Arguing Identity And Human Rights

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Human Rights Law and Personal Identity

Author : Jill Marshall
Publisher : Routledge
Page : 337 pages
File Size : 51,6 Mb
Release : 2014-06-20
Category : Law
ISBN : 9781134443338

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Human Rights Law and Personal Identity by Jill Marshall Pdf

This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.

Arguing Identity and Human Rights

Author : Doug Cloud
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2023-09
Category : Group identity
ISBN : 1003390161

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Arguing Identity and Human Rights by Doug Cloud Pdf

"Arguing Identity and Human Rights poses open questions about how to best argue for human rights and consider rival answers, to help us think through the advantages and trade-offs of different rhetorical strategies, identify options, and, ultimately, choose our own paths. Modelling a humane approach to human rights argument, the book offers four deep rhetorical analyses of some of the most vexing and fascinating challenges facing human rights arguers in the United States: - How do we want to frame difference in human rights advocacy-are we trying to downplay difference or something else? - How can we best answer dismissive responses to human rights arguments? - Should we portray people in marginalized categories as having "no choice" about their identity, and what would alternatives look like? - What are the possibilities and perils of trying to "afflict" audiences with hegemonic identities to persuade them on human rights issues? Offering clear practical and theoretical implications while resisting easy answers, the book provides a concise introduction to the relationship between identity, discourse, and social change. Designed for both theorists and practitioners, for current and aspiring human rights arguers, this insightful text will be of use to students of rhetoric, argumentation, persuasion, and communication studies more generally, as well as human rights, social activism and social change, political science, sociology, race and gender studies"--

Arguing Identity and Human Rights

Author : Doug Cloud,
Publisher : Taylor & Francis
Page : 158 pages
File Size : 44,5 Mb
Release : 2023-09-29
Category : Social Science
ISBN : 9781000957624

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Arguing Identity and Human Rights by Doug Cloud, Pdf

Arguing Identity and Human Rights poses open questions about how to best argue for human rights, to help us think through the advantages and trade-offs of different rhetorical strategies, identify rival options, and, ultimately, choose our own paths. Modeling a humane approach to human rights argument, this book offers four deep rhetorical analyses of some of the most vexing and fascinating challenges facing human rights arguers in the United States: How do we want to frame difference in human rights advocacy—are we trying to downplay difference or something else? How can we best answer dismissive responses to human rights arguments? Should we portray people in marginalized categories as having “no choice” about their identity, and what would alternatives look like? What are the possibilities and perils of trying to “afflict” audiences with hegemonic identities to persuade them on human rights issues? Offering clear practical and theoretical implications while resisting easy answers, the book provides a concise introduction to the relationship between identity, discourse, and social change. Designed for both theorists and practitioners, for current and aspiring human rights arguers, this insightful text will be of use to students of rhetoric, argumentation, persuasion, and communication studies more generally, as well as human rights, social activism and social change, political science, sociology, and race and gender studies.

Identity, Belonging and Human Rights: A Multi-Disciplinary Perspective

Author : Nasia Hadjigeorgiou
Publisher : BRILL
Page : 174 pages
File Size : 43,8 Mb
Release : 2019-01-04
Category : Political Science
ISBN : 9781848884571

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Identity, Belonging and Human Rights: A Multi-Disciplinary Perspective by Nasia Hadjigeorgiou Pdf

This edited volume is concerned with the relationship between three key concepts – identity, belonging and human rights – and explores them both by engaging in theoretical analysis and through more practical contributions.

Identity, Self-Determination and Secession

Author : Igor Primoratz,Aleksander Pavkovic
Publisher : Routledge
Page : 289 pages
File Size : 41,8 Mb
Release : 2018-01-18
Category : Philosophy
ISBN : 9781351156066

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Identity, Self-Determination and Secession by Igor Primoratz,Aleksander Pavkovic Pdf

Engaging with a range of interconnected and highly topical issues of identity, self-determination and secession, this book examines the import and implications of 'identity claims', and looks into 'identity politics' motivated by such claims, which is becoming ever more salient in democratic and culturally and ethnically heterogeneous states. It discusses nationalism as an important component of identity of individuals and groups, and a position that generates claims of self-determination and secession on the part of ethnic and cultural groups. It also examines patriotism, which until recently seemed to be on the wane, but has undergone a dramatic revival after the terrorist attacks in the US on 11 September 2001 and the start of a global 'war on terror'. The book offers a typology of facets of patriotism, an assessment of its moral standing, and a critique of the beliefs about the patria it characteristically involves. Also discussed are topics such as political liberalism vs. 'identity liberalism', the ways a liberal society should treat nonliberal communities within it, the role of heritage and remembrance in national identity, the status of national minorities as an issue of equality, arrangements concerning indigenous peoples and intrastate autonomy as an alternative to secession, and whether secession can be a legal act. The book includes contributions by prominent philosophers and political and legal theorists from Australia, Canada, Israel, and the United States.

