The Culturalization Of Human Rights Law

Author : Federico Lenzerini
Publisher : OUP Oxford
Page : 304 pages
File Size : 46,5 Mb
Release : 2014-02-06
Category : Law
ISBN : 9780191641329

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The Culturalization of Human Rights Law by Federico Lenzerini Pdf

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 : Lawrence Meir Friedman,Lawrence M. Friedman
Publisher : Quid Pro Books
Page : 239 pages
File Size : 44,8 Mb
Release : 2011
Category : Social Science
ISBN : 9781610270731

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The Human Rights Culture by Lawrence Meir Friedman,Lawrence M. Friedman Pdf

Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the usual legal or philosophical examination of rights, this book instead asks: Why is it--as a social and historical matter--that rights discourse is so prevalent and compelling to the current world?"Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity--in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." -- Brian Z. Tamanaha, Professor of Law, Washington UniversityQuality ebook formatting from Quid Pro Books features active Contents, linked footnotes, linked textual cross-references, and active URLs in references. Professor Friedman's latest book joins Quid Pro's Contemporary Society Series.

Author : Lieve Gies
Publisher : Routledge
Page : 180 pages
File Size : 54,7 Mb
Release : 2014-07-11
Category : Law
ISBN : 9781317950585

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Mediating Human Rights by Lieve Gies Pdf

Drawing on social-legal, cultural and media theory, this book is one of the first to examine the media politics of human rights. It examines how the media construct the story of human rights, investigating what lies behind the apparent media hostility to human rights and what has become of the original ambition to establish a human rights culture. The human rights regime has been high on the political agenda ever since the Human Rights Act 1998 was enacted. Often maligned in sections of the press, the legislation has entered popular folklore as shorthand for an overbearing government, an overzealous judiciary and exploitative claimants. This book examines a range of significant factors in the mediation of human rights, including: Euroscepticism, the war on terror, the digital reordering of the media landscape, , press concerns about an emerging privacy law and civil liberties. Mediating Human Rights is a timely exploration of the relationship between law, politics and media. It will be of immense interest to those studying and researching across Law, Media Studies, Human Rights, and Politics.

Author : Francesco Francioni,Martin Scheinin
Publisher : BRILL
Page : 381 pages
File Size : 53,8 Mb
Release : 2008
Category : Political Science
ISBN : 9789004162945

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Cultural Human Rights by Francesco Francioni,Martin Scheinin Pdf

What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.

Author : Rene V. Sarmiento
Publisher : Unknown
Page : 119 pages
File Size : 50,9 Mb
Release : 2017
Category : Civil rights
ISBN : 9712386953

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Human Rights Law, Human Rights Culture by Rene V. Sarmiento Pdf

Author : Yvonne Donders,Vladimir Volodin
Publisher : Ashgate Publishing, Ltd.
Page : 340 pages
File Size : 53,8 Mb
Release : 2007
Category : Political Science
ISBN : 0754673138

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Human Rights in Education, Science, and Culture : Legal Developments and Challenges by Yvonne Donders,Vladimir Volodin Pdf

Human rights are at the heart of UNESCO's work in the fields of education, science and culture. Conceived from an international human rights legal framework, this publication combines insights into the content, scope of application and corresponding state obligations of these rights with analyses of issues relating to their implementation.--Publisher's description.

Author : Federico Lenzerini,Ana Filipa Vrdoljak
Publisher : Bloomsbury Publishing
Page : 489 pages
File Size : 44,7 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254713

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International Law for Common Goods by Federico Lenzerini,Ana Filipa Vrdoljak Pdf

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

Author : Stephenson Chow
Publisher : BRILL
Page : 302 pages
File Size : 48,5 Mb
Release : 2018-02-01
Category : Law
ISBN : 9789004328587

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Cultural Rights in International Law and Discourse by Stephenson Chow Pdf

In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.

Author : Jessica Almqvist
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 50,5 Mb
Release : 2005-09-12
Category : Law
ISBN : 9781847310040

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Human Rights, Culture and the Rule of Law by Jessica Almqvist Pdf

This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

Author : Elsa Stamatopoulou
Publisher : BRILL
Page : 353 pages
File Size : 46,8 Mb
Release : 2007
Category : Law
ISBN : 9789004157521

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Cultural Rights in International Law by Elsa Stamatopoulou Pdf

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 : John Nguyet Erni
Publisher : Routledge
Page : 382 pages
File Size : 51,8 Mb
Release : 2018-12-07
Category : Social Science
ISBN : 9781317156215

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Law and Cultural Studies by John Nguyet Erni Pdf

New and unremitting violence linked to state, inter-state, and private actors has precipitated a renewal of social movements, many of which act in concert with human rights ethos and legal conceptions. Yet, cultural studies has so far had little engagement or institutional connection with these movements. How can cultural studies as a progressive discipline think with, and make space for, rights-inflected legal and humanitarian practices? This book considers the ways in which cultural humanism and the critical approach to rights, and more broadly between culture and law, can be brought together to open a new intellectual space to allow cultural studies to better engage with the current challenges presented by social and political struggles worldwide. It lays out the central theses essential for constructing a critical view of human rights, and then advances a distinctive critical model of analysis that incorporates insights of postcolonial legal theorists and jurists from the Global South and important cultural theorists from the North, while rethinking law, rights, and social movements as something constituted by multiple legal modernities. Through case studies covering questions relating to sovereignty, citizenship, refugee displacement, human rights defenders, and gender and sexual rights, Law and Cultural Studies develops a means by which the practice of cultural studies can be reinvigorated around the legal spaces, institutions, and movements tied to human rights struggles. As such, it will appeal to scholars of cultural and media studies, critical legal studies, political theory, postcolonial studies, and human rights.

Author : Ana Vrdoljak
Publisher : Oxford University Press
Page : 322 pages
File Size : 42,8 Mb
Release : 2013-11
Category : Law
ISBN : 9780199642120

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The Cultural Dimension of Human Rights by Ana Vrdoljak Pdf

The intersection between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. To what extent should the law permit cultural defences to general rules? What role does human rights law have in the protection of minority cultures? This volume examines such pivotal questions.

Author : Kirsten Hastrup
Publisher : BRILL
Page : 207 pages
File Size : 44,9 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004480773

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Legal Cultures and Human Rights by Kirsten Hastrup Pdf

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 : Andrzej Jakubowski
Publisher : BRILL
Page : 400 pages
File Size : 44,8 Mb
Release : 2016-07-21
Category : Law
ISBN : 9789004312029

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Cultural Rights as Collective Rights by Andrzej Jakubowski Pdf

Cultural Rights as Collective Rights offers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.

Author : Andreas J. Wiesand,Kalliopi Chainoglou,Anna Sledzinska-Simon
Publisher : Walter de Gruyter GmbH & Co KG
Page : 357 pages
File Size : 45,6 Mb
Release : 2016-11-07
Category : Political Science
ISBN : 9783110432251

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Culture and Human Rights: The Wroclaw Commentaries by Andreas J. Wiesand,Kalliopi Chainoglou,Anna Sledzinska-Simon Pdf

The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.