan ideals are to be implemented. Cosmopolitanism is an age-old normative ideal which contends that all kosmopolitês, all citizens of the world, share a membership in one single community, the cosmopolis, which is governed by a universal and egalitarian law.

Cosmopolitanism in Context: Perspectives from International Law and Political Theory

by Roland Pierik and simon caney

Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a mo... more Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into eff ective global institutions? Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the eff ects of such bureaucratization of cosmopolitan ideals? Th is book examines the strained relationship between cosmopolitanism as a moral standard and the legal institutions in which cosmopolitan norms and principles are to be implemented. Five areas of global concern are analyzed: environmental protection; economic regulation; peace and security; the fight against international crimes; and migration.

Papers by Roland Pierik

Do nation states share a responsibility to secure the necessary conditions for a dignified existence?

The Human Right to a Dignified Existence in an International Context, 2019

This chapter analyses whether nation states have a shared responsibility in international law to ... more This chapter analyses whether nation states have a shared responsibility in international law to secure the necessary conditions for a dignified existence of all human beings. Even though the concept of responsibility is well established in international law, it is primarily discussed in the context of independent state responsibility. Can international law also make sense of the concept of shared responsibility of multiple states for their contribution to a single harmful outcome? This idea of shared responsibility has become increasingly important in our era of globalisation and increased collaboration between states. The first part analyses the concept of shared responsibility in international law, employing deontological arguments on the relation between agency and responsibility. The second part investigates whether multiple states can have a shared responsibility in international law for securing the necessary conditions for people to have their human right to live a dignified...

Het EHRM en het Europese rechtsstatelijk deficit: een analyse van de Lautsi-zaak

De discussie over het EHRM is een nieuwe ronde in een aloud debat over de spanning tussen de wil ... more De discussie over het EHRM is een nieuwe ronde in een aloud debat over de spanning tussen de wil van de democratische meerderheid en de constitutionele bescherming van minderheids rechten. Thomas Spijkerboer pleitte er in dit blad voor om onder ogen te zien dat de in het EVRM neergelegde normen zonder (internationaal) rechterlijk toezicht vaak het onderspit zullen delven en dat het zinvoller zou zijn om het debat over concrete arresten van het Hof aan te gaan. Die handschoen wordt hier opgenomen met een analyse van het Lautsi-arrest dat vaak wordt aangehaald als een van de voorbeelden waar het Hof zijn bevoegdheden ver voorbijging.

Introducing Routine Varicella Vaccination? Not so Fast!

The American Journal of Bioethics, 2020

Malm and Navin (2020) argue against immunization policies that discourage routine childhood varic... more

On religious and secular exemptions: A case study of childhood vaccination waivers

Ethnicities, 2017

This paper analyses exemptions to general law through the prism of vaccine waivers in the United ... more This paper analyses exemptions to general law through the prism of vaccine waivers in the United States. All US states legally require the vaccination of children prior to school or daycare entry; however, this obligation is accompanied with a system of medical, religious, and/or philosophical exemptions. Nonmedical exemptions became subject of discussion after the 2015 Disneyland measles outbreak in California, which unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates in Western societies, resulting in the reoccurrence of measles outbreaks. This can be traced back to an increasing public questioning of vaccines by a growing anti-vaccination movement. In reaction to the outbreak and the public outrage it generated, several states proposed—and some already passed—bills to eliminate nonmedical exemptions. I analyze two questions. First, can legal exemptions from mandatory childhood vaccination schemes for p...

Mandatory Vaccination: An Unqualified Defence

Journal of Applied Philosophy, 2016

The 2015 Disneyland outbreak of measles in the US unequivocally brought to light what had been br... more The 2015 Disneyland outbreak of measles in the US unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates resulting in a rising number of outbreaks. This can be traced back to an increasing public questioning of vaccines by an emerging anti-vaccination movement. This article argues that, in the face of diminishing vaccination rates, childhood vaccinations should not be seen as part of the domain of parental choice but, instead, as a non-negotiable legal obligation. The first part of the article formulates and defends two arguments in favour of unqualified mandatory childhood vaccination laws. First, government should not permit parents to put their children at avoidable risk of death and suffering; second, government should guard the common good of herd immunity to protect vulnerable persons. The second part rejects legal and pragmatic objections against such mandatory vaccination laws.

