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Author : Eva Brems
Publisher : Martinus Nijhoff Publishers
Page : 600 pages
File Size : 46,9 Mb
Release : 2001-05-15
Category : Law
ISBN : 9041116184
2.2. In the CRC.
Author : François Crépeau
Publisher : Cambridge Scholars Publishing
Page : 225 pages
File Size : 44,8 Mb
Release : 2014-07-08
Category : Law
ISBN : 9781443863780
Over sixty years after the Universal Declaration of Human Rights, it has been widely observed that human rights resonate differently in various settings. This book addresses the timely and important question of how to understand human rights in a world of increasing diversity. The effects of globalization and the increasing mobility of persons and peoples have further deepened and multiplied the sites of interaction between different cultures, religions and ethnicities. These changes have been a source of enrichment, as multiculturalism, interculturalism and diversity permeate our daily lives. Yet, they have also revealed important societal cleavages, different conceptualizations of human rights, and divergent values and beliefs about moral, ethical, cultural and religious issues. In societies characterized by diverse social, ethnic, religious and cultural communities, it becomes critical to examine how to reconcile the tensions between respect for group-based identities and differences, the robust protections of individual rights and freedoms, and the maintenance of community solidarity and social cohesion. It is these tensions, mediated through debates about the interaction between human rights and diversity, that this book addresses. Eschewing any simple reconciliation of human rights and universalism, this book aspires to identify alternative frameworks that can facilitate the conceptualization of, and help find solutions to, the complex global human rights issues in diverse societies. In engaging with both the theoretical perspectives that question the 'universality' of human rights as well as assessing the practicality of diverse applications of human rights, this collection of essays explores how human rights can be employed to empower historically excluded and marginalized groups. Taking diversity into account in thinking about the universal aspirations of human rights protection requires us to reframe the question. Rather than asking whether human rights are universal, we need to ask how the universal principles underlying human rights are practically and tangibly realized in diverse contexts and communities. Through critical reflection and a reexamination of the concepts, categories, institutions and frontiers of human rights, this book contributes to an ongoing dialogue about human rights discourse and theory. Yet beyond its contribution to scholarly debates, it is our hope that this book will contribute to the development of concrete, tangible and institutional strategies for advancing the protection of human rights in diverse societies.
Author : Elsa Stamatopoulou
Publisher : BRILL
Page : 353 pages
File Size : 53,8 Mb
Release : 2007
Category : Law
ISBN : 9789004157521
Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.
Author : Seth D. Kaplan
Publisher : Cambridge University Press
Page : 271 pages
File Size : 48,9 Mb
Release : 2018-08-16
Category : Law
ISBN : 9781108471213
Introduces the idea of a flexible approach to the human rights movement that returns to basics in an increasingly diverse and multipolar world.
Author : András Sajó
Publisher : Springer
Page : 380 pages
File Size : 43,5 Mb
Release : 2013-12-11
Category : Political Science
ISBN : 9789401761727
This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.
Author : R. Paul Churchill
Publisher : Routledge
Page : 169 pages
File Size : 52,8 Mb
Release : 2016-09-16
Category : Philosophy
ISBN : 9781315509075
This accessible text defends human rights as truly universal for all persons globally, while respecting the importance of plurality and cultural diversity. It is unique, as well, in discussing cross-cultural negotiations regarding human rights. The book shows that there is no inherent contradiction between human rights norms and social and cultural values, practices, and forms of life worthy of preservation.
Author : Alan John Mitchell Milne
Publisher : Sterling Publishing Company, Inc.
Page : 208 pages
File Size : 49,5 Mb
Release : 1986
Category : Law
ISBN : 0887063667
This original and provocative book is concerned with fundamental questions in moral, political, and legal philosophy. It challenges both supporters and sceptics alike to rethink their ideas about human rights. The author explains that human life is not the same everywhere, noting that there are different traditions of culture and civilization. He argues that an adequate idea of human rights must take such a diversity seriously, and unlike the UN Declaration, it must not presuppose Western institutions and values. This theory of human rights developed by Milne deals systematically with the philosophical issues it raises. He shows that human rights can only be a minimum standard, not a panacea for the troubles of humanity. And that this significance, although modest, should not be underrated.
Author : Hurst Hannum
Publisher : Cambridge University Press
Page : 245 pages
File Size : 47,9 Mb
Release : 2019-02-14
Category : Law
ISBN : 9781108417488
Focuses on understanding human rights as they really are and their proper role in international affairs.