Identity and the Case for Gay Rights

Author : David A. J. Richards
Publisher : University of Chicago Press
Page : 247 pages
File Size : 48,6 Mb
Release : 1999
Category : Law
ISBN : 9780226712093

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Identity and the Case for Gay Rights by David A. J. Richards Pdf

1. THE RACIAL ANALOGY

Global Intersectionality and Contemporary Human Rights

Author : Johanna Bond
Publisher : Oxford University Press
Page : 272 pages
File Size : 42,9 Mb
Release : 2021-07-22
Category : Law
ISBN : 9780192639547

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Global Intersectionality and Contemporary Human Rights by Johanna Bond Pdf

Global Intersectionality and Contemporary Human Rights argues for an expansive definition of human rights, one that encompasses the harm caused by multiple, intersecting forms of subordination. Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, of example, often target women based on both gender and ethnicity. Human rights remedies that fail to capture the intersectional nature of human rights violations do not offer comprehensive redress to victims. This title explores the influence of intersectionality theory on human rights in the modern era and traces the evolution of intersectionality as a theoretical framework in the United States and around the world. It draws upon feminist theory and human rights jurisprudence to argue that scholars and activists have under-utilized intersectionality theory in the global discourse of human rights. As the central intergovernmental organization charged with the protection of human rights, the United Nations has been slow to embrace the insights gained from intersectionality theory. This work argues that the United Nations and other human rights organizations must more actively embrace intersectionality as an analytical framework in order to fully address the complexity of human rights violations around the world.

Mistaken Identity

Author : Asad Haider
Publisher : Verso Books
Page : 141 pages
File Size : 51,7 Mb
Release : 2018-05-15
Category : Political Science
ISBN : 9781786637383

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Mistaken Identity by Asad Haider Pdf

A powerful challenge to the way we understand the politics of race and the history of anti-racist struggle Whether class or race is the more important factor in modern politics is a question right at the heart of recent history’s most contentious debates. Among groups who should readily find common ground, there is little agreement. To escape this deadlock, Asad Haider turns to the rich legacies of the black freedom struggle. Drawing on the words and deeds of black revolutionary theorists, he argues that identity politics is not synonymous with anti-racism, but instead amounts to the neutralization of its movements. It marks a retreat from the crucial passage of identity to solidarity, and from individual recognition to the collective struggle against an oppressive social structure. Weaving together autobiographical reflection, historical analysis, theoretical exegesis, and protest reportage, Mistaken Identity is a passionate call for a new practice of politics beyond colorblind chauvinism and “the ideology of race.”

A Human Right to Culture and Identity

Author : Janne Mende
Publisher : Rowman & Littlefield
Page : 222 pages
File Size : 48,8 Mb
Release : 2016-06-15
Category : Political Science
ISBN : 9781783486809

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A Human Right to Culture and Identity by Janne Mende Pdf

Is it desirable, or even necessary, to have distinct human rights for cultural identities? Do different conceptions of culture and identity, and their potential to frame human rights violations as culturally appropriate, complicate the question? How should a human right to collective identity be outlined? Claims to human rights as applying to a whole (ethnic, religious or cultural) group, instead of the individual, prove to be complex. This book reveals the pitfalls, benefits and demands that surround the debate for and against culture and identity in human rights. It connects a continuous and nuanced theoretical debate with highly topical empirical findings about collective rights for indigenous groups, which for centuries have been suppressed and marginalized and now stand at the forefront of (successfully) demanding a human right to their own culture and distinct identity. This book shows the ambivalences of those demands and discusses solutions so that human rights neither exclude marginalized cultural groups nor reproduce rigid distinctions between seemingly exclusive cultures.

Personal Freedom Through Human Rights Law?

Author : Jill Marshall
Publisher : BRILL
Page : 245 pages
File Size : 50,7 Mb
Release : 2009
Category : Law
ISBN : 9789004170599

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Personal Freedom Through Human Rights Law? by Jill Marshall Pdf

By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Collective Identity, Oppression, and the Right to Self-ascription

Author : Andrew J. Pierce
Publisher : Lexington Books
Page : 144 pages
File Size : 41,8 Mb
Release : 2012
Category : Philosophy
ISBN : 9780739171905

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Collective Identity, Oppression, and the Right to Self-ascription by Andrew J. Pierce Pdf

Collective Identity, Oppression, and the Right to Self-Ascription argues that groups have an irreducibly collective right to determine the meaning of their shared group identity, and that such a right is especially important for historically oppressed groups. The author specifies this right by way of a modified discourse ethic, demonstrating that it can provide the foundation for a conception of identity politics that avoids many of its usual pitfalls. The focus throughout is on racial identity, which provides a test case for the theory. That is, it investigates what it would mean for racial identities to be self-ascribed rather than imposed, establishing the possible role racial identity might play in a just society. The book thus makes a unique contribution to both the field of critical theory, which has been woefully silent on issues of race, and to race theory, which often either presumes that a just society would be a raceless society, or focuses primarily on understanding existing racial inequalities, in the manner typical of so-called "non-ideal theory."