State Neutrality and the Limits of Religious Symbolism

The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom, 2012

* I would like to thank Wibren van der Burg for the collaboration on a related research project o... more * I would like to thank Wibren van der Burg for the collaboration on a related research project on state neutrality. This paper could not have been written without the knowledge and insights I gained from this collaboration. 1 Lautsi and Others v. Italy, 18 March 2011, European Court of Human Rights (GC), No. 30814/06 (referred to as the Grand Chamber decision or Lautsi II). 2 Charles Taylor, 'The Meaning of Secularism' , The Hedgehog Review (2010), p. 23. 3 Rajeev Bhargava, 'What is Secularism for?' , in Rajeev Bhargava (ed.), Secularism and its Critics (Delhi: Oxford University Press, 1998), pp. 493-494. 4 It should be noted that the Catholic crucifix-a more or less detailed representation of the crucified Jesus-is a much more pronounced symbol than the more abstract simple cross as it is commonly used by Protestants.

The Return of the Measles to the Low Countries: A Legal-Philosophical Exploration

Netherlands Journal of Legal Philosophy, 2014

The introduction of vaccines against infectious diseases has been one of the most important contr... more The introduction of vaccines against infectious diseases has been one of the most important contributions to public health of the last century. Diseases like smallpox, polio, measles, mumps, whooping cough, and rubella were far and away the major killers of human beings until the beginning of the twentieth century. Nowadays, these diseases have been dramatically reduced or even eliminated, as a result of large-scale vaccination programs. A very large majority of parents voluntarily enrol their children because they are convinced by the beneficial effects of vaccination. At the same time, since the introduction of these programs certain groups of parents have persistently refused to vaccinate their children. Until recently, non-vaccination in the Netherlands was mainly confined to 'pietistic reformed' protestant communities (bevindelijk gereformeerden) in the Bible Belt. However, in the last two decades, a broader anti-vaccination movement has emerged. This is a multifaceted movement, including anthroposophists, homeopaths and adherents of 'natural' and 'alternative healing.' They question the self-evidence with which government provides and promotes large-scale vaccination programs. Some argue that diseases such as measles could-in the case of otherwise healthy children-contribute to mental growth and to immunity building. This, so they argue, provides someone with greater resilience against diseases like cancer and allergies later in life. Others emphasise the negative effects of vaccines, because, so they argue, they contain dangerous toxic chemicals and overwhelm the immune system of young children. The most famous example of such a backlash against vaccination programs is the MMR-vaccine causes autism-controversy a decade ago, in the wake of the publication of Andrew Wakefield's notorious 1998 paper in The Lancet. 1 By now, the claim is debunked, the paper is retracted, and the author is stripped of his medical license and academic reputation. 2 Still, the suggested vaccine-autism link remains 'the most damaging medical hoax of the last 100 years.' 3 The claim was widely reported in the media and went viral on anti-vaccination websites. It resulted in a sharp drop in the vaccination rates in the UK and Ireland, followed by an significantly increased incidence of measles and mumps, and ending in severe

Do We Have a Negative Duty Towards the Global Poor? Thomas Pogge on Global Justice

Spheres of Global Justice, 2013

Towards a Right to Cultural Identity? A review Essay

J Public Econ, 2003

General rights Copyright and moral rights for the publications made accessible in the public port... more General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.

What Is Neutrality?

by Roland Pierik and Wibren van der Burg

Ratio Juris, 2014

This paper reinvestigates the question of liberal neutrality. We contend that current liberal dis... more This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated – if not hijacked – by one particular interpretation of what neutrality could imply; namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will firstly elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Secondly, we will argue that inclusive proportional neutrality is the most appropriate interpretation in many contexts. Our elaboration highlights that some political disputes should not be seen in terms of the antithesis between liberal neutrality and illiberal alternatives but, instead, as a clash between various valid but incompatible interpretations of what liberal neutrality may imply.

John Rawls: de filosoof van de liberaal-democratische verzorgingsstaat

Item does not contain fulltext6 p

Shared Responsibility in International Law: A Normative-Philosophical Analysis

SSRN Electronic Journal, 2013

Human Rights and the Regulation of Transnational Clinical Trials

Political Studies, 2014

One of the more worrying trends in globalization today is the growing practice of Western compani... more One of the more worrying trends in globalization today is the growing practice of Western companies relocating clinical trials to impoverished countries. This article begins by providing a comprehensive description of the practice and its current regulatory oversight. It is argued that this regulatory scheme is insufficient for protecting the interests of test subjects in such relocated trials. The article then suggests an alternative scheme, embedded in the general framework of human rights protections, and develops the contours of such a human-rights-based regulatory scheme. It concludes by arguing why this alternative regulatory framework does a better job of protecting the interests of test subjects than those regulatory schemes currently available: the Declaration of Helsinki and the statement of Good Clinical Practice.