Author : Kirsten Hastrup
Publisher : BRILL
Page : 243 pages
File Size : 43,8 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004479920
The universality of human rights has been extensively discussed since their inception, and most often in terms of contrasting viewpoints of universalism versus relativism. The present volume seeks to get beyond the polarization and to ask instead in which sense human rights are universal. The point of departure is that human rights must be universal in some sense, or they are nothing. It is meaningless to talk of human rights if they are not applicable to all humans, unconditionally. From each of their vantage points the authors explore the notion of universality in a joint effort to maintain the fundamental aspiration of the human rights documents without sidestepping the question. The authors come from such diverse fields as law, history, philosophy and anthropology, and between them they contribute in complementary ways to the never-ending quest for universality, correlating with a view of all humans being equal in dignity and rights. They are also keenly aware that the human rights project is unfinished and must always be forcefully argued for.
Author : Kirsten Hastrup
Publisher : BRILL
Page : 207 pages
File Size : 41,8 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004480773
Cultural diversity, as expressed for instance in different normative orders or legal cultures, poses both a practical and a theoretical challenge to the idea of universal human rights. In the present volume, the authors seek to address and contain this challenge with a view to the changing nature of the global society. While 'culture' is sometimes signposted as an obstacle to human rights on the ground, this volume suggests that in so far as the global 'culture of human rights' is primarily seen as a formal and institutional order based on a particular view of equal human worth, local cultures cannot trump it. The main point is that the culture of human rights is inclusive of all and must maintain a standard by which all peoples and cultures can measure their own performances. Further, and as demonstrated in the present volume from a range of disciplines such as law, literature, history and anthropology, culture is not a mental prison but a particular outlook upon the world, for ever changing in response to new experiences and insights.
Author : Federico Lenzerini
Publisher : OUP Oxford
Page : 304 pages
File Size : 45,7 Mb
Release : 2014-02-06
Category : Law
ISBN : 9780191641312
The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.
Author : Alison Dundes Renteln
Publisher : Quid Pro Books
Page : 296 pages
File Size : 51,9 Mb
Release : 2013-05
Category : Political Science
ISBN : 9781610271592
International Human Rights is a classic socio-legal study of the incompatibility and possible reconciliation of competing views of culture relativism and absolute fundamental human rights. It features prodigious research and insight that is much cited by academics and human rights lawyers and activists over two decades. Quality ebook edition features active Contents, linked notes, and proper presentation of text and charts. Are human rights universal? Universalists and cultural relativists have long been debating this question. In INTERNATIONAL HUMAN RIGHTS, Alison Dundes Renteln reconciles the two positions and argues that, within the vast array of cultural practices and values, it is possible to create structural equivalents to rights in all societies. She poses that empirical cross-cultural research can reveal universal human rights standards, then demonstrates it through an analysis of the concept of measured retribution. INTERNATIONAL HUMAN RIGHTS provides an unusual combination of abstract theory and empirical evidence. It will interest scholars and students in political science, sociology, anthropology, peace studies, cross-cultural research, and philosophy, as well as human rights activists.
Author : Bamidele A. Ojo
Publisher : Nova Biomedical Books
Page : 258 pages
File Size : 44,6 Mb
Release : 1997
Category : Political Science
ISBN : UOM:39015041306971
Explores the possible impact of the contemporary international order on the interpretations and implementation of international human rights regimes. Argues that appeals for human rights have traditionally been made on superficial and inconsequential but politically conditioned criteria only because no effective enforcement procedures and mechanisms exist. After identifying the limits of implementation, calls for restructuring the United Nations, recognizing that rights are inherent in every human, and enforcing those rights with regional or international agents if local authorities prove negligent. Annotation copyrighted by Book News, Inc., Portland, OR
Author : Simon Caney,Peter Jones
Publisher : Routledge
Page : 188 pages
File Size : 44,6 Mb
Release : 2014-06-17
Category : Political Science
ISBN : 9781135275174
This examination of global society focuses on its conflict with local societies and questions whether the human race should be treated as belonging to a single global community. It considers the universality of human rights and its conflict with group claims to self-determination.
Author : Audrey Osler
Publisher : Teachers College Press
Page : 193 pages
File Size : 50,6 Mb
Release : 2016-05-20
Category : Education
ISBN : 9780807756768
The author examines the theory, research, and practice linking human rights to education in order to broaden the concept of citizenship and social studies education. Osler anchors her examination of human rights in the U.N Convention on the Rights of the Child, as well as the U.N. Declaration on Human Rights Education and Training.