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Author : Will Kymlicka
Publisher : Unknown
Page : 26 pages
File Size : 53,6 Mb
Release : 1998
Category : Ethnic relations
ISBN : 0860761592
Author : Gaetano Pentassuglia
Publisher : BRILL
Page : 389 pages
File Size : 47,5 Mb
Release : 2017-11-23
Category : Law
ISBN : 9789004328785
Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, Ethno-Cultural Diversity and Human Rights brings prominent experts together to address contested dimensions of the role of ethno-cultural groups in human rights discourse.
Author : Neus Torbisco Casals
Publisher : Springer Science & Business Media
Page : 278 pages
File Size : 40,7 Mb
Release : 2006-06-30
Category : Law
ISBN : 9781402042096
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Author : Will Kymlicka
Publisher : OUP Oxford
Page : 392 pages
File Size : 50,6 Mb
Release : 2001-01-19
Category : Political Science
ISBN : 9780191522727
This volume brings together eighteen of Will Kymlicka's recent essays on nationalism, multiculturalism and citizenship. These essays expand on the well-known theory of minority rights first developed in his Multicultural Citizenship. In these new essays, Kymlicka applies his theory to several pressing controversies regarding ethnic relations today, responds to some of his critics, and situates the debate over minority rights within the larger context of issues of nationalism, democratic citizenship and globalization. The essays are divided into four sections. The first section summarizes 'the state of the debate' over minority rights, and explains how the debate has evolved over the past 15 years. The second section explores the requirements of ethnocultural justice in a liberal democracy. Kymlicka argues that the protection of individual human rights is insufficient to ensure justice between ethnocultural groups, and that minority rights must supplement human rights. In particular, Kymlicka explores why some form of power-sharing (such as federalism) is often required to ensure justice for national minorities; why indigenous peoples have distinctive rights relating to economic development and environmental protection; and why we need to define fairer terms of integration for immigrants. The third section focuses on nationalism. Kymlicka discusses some of the familiar misinterpretations and preconceptions which liberals have about nationalism, and defends the need to recognize that there are genuinely liberal forms of nationalism. He discusses the familiar (but misleading) contrast between 'cosmopolitanism' and 'nationalism', and discusses why liberals have gradually moved towards a position that combines elements of both. The final section explores how these increasing demands by ethnic and national groups for minority rights affect the practice of democratic citizenship. Kymlicka surveys recent theories of citizenship, and raises questions about how they are challenged by ethnocultural diversity. He emphasizes the importance of education as a site of conflict between demands for accommodating ethnocultural diversity and demands for promoting the common virtues and loyalties required by democratic citizenship. And, finally, he explores the extent to which 'globalization' requires us to think about citizenship in more global terms, or whether citizenship will remain tied to national institutions and political processes. Taken together, these essays make a major contribution to enriching our understanding of the theory and practice of ethnocultural relations in Western democracies.
Author : Solomon A. Dersso
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 45,9 Mb
Release : 2012-11-08
Category : Law
ISBN : 9789004235533
Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.
Author : Will Kymlicka
Publisher : Clarendon Press
Page : 296 pages
File Size : 51,6 Mb
Release : 1996-09-19
Category : Political Science
ISBN : 9780191622458
The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of `collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.
Author : Evelyn Kallen
Publisher : Oxford University Press, USA
Page : 352 pages
File Size : 52,9 Mb
Release : 1995
Category : Law
ISBN : STANFORD:36105060550964
Examines minority rights issues central to the concerns of Canada's three major ethnic constituencies: self-determination of aboriginal peoples; anti-racism strategies and multiculturalism; and the national sovereignty of the Quebecois. Analyses and evaluates the comparative strength of legal protection for the human rights of ethnic groups. Includes texts of the following documents: the Universal Declaration of Human Rights; the Declaration of the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; the Canadian Charter of Rights and Freedoms (Constitution Act, 1982, Part I); and the Rights of the Aboriginal Peoples of Canada (Constitution Act, 1982, Part II).
Author : G. Cheng
Publisher : Springer
Page : 193 pages
File Size : 45,6 Mb
Release : 2012-02-14
Category : Political Science
ISBN : 9781137012029
By critically addressing the tension between nationalism and human rights that is presumed in much of the existing literature, the essays in this volume confront the question of how we should construe human rights: as a normative challenge to the excesses of modernity, particularly those associated with the modern nation-state, or as an adjunct of globalization, with its attendant goal of constructing a universal civilization based on neoliberal economic principles and individual liberty.
Author : Mauro Barelli
Publisher : Routledge
Page : 229 pages
File Size : 54,5 Mb
Release : 2016-04-14
Category : Law
ISBN : 9781317332176
Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.