Een verdediging van het multiculturalisme vanuit een liberaal-egalitair perspectief

Nederlands tijdschrift voor Rechtsfilosofie & Rechtstheorie, 2002

Twee onderwerpen domineren op dit moment het Anglo-Amerikaanse politiek-filosofische debat: het m... more Twee onderwerpen domineren op dit moment het Anglo-Amerikaanse politiek-filosofische debat: het multiculturele karakter van westerse samenlevingen en de sociaal-economische ongelijkheid binnen die samenlevingen. Het eerste onderwerp wordt voornamelijk bediscussieerd binnen het multiculturalisme dat sinds 1995 sterk in de belangstelling staat; het tweede binnen het liberaal-egalitarisme, een stroming die al sinds de publicatie van A Theory of Justice (1971) van John Rawls een dominante rol vervult. De relatie tussen het ...

Culturele verschillen binnen de liberaal-democratische rechtsstaat

Migranten-studies, 2003

Na een gestage opkomst van het multiculturalisme sinds 1990 is het begrip in het nieuwe millenniu... more Na een gestage opkomst van het multiculturalisme sinds 1990 is het begrip in het nieuwe millennium in opspraak geraakt. Paul Scheffer gooide begin 2000 de knuppel in het hoenderhok met zijn betoog over het multiculturele drama (2000). De aanslagen van 11 september maakten 'de islam'de grote vijand van het 'vrije westen'en moslims in het algemeen verdacht; de opkomst van Pim Fortuyn en de doorbraak van de 'nieuwe politiek'hebben ervoor gezorgd dat het multiculturalisme binnen de Nederlandse politiek ...

The Neutral State and the Mandatory Crucifix

Religion & Human Rights, 2011

In this article we present a conceptual overview of relevant interpretations of what state neutra... more In this article we present a conceptual overview of relevant interpretations of what state neutrality may imply; we suggest a distinction between inclusive neutrality and exclusive neutrality. This distinction provides a useful framework for understanding the several positions as presented by the parties in the Lautsi case. We conclude by suggesting a solution of the Lautsi case that might provide a more viable solution.

Introducing Routine Varicella Vaccination Not so Fast

American Journal of Bioethics, 2020

Het Testen Van Medicijnen Door Westerse Bedrijven in Ontwikkelingslanden: Het Onderscheid Tussen Moreel Wenselijke en Moreel Onaanvaardbare Vormen

Summary–One of the more recent trends in globalization is the increase of medicine testing abroad... more Summary–One of the more recent trends in globalization is the increase of medicine testing abroad. Western pharmaceutical companies relocate their tests to developing countries. Most of us will have the intuition that this relocation is not unproblematic, without immediately knowing what is wrong or why. I argue that ipso facto there is nothing wrong with medicine tests in developing countries, and that they can even have beneficial effects. The problem, however, is that it is very difficult to distinguish beneficial from harmful (or ...

Cosmopolitanism in context: an introduction

Cosmopolitanism in context: perspectives from international law and political theory, 2010

This book deals with the strained relationship between cosmopolitanism as a moral standard and th... more This book deals with the strained relationship between cosmopolitanism as a moral standard and the real existing institutions in which cosmopolitan ideals are to be implemented. Cosmopolitanism is an age-old normative ideal which contends that all kosmopolitês, all citizens of the world, share a membership in one single community, the cosmopolis, which is governed by a universal and egalitarian law.

Cosmopolitanism in Context: Perspectives from International Law and Political Theory

by Roland Pierik and simon caney

Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a mo... more Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into eff ective global institutions? Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the eff ects of such bureaucratization of cosmopolitan ideals? Th is book examines the strained relationship between cosmopolitanism as a moral standard and the legal institutions in which cosmopolitan norms and principles are to be implemented. Five areas of global concern are analyzed: environmental protection; economic regulation; peace and security; the fight against international crimes; and migration.

Do nation states share a responsibility to secure the necessary conditions for a dignified existence?

