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Author : Yvonne Donders
Publisher : Intersentia nv
Page : 1 pages
File Size : 55,9 Mb
Release : 2002
Category : Cultural awareness
ISBN : 9789050952385
6. Plan of Research
Author : Francesco Francioni,Martin Scheinin
Publisher : BRILL
Page : 381 pages
File Size : 47,7 Mb
Release : 2008
Category : Political Science
ISBN : 9789004162945
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 : Andrzej Jakubowski
Publisher : BRILL
Page : 400 pages
File Size : 50,7 Mb
Release : 2016-07-21
Category : Law
ISBN : 9789004312029
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 : Claudia Tavani
Publisher : Martinus Nijhoff Publishers
Page : 394 pages
File Size : 45,9 Mb
Release : 2012-09-03
Category : Law
ISBN : 9789004233836
Is the use of mechanisms that only focus on the protection of individual human rights sufficient to protect the cultural identity of minorities? Much more can be achieved by adopting a system that applies the principles of equality and non-discrimination, and encompasses the recognition of a collective right to cultural identity. Culture and cultural identity are indeed important for the identification of groups and ethnicity. But are the Roma an ethnic group? Are they a minority? In answering these questions, Italy is used as a case study to illustrate the limits of non-discrimination provisions and the need to recognise the collective right to cultural identity.
Author : Federico Lenzerini
Publisher : OUP Oxford
Page : 304 pages
File Size : 43,8 Mb
Release : 2014-02-06
Category : Law
ISBN : 9780191641329
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 : Stephenson Chow
Publisher : BRILL
Page : 302 pages
File Size : 45,9 Mb
Release : 2018-02-01
Category : Law
ISBN : 9789004328587
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 : Janne Mende
Publisher : Rowman & Littlefield
Page : 222 pages
File Size : 47,8 Mb
Release : 2016-06-15
Category : Political Science
ISBN : 9781783486809
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.
Author : Bruce Haddock,Peter Sutch
Publisher : Routledge
Page : 245 pages
File Size : 49,8 Mb
Release : 2004-06-02
Category : Philosophy
ISBN : 9781134377343
This innovative volume brings a selection of leading political theorists to the debate on multiculturalism and political legitimacy, and confronts issues including rights, liberalism, cultural pluralism and power relations.
Author : Carol Gould,Pasquale Paquino
Publisher : Rowman & Littlefield
Page : 178 pages
File Size : 40,6 Mb
Release : 2001
Category : Philosophy
ISBN : 0847696774
In this collection, several distinguished political philosophers consider alternative models of the recognition of diverse cultures and the significance of cultural and national identity within democratic societies. The impact of this recognition for conceptions of citizenship and the supposed neutrality of the democratic state is examined, in the framework of economic and political globalization on the one hand, and the widespread assertion of cultural and ethnic differences on the other. The tension between the recognition of diverse cultures and universal frameworks of human rights is discussed, as are the idea of national self-determination and the new forms of democratic and civic institutions that may be required in order to deal with present political conflicts.
Author : Unesco. Office for the Pacific States
Publisher : University of Hawaii Press
Page : 196 pages
File Size : 40,7 Mb
Release : 2000
Category : Political Science
ISBN : UOM:39015053375351
Explores the meaning of culture, identity and community in a Pacific context.
Author : Jonathan Osmond,Ausma Cimdina
Publisher : Edizioni Plus
Page : 215 pages
File Size : 42,6 Mb
Release : 2007
Category : Social Science
ISBN : 9788884924636
Author : Antonietta Di Blase,Valentina Vadi
Publisher : Roma TrE-Press
Page : 331 pages
File Size : 43,7 Mb
Release : 2020-02-24
Category : Law
ISBN : 9788832136920
This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.
Author : J. Alberto del Real Alcala
Publisher : Bentham Science Publishers
Page : 321 pages
File Size : 49,8 Mb
Release : 2017-11-14
Category : Political Science
ISBN : 9781681085937
This volume focuses on the rights of minorities. Minorities are often subject to discrimination and individuals find themselves being rejected by the majority. In such cases, people belonging to a minority suffer through hostile situations. Minorities discussed in this book are defined in terms of cultural groups, migrants, displaced persons, sexual minorities (sexual identity). As with the previous volume, readers are informed about the concept of human rights, as an instrument through which civil society tries to eliminate the hostility and suffering of minorities and restores a situation of normality. Minorities must also accept that a democratic society is governed by majority rule and the Rule of Law. The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity discusses four types of minorities: cultural groups, migrants, displaced persons, sexual minorities, and policy on minorities. The book is a detailed reference for graduates and scholars in law, human rights activism, political science, sociology and social psychology. The volume is also recommended for working professionals who operate with human rights groups and general readers (non-experts) who want to understand the discourse about human rights in a holistic (moral, legal, social, economic, and political) framework.
Author : Claudia Tavani
Publisher : Martinus Nijhoff Publishers
Page : 395 pages
File Size : 55,9 Mb
Release : 2012-09-03
Category : Social Science
ISBN : 9789004202610
Using Italy and the Roma as a case study, this book proves that non-discrimination provisions are not sufficient to protect the cultural identity of minorities: a system encompassing also the use of collective rights is better suited for this purpose.
Author : Silvia Borelli,Federico Lenzerini
Publisher : Martinus Nijhoff Publishers
Page : 460 pages
File Size : 53,7 Mb
Release : 2012-07-05
Category : Law
ISBN : 9789004228382
Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples as well with individual and collective human rights. Leading international scholars examine the new challenges determined by that evolution, reaching beyond only tangible artistic and monumental expression and paying particular attention to the linkages between cultural heritage, cultural diversity and human rights. As such, Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law offers a comprehensive and original overview of how the international approach to culture has evolved from a sovereignty-based idea of cultural property to a perception which emphasises the human dimension of cultural heritage.