Personal Identity and the European Court of Human Rights

Author : Jill Marshall
Publisher : Taylor & Francis
Page : 339 pages
File Size : 50,5 Mb
Release : 2022-05-25
Category : Law
ISBN : 9781000582802

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Personal Identity and the European Court of Human Rights by Jill Marshall Pdf

In this new and burgeoning field in legal and human rights thought, this edited collection explores, by reference to applied philosophy and case law, how the European Court of Human Rights (ECtHR) has developed and presented a right to personal identity, largely through interpretation of Article 8 of the European Convention on Human Rights. Divided into three parts, the collection interrogates: firstly, the construction of personal identity rights at the ECtHR; secondly, whose identity rights are protected; and thirdly, the limits of identity rights. The collection is the first in the Routledge Studies in Law and Humanity series. Contributions from nine leading and emerging legal scholars from the UK, Ireland and continental Europe explore how the right has developed, rights to identity and marriage, LGBTI+, persons with disabilities, religious and cultural issues and critical perspectives on the social construction and framing of the right. The collection is primarily aimed at scholars and advanced students, particularly of human rights law and its theory, Jurisprudence and Philosophy of Law, and those interested in ECtHR jurisprudence, and those interested in the connection between theories of inclusion, belonging and rights, including human rights lawyers.

The Human Rights Reader

Author : Micheline R. Ishay
Publisher : Taylor & Francis
Page : 982 pages
File Size : 49,8 Mb
Release : 2022-11-01
Category : Political Science
ISBN : 9781000692419

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The Human Rights Reader by Micheline R. Ishay Pdf

The third edition of The Human Rights Reader presents a variety of new primary documents and readings and elaborates the exploration of rights in the areas of race, gender, refugees, climate, Artificial Intelligence, drones and cyber security, and nationalism and Internationalism. In the wake of the Covid-19 crisis, it addresses human rights challenges reflected in and posed by global health inequities. Each part of the reader corresponds to five historical phases in the history of human rights and explores the arguments, debates, and issues of inclusiveness central to those eras. This edition is the most comprehensive and up-to-date collection of essays, speeches, and documents from historical and contemporary sources, all of which are placed in context with Micheline Ishay’s substantial introduction to the Reader as a whole and context-setting introductions to each part and chapter. New to the Third Edition 60 new readings and documents cover subjects ranging from human rights in the age of globalization and populism, debates of the rights of citizens versus those of refugees and immigrants, transgender rights, the new Jim Crow, and the future of human rights as they relate to digital surveillance, the pandemic, and bioengineering Part I has been reorganized into three chapters: the Secular Tradition, Asian and African Religions and Traditions, and the Monotheistic Religions Part V has been significantly updated and expanded with the addition of an entirely new chapter — "Debating the Future of Human Rights." Each of the six parts in the book is preceded by an editorial introduction and, in four of the parts, a separate selection providing the reader with a general background on the history and themes represented in the readings that follow Each part and several chapters conclude with new Questions for Discussion authored by the volume editor An extensive new online resource includes 62 key human rights documents ranging from the Magna Carta to the United Nations Glasgow Climate Pact

The Human Right to a Green Future

Author : Richard P. Hiskes
Publisher : Cambridge University Press
Page : 183 pages
File Size : 51,6 Mb
Release : 2009
Category : Law
ISBN : 9780521873956

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The Human Right to a Green Future by Richard P. Hiskes Pdf

This book presents an argument for establishing environmental human rights as the legitimate possession of both present and future generations. It uses these rights - to clean air, water, and soil - to make an argument for justice across generations, that is, for recognizing the obligation that present generations have to preserve the environment and natural resources for future generations.

Identities and Freedom

Author : Allison Weir
Publisher : Oxford University Press
Page : 192 pages
File Size : 42,5 Mb
Release : 2013-03-01
Category : Philosophy
ISBN : 9780199323685

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Identities and Freedom by Allison Weir Pdf

How can we think about identities in the wake of feminist critiques of identity and identity politics? In Identities and Freedom, Allison Weir rethinks conceptions of individual and collective identities in relation to freedom. Drawing on Taylor and Foucault, Butler, Zerilli, Mahmood, Mohanty, Young, and others, Weir develops a complex and nuanced account of identities that takes seriously the ways in which identity categories are bound up with power relations, with processes of subjection and exclusion, yet argues that identities are also sources of important values, and of freedom, for they are shaped and sustained by relations of interdependence and solidarity. Moving out of the paradox of identity and freedom requires understanding identities as effects of multiple contesting relations of power and relations of interdependence.