The Human Right to a Dignified Existence in an International Context, 2019

This chapter analyses whether nation states have a shared responsibility in international law to ... more This chapter analyses whether nation states have a shared responsibility in international law to secure the necessary conditions for a dignified existence of all human beings. Even though the concept of responsibility is well established in international law, it is primarily discussed in the context of independent state responsibility. Can international law also make sense of the concept of shared responsibility of multiple states for their contribution to a single harmful outcome? This idea of shared responsibility has become increasingly important in our era of globalisation and increased collaboration between states. The first part analyses the concept of shared responsibility in international law, employing deontological arguments on the relation between agency and responsibility. The second part investigates whether multiple states can have a shared responsibility in international law for securing the necessary conditions for people to have their human right to live a dignified...

Het EHRM en het Europese rechtsstatelijk deficit: een analyse van de Lautsi-zaak

De discussie over het EHRM is een nieuwe ronde in een aloud debat over de spanning tussen de wil ... more De discussie over het EHRM is een nieuwe ronde in een aloud debat over de spanning tussen de wil van de democratische meerderheid en de constitutionele bescherming van minderheids rechten. Thomas Spijkerboer pleitte er in dit blad voor om onder ogen te zien dat de in het EVRM neergelegde normen zonder (internationaal) rechterlijk toezicht vaak het onderspit zullen delven en dat het zinvoller zou zijn om het debat over concrete arresten van het Hof aan te gaan. Die handschoen wordt hier opgenomen met een analyse van het Lautsi-arrest dat vaak wordt aangehaald als een van de voorbeelden waar het Hof zijn bevoegdheden ver voorbijging.

Introducing Routine Varicella Vaccination? Not so Fast!

The American Journal of Bioethics, 2020

Malm and Navin (2020) argue against immunization policies that discourage routine childhood varic... more

On religious and secular exemptions: A case study of childhood vaccination waivers

Ethnicities, 2017

This paper analyses exemptions to general law through the prism of vaccine waivers in the United ... more This paper analyses exemptions to general law through the prism of vaccine waivers in the United States. All US states legally require the vaccination of children prior to school or daycare entry; however, this obligation is accompanied with a system of medical, religious, and/or philosophical exemptions. Nonmedical exemptions became subject of discussion after the 2015 Disneyland measles outbreak in California, which unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates in Western societies, resulting in the reoccurrence of measles outbreaks. This can be traced back to an increasing public questioning of vaccines by a growing anti-vaccination movement. In reaction to the outbreak and the public outrage it generated, several states proposed—and some already passed—bills to eliminate nonmedical exemptions. I analyze two questions. First, can legal exemptions from mandatory childhood vaccination schemes for p...

Mandatory Vaccination: An Unqualified Defence

Journal of Applied Philosophy, 2016

The 2015 Disneyland outbreak of measles in the US unequivocally brought to light what had been br... more The 2015 Disneyland outbreak of measles in the US unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates resulting in a rising number of outbreaks. This can be traced back to an increasing public questioning of vaccines by an emerging anti-vaccination movement. This article argues that, in the face of diminishing vaccination rates, childhood vaccinations should not be seen as part of the domain of parental choice but, instead, as a non-negotiable legal obligation. The first part of the article formulates and defends two arguments in favour of unqualified mandatory childhood vaccination laws. First, government should not permit parents to put their children at avoidable risk of death and suffering; second, government should guard the common good of herd immunity to protect vulnerable persons. The second part rejects legal and pragmatic objections against such mandatory vaccination laws.

State Neutrality and the Limits of Religious Symbolism

The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom, 2012

* I would like to thank Wibren van der Burg for the collaboration on a related research project o... more * I would like to thank Wibren van der Burg for the collaboration on a related research project on state neutrality. This paper could not have been written without the knowledge and insights I gained from this collaboration. 1 Lautsi and Others v. Italy, 18 March 2011, European Court of Human Rights (GC), No. 30814/06 (referred to as the Grand Chamber decision or Lautsi II). 2 Charles Taylor, 'The Meaning of Secularism' , The Hedgehog Review (2010), p. 23. 3 Rajeev Bhargava, 'What is Secularism for?' , in Rajeev Bhargava (ed.), Secularism and its Critics (Delhi: Oxford University Press, 1998), pp. 493-494. 4 It should be noted that the Catholic crucifix-a more or less detailed representation of the crucified Jesus-is a much more pronounced symbol than the more abstract simple cross as it is commonly used by Protestants.

