Search Results for "cultural-rights-in-international-law-and-discourse"

Cultural Rights in International Law and Discourse

Cultural Rights in International Law and Discourse

Contemporary Challenges and Interdisciplinary Perspectives

  • Author: Stephenson Chow
  • Publisher: BRILL
  • ISBN: 9004328580
  • Category: Law
  • Page: 300
  • View: 7055
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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.

Cultural Rights in International Law

Cultural Rights in International Law

Article 27 of the Universal Declaration of Human Rights and Beyond

  • Author: Elsa Stamatopoulou
  • Publisher: BRILL
  • ISBN: 9004157522
  • Category: Law
  • Page: 333
  • View: 6864
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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.

Human Rights and Development in International Law

Human Rights and Development in International Law

  • Author: Tahmina Karimova
  • Publisher: Routledge
  • ISBN: 1317351657
  • Category: Law
  • Page: 337
  • View: 1486
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This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.

Justifications of Minority Protection in International Law

Justifications of Minority Protection in International Law

  • Author: Athanasia Spiliopoulou Åkermark
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041104243
  • Category: Law
  • Page: 331
  • View: 6788
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1993-1995.

Environmental Discourses in Public and International Law

Environmental Discourses in Public and International Law

  • Author: Brad Jessup,Kim Rubenstein
  • Publisher: Cambridge University Press
  • ISBN: 1107019427
  • Category: Law
  • Page: 536
  • View: 725
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How do dominant views and arguments about environmental problems traverse and connect international and public law?

Minority Groups and Judicial Discourse in International Law

Minority Groups and Judicial Discourse in International Law

A Comparative Perspective

  • Author: Gaetano Pentassuglia
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004176721
  • Category: Law
  • Page: 276
  • View: 7873
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Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies, particularly in the Americas, Africa and Europe in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group's perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative practical and theoretical perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

The African Commission on Human and People's Rights and International Law

The African Commission on Human and People's Rights and International Law

  • Author: Rachel Murray
  • Publisher: Hart Publishing
  • ISBN: 1841131229
  • Category: Law
  • Page: 316
  • View: 5502
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2. Rights of NGOs

Economic, Social, and Cultural Rights in Armed Conflict

Economic, Social, and Cultural Rights in Armed Conflict

  • Author: Gilles Giacca
  • Publisher: OUP Oxford
  • ISBN: 0191026913
  • Category: Law
  • Page: 414
  • View: 3055
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This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

Human Rights

Human Rights

A Political and Cultural Critique

  • Author: Makau Mutua
  • Publisher: University of Pennsylvania Press
  • ISBN: 0812204158
  • Category: Political Science
  • Page: 264
  • View: 771
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In 1948 the United Nations adopted the Universal Declaration of Human Rights, and with it a profusion of norms, processes, and institutions to define, promote, and protect human rights. Today virtually every cause seeks to cloak itself in the righteous language of rights. But even so, this universal reliance on the rights idiom has not succeeded in creating common ground and deep agreement as to the scope, content, and philosophical bases for human rights. Makau Mutua argues that the human rights enterprise inappropriately presents itself as a guarantor of eternal truths without which human civilization is impossible. Mutua contends that in fact the human rights corpus, though well meaning, is a Eurocentric construct for the reconstitution of non-Western societies and peoples with a set of culturally biased norms and practices. Mutua maintains that if the human rights movement is to succeed, it must move away from Eurocentrism as a civilizing crusade and attack on non-European peoples. Only a genuine multicultural approach to human rights can make it truly universal. Indigenous, non-European traditions of Asia, Africa, the Pacific, and the Americas must be deployed to deconstruct—and to reconstruct—a universal bundle of rights that all human societies can claim as theirs.

Gender, Culture and Human Rights

Gender, Culture and Human Rights

Reclaiming Universalism

  • Author: Siobhán Mullally
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847311555
  • Category: Law
  • Page: 287
  • View: 7693
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In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

Human Rights

Human Rights

Universality and Diversity

  • Author: Eva Brems
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041116185
  • Category: Law
  • Page: 574
  • View: 3562
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2.2. In the CRC.

A Handbook of International Human Rights Terminology

A Handbook of International Human Rights Terminology

  • Author: H. Victor Condä
  • Publisher: U of Nebraska Press
  • ISBN: 9780803215344
  • Category: Law
  • Page: 393
  • View: 7190
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This newly revised, greatly expanded, and updated edition is the essential tool for navigating the language of international human rights related to law, jurisprudence, politics, diplomacy, and philosophy. Broadening the scope and enhancing our understanding of international human rights, the second edition of A Handbook of International Human Rights Terminology contains over four hundred new commonly used key terms and acronyms as well as corrections to terms that have taken on new meaning since the publication of the original. It also includes new treaty instruments and citations of important human rights instruments. Designed to be accessible to persons from different systems and regions of the world, this handbook fills an important void in the burgeoning discourse of international human rights and will become a vital reference work for specialists, students, and newcomers to this field.