Author : Will Kymlicka
Publisher : Oxford University Press, USA
Page : 236 pages
File Size : 52,6 Mb
Release : 1998
Category : Political Science
ISBN : UOM:39015045643403
Many people today believe that ethnocultural politics in Canada are spiralling out of control, with ever more groups in society making ever greater demands. Finding Our Way offers a more balanced view. Will Kymlicka argues that the difficulties involved in accommodating ethnoculturaldiversity are not insurmountable, and that Canadians have an impressive range of experience and resources on which to draw in addressing them. A crucial part of his argument is the distinction between the ethnic groups formed by immigration and the 'nations within' constituted by the Quebecois andAboriginal peoples, whose existence predates that of the Canadian state. With respect to immigrant groups, he maintains that the 'multicultural' model of integration adopted by the federal government in 1971 has worked much better than is commonly thought, and can be adapted to new circumstances.The challenges of accommodating the self-government demands of national minorities are admittedly greater. Yet here too Kymlicka argues that we have all the experience we need: what we lack is the will to apply what we know. At a time when many Canadians appear to have lost confidence in ourability to work out fair and mutually beneficial solutions to ethnocultural conflicts, Finding Our Way makes an invaluable contribution to two critical national debates.
Author : Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin
Publisher : BRILL
Page : 295 pages
File Size : 50,5 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004461666
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Author : Miriam Smith
Publisher : University of Toronto Press
Page : 417 pages
File Size : 48,6 Mb
Release : 2014-01-01
Category : Political Science
ISBN : 9781442606951
Group Politics and Social Movements in Canada, Second Edition updates and expands its exploration of a wide range of organized group and social movement activity in Canadian politics. Particularly distinctive is the inclusion of Quebec nationalism and Aboriginal politics. Many other areas of collective activity are also included: the Occupy movement and anti-poverty organizing, ethnocultural political mobilization, disability, lesbian and gay politics, feminism, farmers and organized interests in agriculture, Christian evangelical groups, environment, and health movements. Contributors to the collection employ a number of theoretical perspectives from political science and sociology to describe the evolution of organized groups and movements and to evaluate successes in exercising influence on Canadian politics. Each chapter provides an overview of the group or movement along with an account of its main networks and organizations, strategies, goals, successes, and failures.
Author : Craig, Gary,Burchardt, Tania
Publisher : Policy Press
Page : 296 pages
File Size : 43,7 Mb
Release : 2008-06-18
Category : Political Science
ISBN : 9781447315483
Social justice is a contested term, incorporated into the language of widely differing political positions. Those on the left argue that it requires intervention from the state to ensure equality, at least of opportunity; those on the right believe that it can be underpinned by the economics of the market place with little or no state intervention. To date, political philosophers have made relatively few serious attempts to explain how a theory of social justice translates into public policy. This important book, drawing on international experience and a distinguished panel of political philosophers and social scientists, addresses what the meaning of social justice is, and how it translates into the everyday concerns of public and social policy, in the context of both multiculturalism and globalisation.
Author : Sarah Turnbull
Publisher : UBC Press
Page : 244 pages
File Size : 55,7 Mb
Release : 2016-11-10
Category : Social Science
ISBN : 9780774831963
Just as Canada’s population has changed in the past four decades, so has its prison population. The increasing diversity among prisoners raises important questions about how we punish those who break the law. Parole in Canada is the first book to explore how concerns about Aboriginality, gender, and the multicultural ideal of “diversity” have been interpreted and used to alter parole policy and practice. Using the Parole Board of Canada as a case study, this book shows how some offender differences are selectively included in conditional release decision making, while the structures, practices, and power arrangements that would enable fundamental change remain unaltered.
Author : Monique Deveaux
Publisher : OUP Oxford
Page : 276 pages
File Size : 46,6 Mb
Release : 2006-11-30
Category : Political Science
ISBN : 9780191537288
Gender and Justice in Multicultural Liberal States explores the challenges that culturally plural liberal states face when they hold competing political commitments to cultural rights and sexual equality, and advances an argument for resolving such dilemmas through democratic dialogue and negotiation. Exploring recent examples of gendered cultural conflicts in South Africa, Canada, and Britain, this book shows that there is an urgent need for workable strategies to mediate the antagonisms between the cultural practices and arrangements of certain ethno-cultural and religious groups and the norms and constitutional rights endorsed by liberal states. Yet such strategies will be successful only insofar as they can resolve conflicts without either reinforcing women's subordination within cultural communities or unjustly dismissing calls for cultural recognition and forms of self-governance. To this end, the book develops an approach to mediating cultural tensions that takes seriously the demands of justice by cultural and religious minorities in liberal democratic states. Grounded in an argument for democratic legitimacy, this approach invokes norms of political inclusion and democratic dialogue, and highlights negotiation and compromise as the best vehicles for arriving at resolutions to conflicts of cultural value. However, it also reconceives the basis of democratic legitimacy so as to include not merely formal expressions of political consent, but also a range of non-formal democratic activity that occur in the private and social spheres, from acts of cultural reinvention and subversion to outright expressions of dissent and cultural refusal.