The Return of the Measles to the Low Countries: A Legal-Philosophical Exploration

Netherlands Journal of Legal Philosophy, 2014

The introduction of vaccines against infectious diseases has been one of the most important contr... more The introduction of vaccines against infectious diseases has been one of the most important contributions to public health of the last century. Diseases like smallpox, polio, measles, mumps, whooping cough, and rubella were far and away the major killers of human beings until the beginning of the twentieth century. Nowadays, these diseases have been dramatically reduced or even eliminated, as a result of large-scale vaccination programs. A very large majority of parents voluntarily enrol their children because they are convinced by the beneficial effects of vaccination. At the same time, since the introduction of these programs certain groups of parents have persistently refused to vaccinate their children. Until recently, non-vaccination in the Netherlands was mainly confined to 'pietistic reformed' protestant communities (bevindelijk gereformeerden) in the Bible Belt. However, in the last two decades, a broader anti-vaccination movement has emerged. This is a multifaceted movement, including anthroposophists, homeopaths and adherents of 'natural' and 'alternative healing.' They question the self-evidence with which government provides and promotes large-scale vaccination programs. Some argue that diseases such as measles could-in the case of otherwise healthy children-contribute to mental growth and to immunity building. This, so they argue, provides someone with greater resilience against diseases like cancer and allergies later in life. Others emphasise the negative effects of vaccines, because, so they argue, they contain dangerous toxic chemicals and overwhelm the immune system of young children. The most famous example of such a backlash against vaccination programs is the MMR-vaccine causes autism-controversy a decade ago, in the wake of the publication of Andrew Wakefield's notorious 1998 paper in The Lancet. 1 By now, the claim is debunked, the paper is retracted, and the author is stripped of his medical license and academic reputation. 2 Still, the suggested vaccine-autism link remains 'the most damaging medical hoax of the last 100 years.' 3 The claim was widely reported in the media and went viral on anti-vaccination websites. It resulted in a sharp drop in the vaccination rates in the UK and Ireland, followed by an significantly increased incidence of measles and mumps, and ending in severe

Do We Have a Negative Duty Towards the Global Poor? Thomas Pogge on Global Justice

Spheres of Global Justice, 2013

Towards a Right to Cultural Identity? A review Essay

J Public Econ, 2003

General rights Copyright and moral rights for the publications made accessible in the public port... more General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.

What Is Neutrality?

by Roland Pierik and Wibren van der Burg

Ratio Juris, 2014

This paper reinvestigates the question of liberal neutrality. We contend that current liberal dis... more This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated – if not hijacked – by one particular interpretation of what neutrality could imply; namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will firstly elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Secondly, we will argue that inclusive proportional neutrality is the most appropriate interpretation in many contexts. Our elaboration highlights that some political disputes should not be seen in terms of the antithesis between liberal neutrality and illiberal alternatives but, instead, as a clash between various valid but incompatible interpretations of what liberal neutrality may imply.

John Rawls: de filosoof van de liberaal-democratische verzorgingsstaat

Item does not contain fulltext6 p

Shared Responsibility in International Law: A Normative-Philosophical Analysis

SSRN Electronic Journal, 2013

Human Rights and the Regulation of Transnational Clinical Trials

Political Studies, 2014

One of the more worrying trends in globalization today is the growing practice of Western compani... more One of the more worrying trends in globalization today is the growing practice of Western companies relocating clinical trials to impoverished countries. This article begins by providing a comprehensive description of the practice and its current regulatory oversight. It is argued that this regulatory scheme is insufficient for protecting the interests of test subjects in such relocated trials. The article then suggests an alternative scheme, embedded in the general framework of human rights protections, and develops the contours of such a human-rights-based regulatory scheme. It concludes by arguing why this alternative regulatory framework does a better job of protecting the interests of test subjects than those regulatory schemes currently available: the Declaration of Helsinki and the statement of Good Clinical Practice.

Een verdediging van het multiculturalisme vanuit een liberaal-egalitair perspectief

Nederlands tijdschrift voor Rechtsfilosofie & Rechtstheorie, 2002

Twee onderwerpen domineren op dit moment het Anglo-Amerikaanse politiek-filosofische debat: het m... more Twee onderwerpen domineren op dit moment het Anglo-Amerikaanse politiek-filosofische debat: het multiculturele karakter van westerse samenlevingen en de sociaal-economische ongelijkheid binnen die samenlevingen. Het eerste onderwerp wordt voornamelijk bediscussieerd binnen het multiculturalisme dat sinds 1995 sterk in de belangstelling staat; het tweede binnen het liberaal-egalitarisme, een stroming die al sinds de publicatie van A Theory of Justice (1971) van John Rawls een dominante rol vervult. De relatie tussen het ...