Ethno-Cultural Diversity and Human Rights

Ethno-Cultural Diversity and Human Rights

Challenges and Critiques

  • Author: Gaetano Pentassuglia
  • Publisher: BRILL
  • ISBN: 9004328785
  • Category: Political Science
  • Page: 392
  • View: 7179
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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.

International Poverty Law

International Poverty Law

An Emerging Discourse

  • Author: Lucy Williams
  • Publisher: Zed Books
  • ISBN: 9781842776858
  • Category: Law
  • Page: 250
  • View: 1207
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This book seeks to advance the emerging field of international poverty law. While law and development discourse has dealt with international poverty, advocates of poverty reduction customarily operate within a nation-state context. The contributors to this volume, while largely, although not exclusively, relying on human rights discourse and United Nations, International Labour Organization and World Trade Organization initiatives as their primary legal sources, begin to position international poverty law as a legitimate field for transnational, multidisciplinary legal research and dialogue. While critiquing both legal theory and current policy, they nevertheless open up a constructive prospect of specific arenas in which the development of international poverty law can contribute to addressing poverty reduction.The opening chapters of this volume provide a framework within which to position the future theoretical development of international poverty law. The rest of the book explores specific human rights initiatives that address particular aspects of poverty. These include an overview of human rights conventions and how they can be connected to international poverty law; measures required to counter the tendency of intellectual property law as applied to biological products and processes to undermine food security; the right to food as framed in United Nations development documents; the potential role that voluntary codes of conduct currently being adopted by some transnational corporations might play in poverty reduction; and the startlingly important development in the new South Africa of an alternative vision of constitutional law that takes account of international human rights instruments in moving towards rendering social and economic rights justifiable.

The Human Rights Culture

The Human Rights Culture

A Study in History and Context

  • Author: Lawrence Meir Friedman,Lawrence M. Friedman
  • Publisher: Quid Pro Books
  • ISBN: 1610270738
  • Category: Social Science
  • Page: 202
  • View: 6358
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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.

Transformations in Medieval and Early-Modern Rights Discourse

Transformations in Medieval and Early-Modern Rights Discourse

  • Author: Virpi Mäkinen,Petter Korkman
  • Publisher: Springer Science & Business Media
  • ISBN: 9781402042119
  • Category: History
  • Page: 316
  • View: 521
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Rights language is a fundamental feature of the modern world. Virtually all significant social and political struggles are waged, and have been waged for over a century now, in terms of rights claims. In some ways, it is precisely the birth of modern rights language that ushers in modernity in terms of moral and political thought, and the struggle for a modern way of life seems for many synonymous with the fight for a universal recognition of equal, individual human rights. Where did modern rights language come from? What kinds of rights discourses is it rooted in? What is the specific nature of modern rights discourse; when and where were medieval and ancient notions of rights transformed into it? Can one in fact find any single such transformation of medieval into modern rights discourse? The present volume brings together some of the most central scholars in the history of medieval and early-modern rights discourse. Through the different angles taken by its authors, the volume brings to light the multifaceted nature of rights languages in the medieval and early modern world.

International Humanitarian Law and International Human Rights Law

International Humanitarian Law and International Human Rights Law

  • Author: Orna Ben-Naftali
  • Publisher: Oxford University Press
  • ISBN: 0191001600
  • Category: Law
  • Page: 388
  • View: 9040
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Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.

HUMAN RIGHTS LAW AND PRACTICE

HUMAN RIGHTS LAW AND PRACTICE

  • Author: JATINDRA KUMAR DAS
  • Publisher: PHI Learning Pvt. Ltd.
  • ISBN: 8120352726
  • Category: Law
  • Page: 848
  • View: 8834
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The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It also evaluates the ongoing discourse on various issues relating to life, liberty, equality and human dignity and their reflections in international human rights law referring the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development and theories of human rights at preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human right to development and protection of environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The latter part of the book emphasises on the protection of rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang).Though the book is primarily designed for LLB, BA LLB and LLM and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society.

Indigenous Rights in the Age of the UN Declaration

Indigenous Rights in the Age of the UN Declaration

  • Author: Elvira Pulitano
  • Publisher: Cambridge University Press
  • ISBN: 1107022444
  • Category: Law
  • Page: 352
  • View: 1397
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Elvira Pulitano examines the relevance of international law in advancing indigenous peoples' struggles for self-determination and cultural flourishing.

Legal Practice and Cultural Diversity

Legal Practice and Cultural Diversity

  • Author: N.A
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 9780754675471
  • Category: Law
  • Page: 345
  • View: 7068
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This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.