Culturele verschillen binnen de liberaal-democratische rechtsstaat

Migranten-studies, 2003

Na een gestage opkomst van het multiculturalisme sinds 1990 is het begrip in het nieuwe millenniu... more Na een gestage opkomst van het multiculturalisme sinds 1990 is het begrip in het nieuwe millennium in opspraak geraakt. Paul Scheffer gooide begin 2000 de knuppel in het hoenderhok met zijn betoog over het multiculturele drama (2000). De aanslagen van 11 september maakten 'de islam'de grote vijand van het 'vrije westen'en moslims in het algemeen verdacht; de opkomst van Pim Fortuyn en de doorbraak van de 'nieuwe politiek'hebben ervoor gezorgd dat het multiculturalisme binnen de Nederlandse politiek ...

The Neutral State and the Mandatory Crucifix

Religion & Human Rights, 2011

In this article we present a conceptual overview of relevant interpretations of what state neutra... more In this article we present a conceptual overview of relevant interpretations of what state neutrality may imply; we suggest a distinction between inclusive neutrality and exclusive neutrality. This distinction provides a useful framework for understanding the several positions as presented by the parties in the Lautsi case. We conclude by suggesting a solution of the Lautsi case that might provide a more viable solution.

Introducing Routine Varicella Vaccination Not so Fast

American Journal of Bioethics, 2020

Het Testen Van Medicijnen Door Westerse Bedrijven in Ontwikkelingslanden: Het Onderscheid Tussen Moreel Wenselijke en Moreel Onaanvaardbare Vormen

Summary–One of the more recent trends in globalization is the increase of medicine testing abroad... more Summary–One of the more recent trends in globalization is the increase of medicine testing abroad. Western pharmaceutical companies relocate their tests to developing countries. Most of us will have the intuition that this relocation is not unproblematic, without immediately knowing what is wrong or why. I argue that ipso facto there is nothing wrong with medicine tests in developing countries, and that they can even have beneficial effects. The problem, however, is that it is very difficult to distinguish beneficial from harmful (or ...

Mind the gap! Over het (vermeende) belang van de verschillen tussen common law en civil law voor de rechtsfilosofie

Recht der Werkelijkheid, 2010

For many legal scholars it goes without saying that legal and legal-philosophical theories origin... more For many legal scholars it goes without saying that legal and legal-philosophical theories originate in specific societal contexts and that this contextual character should always be taken into consideration. This implies, for example, that we should take the differences between the common law and civil law tradition seriously. This paper acknowledges the importance of such differences for legal analysis in general, but argues that this acknowledgement is less urgent for legal-philosophical analyses, since they primarily focus on what both traditions share, namely, a foundation in ...

Because it is normative, stupid! Over de rol van politieke theorie binnen de politicologie

Res Publica, 2011

This article presents a state-of-the-art description of political theory and analyses the role of... more This article presents a state-of-the-art description of political theory and analyses the role of political theory within the discipline of political science. It starts by describing two dominant approaches within the sub-discipline: conceptual political theory and normative political theory. Secondly it situates political theory as separated from political science in general and from actual political debates. Thirdly it analyses the role of methodology in normative political theory. I argue that the most important contribution of political theory to political science in general is its ...

Is Symbolic Religious Establishment Permitted Within the European Convention? A Legal, Political, and Pragmatic Perspective

Oxford Journal of Law and Religion, 2023

This article discusses the role of the European Court of Human Rights in regulating the symbolic ... more This article discusses the role of the European Court of Human Rights in regulating the symbolic establishment of religion by the Convention States in their public sphere. The analysis starts from the rather controversial Lautsi decisions and distinguishes three perspectives on such cases. The legal perspective focuses on the way the Court would usually answer a legal question underlying a controversial subject as an interpretation of the Convention and Protocols understood as the living instrument it is today. The political perspective focuses on the preferred solution of the democratic majority in the relevant the Convention State, which is sometimes diametrically opposed to the Court's assessment. The pragmatic perspective explains how the Court deals with such clashes. In controversial cases, the Court sometimes is critical of the state for violating Convention rights, but remains, as a supranational court, critically dependent on the sufficient support of these states. This implies that the Court is sometimes forced to act pragmatically. To maintain the overall stability of the Convention system of human rights protection, the Court is sometimes required to make legally suboptimal decisions in specific controversial cases.

Is Symbolic Religious Establishment Permitted Within the European Convention? A Legal, Political, and Pragmatic Perspective

Oxford Journal of Law and Religion, 2023

This article discusses the role of the European Court of Human Rights in regulating the symbolic ... more This article discusses the role of the European Court of Human Rights in regulating the symbolic establishment of religion by the Convention States in their public sphere. The analysis starts from the rather controversial Lautsi decisions and distinguishes three perspectives on such cases. The legal perspective focuses on the way the Court would usually answer a legal question underlying a controversial subject as an interpretation of the Convention and Protocols understood as the living instrument it is today. The political perspective focuses on the preferred solution of the democratic majority in the relevant the Convention State, which is sometimes diametrically opposed to the Court's assessment. The pragmatic perspective explains how the Court deals with such clashes. In controversial cases, the Court sometimes is critical of the state for violating Convention rights, but remains, as a supranational court, critically dependent on the sufficient support of these states. This implies that the Court is sometimes forced to act pragmatically. To maintain the overall stability of the Convention system of human rights protection, the Court is sometimes required to make legally suboptimal decisions in specific controversial cases.

Facing difficult but unavoidable choices: Donor blood safety and the deferral of men who have sex with men

Bioetics, 2022

Blood service organizations employ various ways to ensure transfusion blood safety, including the... more Blood service organizations employ various ways to ensure transfusion blood safety, including the testing of all donations for transfusion‐transmissible infections (TTI) and the exclusion of donors who are at increased risk of a recent infection. As some TTIs are more common among men who have sex with men (MSM), many jurisdictions (temporarily) defer the donation of blood by sexually active MSM. This boils down to a categorical exclusion of a large group solely on the basis of their sexual orientation, which is seen as unduly discriminatory and stigmatizing. Blood service organizations in the U.K. and the Netherlands have recently changed their deferral policies for MSM. The problem of the MSM deferral involves a conflict between fundamental rights: the right of MSM to equal treatment and the right to health of the recipients of blood and blood products. We distinguish and discuss three broad alternative options to the current categorical deferral of MSM donations: (1) completely abandoning donor selection on the basis of sexual behavior, (2) individual risk assessment of the sexual activities of each potential donor, and (3) individual risk assessment of the sexual activities of MSM only. The new U.K. policy falls within the second category, and the new Dutch policy is in the third category. We argue that each approach comes with moral costs but that the most reasonable option is different from the policies of both the U.K. and the Netherlands.

Mandatory Vaccination: an Unqualified Defence

Journal of applied philosophy, 2016

The 2015 Disneyland outbreak in the US unequivocally brought to light what had been brewing below... more The 2015 Disneyland outbreak in the US unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates resulting in a rising number of outbreaks of measles. This can be traced back to an increasing public questioning of vaccines by an emerging anti-vaccination movement. This paper argues that, in the face of diminishing vaccination rates, childhood vaccinations should not be seen as part of the domain of parental choice but, instead, as a nonnegotiable legal obligation. The first part of the paper formulates and defends two arguments in favor of unqualified mandatory childhood vaccination laws. First, government should not permit parents to put their children at avoidable risks of death and suffering; second, government should guard the common good of herd immunity to protect vulnerable persons. The second part rejects legal and pragmatic objections against such mandatory vaccination laws.

Vaccination Policies: Between Best and Basic Interests of the Child, between Precaution and Proportionality

Public Health Ethics, 2020

How should liberal-democratic governments deal with emerging vaccination hesitancy when that lead... more How should liberal-democratic governments deal with emerging vaccination hesitancy when that leads to the resurgence of diseases that for decades were under control? This article argues that vaccination policies should be justified in terms of a proper weighing of the rights of children to be protected against vaccine-preventable diseases and the rights of parents to raise their children in ways that they see fit. The argument starts from the concept of the 'best interests of the child involved'. The concept is elaborated for this context into the dual regime structure in which parents have fiduciary authority over what they consider to be best for their child, and the state has fiduciary authority over a child's basic interests. This argument leads to conditional mandatory vaccination programs that should be informed by a correct balancing of the two legal principles of proportionality and precaution. This results in contextual childhood vaccination policies of upscaling interference: a three-tiered approach of increased intrusion, from voluntary program when possible and mandatory or even compulsory programs when necessary to protect the child's basic interests.

On religious and secular exemptions: A case study of childhood vaccination waivers

This paper analyses exemptions to general law through the prism of vaccine waivers in the United ... more This paper analyses exemptions to general law through the prism of vaccine waivers in the United States. All US states legally require the vaccination of children prior to school or daycare entry; however, this obligation is accompanied with a system of medical, religious, and/or philosophical exemptions. Nonmedical exemptions became subject of discussion after the 2015 Disneyland measles outbreak in California, which unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates in Western societies, resulting in the reoccurrence of measles outbreaks. This can be traced back to an increasing public questioning of vaccines by a growing anti-vaccination movement. In reaction to the outbreak and the public outrage it generated, several states proposed—and some already passed—bills to eliminate nonmedical exemptions. I analyze two questions. First, can legal exemptions from mandatory childhood vaccination schemes for parents who are opposed to vaccination (still) be justified? Second, should legal exemptions be limited to religious objections to vaccination, or should they also be granted to secular objections? Although the argument in the paper starts from the example of the US, it seeks to provide a more general philosophical reflection on the question of exemptions from mandatory childhood vaccination.

What Is Neutrality?

by Wibren van der Burg and Roland Pierik

This paper reinvestigates the question of liberal neutrality. We contend that current liberal dis... more This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated – if not hijacked – by one particular interpretation of what neutrality could imply; namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will firstly elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Secondly, we will argue that inclusive proportional neutrality is the most appropriate interpretation in many contexts. Our elaboration highlights that some political disputes should not be seen in terms of the antithesis between liberal neutrality and illiberal alternatives but, instead, as a clash between various valid but incompatible interpretations of what liberal neutrality may imply.

Resources Versus Capabilities: Social Endowments In Egalitarian Theory

by Ingrid Robeyns and Roland Pierik

Political Studies, Jan 1, 2007

Human Rights and the Regulation of Transnational Clinical Trials

One of the more worrying trends in globalization today is the growing practice of Western compani... more One of the more worrying trends in globalization today is the growing practice of Western companies relocating clinical trials to impoverished countries. This article begins by providing a comprehensive description of the practice and its current regulatory oversight. It is argued that this regulatory scheme is insufficient for protecting the interests of test subjects in such relocated trials. The article then suggests an alternative scheme, embedded in the general framework of human rights protections, and develops the contours of such a human-rights-based regulatory scheme. It concludes by arguing why this alternative regulatory framework does a better job of protecting the interests of test subjects than those regulatory schemes currently available: the Declaration of Helsinki and the statement of Good Clinical Practice.

Shared Responsibility in International Law: A Normative‐Philosophical Analysis

This paper analyses normative issues concerning shared responsibility among multiple actors, i.e.... more This paper analyses normative issues concerning shared responsibility among multiple actors, i.e. states and/or international organizations, that have contributed to harmful outcomes that international law seeks to prevent. More precisely, the term responsibility is used to refer to ex post responsibility for contributions to injury. Current international law has a hard time keeping up with the current reality of increased collaboration between states since international law is "the historical fruit of a primitive and horizontal conception of the international legal order" that holds on to the fiction of exclusive attribution of responsibility to one single state. This paper steps outside the legal (tool)box and starts from a philosophical analysis of 'responsibility' – the normative concept that has the central stage in these discussions. Under which conditions can an actor reasonably be held responsible for a specific harmful outcome? And which consequences should this responsibility have in terms of reparations of repercussions? As such, the paper taps into the more deontological literature in legal and political philosophy on the relation between agency and responsibility. Such a philosophical treatise could be helpful to get our normative intuitions in line and our priorities right and, as such, might provide some essential normative nuts and bolds for a more legal analysis of joint responsibility in international law.

Western policies on child labor abroad

by Roland Pierik and Mijke Houwerzijl

Child labor evokes deep emotions and is cause for growing international concern. Most recent glob... more Child labor evokes deep emotions and is cause for growing international concern. Most recent global estimates show that 186 million children are engaged in full time economic activity. This paper discusses the possibilities and pitfalls of Western policies that seek to curb child labor abroad. Since such policies aim to combat practices in other societies, policy-makers should be aware of the many relevant differences between developing and developed countries. We discuss three issues that are central to this debate: different conceptions of childhood and the dominance of the Western conception in these debates; the distinction between child work and child labor; and socioeconomic causes of child labor. We then evaluate the implications of these investigations for direct and indirect policy options against child labor abroad.