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| Author | : Andrzej Jakubowski |
| Publisher | : BRILL |
| Total Pages | : 400 |
| Release | : 2016-07-11 |
| Genre | : Law |
| ISBN | : 9004312021 |
Download Cultural Rights as Collective Rights Book in PDF, ePub and Kindle
Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights. Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.
| Author | : Yvonne Donders |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
Download Foundations of Collective Cultural Rights in International Human Rights Law Book in PDF, ePub and Kindle
Although collective cultural rights are included in international human rights law, their precise place and their nature and significance are not well-explored or understood. This paper aims to show where collective cultural rights can be found in international human rights law and explore how these rights fit in the general body and framework of international human rights law. The starting point in this chapter is international human rights law, which implies that the analysis of collective cultural rights is framed by positive law and international legal instruments, such as treaties and conventions, as well as by soft law instruments, such as declarations, recommendations and resolutions. In this paper, the two categories of collective rights and cultural rights are defined, drawing a distinction between a) different types of collective rights, including rights for collectivities as such, rights for individuals as members of collectivities, and rights with a collective interest or object; and b) between different types of cultural rights, including rights that explicitly refer to 'culture' and rights that relate to culture or have a cultural dimension. This paper furthermore analyses various contentious issues surrounding collective rights and cultural rights in international human rights law, including the lack of clarity on the object and subject of these rights. The paper then outlines the different forms of collective cultural rights in international human rights law, by providing examples of legal provisions in international human rights law that can be classified as collective cultural rights. Finally, the paper elaborates on how collective subjects and collective cultural interests are integrated in international human rights law and analyses how and to what extent collective cultural rights provisions provide answers to the above-noted issues.
| Author | : Claudia Tavani |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 394 |
| Release | : 2012-09-03 |
| Genre | : Law |
| ISBN | : 9004233830 |
Download Collective Rights and the Cultural Identity of the Roma Book in PDF, ePub and Kindle
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 | : Francesco Francioni |
| Publisher | : BRILL |
| Total Pages | : 381 |
| Release | : 2008 |
| Genre | : Political Science |
| ISBN | : 9004162941 |
Download Cultural Human Rights Book in PDF, ePub and Kindle
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 | : Stephenson Chow |
| Publisher | : BRILL |
| Total Pages | : 302 |
| Release | : 2018-01-22 |
| Genre | : Law |
| ISBN | : 9004328580 |
Download Cultural Rights in International Law and Discourse Book in PDF, ePub and Kindle
Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.
| Author | : Unesco |
| Publisher | : |
| Total Pages | : 232 |
| Release | : 1998 |
| Genre | : Cultural policy |
| ISBN | : |
Download Cultural Rights and Wrongs Book in PDF, ePub and Kindle
| Author | : Michel Seymour |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : |
| Release | : 2017-11-27 |
| Genre | : Political Science |
| ISBN | : 0773552499 |
Download A Liberal Theory of Collective Rights Book in PDF, ePub and Kindle
Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics?
| Author | : Elissavet Stamatopoulou-Robbins |
| Publisher | : BRILL |
| Total Pages | : 352 |
| Release | : 2007-04-30 |
| Genre | : Law |
| ISBN | : 9047419936 |
Download Cultural Rights in International Law Book in PDF, ePub and Kindle
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. This book is the second volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.
| Author | : Maksimus Regus |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 297 |
| Release | : 2021-06-08 |
| Genre | : Religion |
| ISBN | : 311069607X |
Download Human Rights Culture in Indonesia Book in PDF, ePub and Kindle
Drawing on human rights discourse and a study of the difficulties faced by religious minority groups (using the Ahmadiyya minority group as a case study), this book presents three interconnected challenges to human rights culture in Indonesia. First, it presents a normative challenge, describing the gap between philosophical and normative principles of human rights on one side and the overall problems and critical issues of human rights at national and local levels on the other. Second, it considers the political problems in developing and strengthening human rights culture. The political challenge addresses the ability (or inability) of the state to guarantee the rights of certain individuals and minority groups. Third, it examines the sociological challenge of majority-minority group relationships in human rights discourse and practices. This book describes the background of human rights in Indonesia and reviews the previous literature on the issue. It also presents a comprehensive review of the discourses about human rights and political changes in contemporary Indonesia. The analysis focuses on how human rights challenges affect the situation of religious minorities, looking in particular at the Ahmadiyya as a minority group that experiences human rights violations such as discrimination, persecution, and violence. The study fills out its treatment of these issues by examining the involvement of actors both from the state and society, addressing also the politics of human rights protection.
| Author | : Mashood A. Baderin |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 536 |
| Release | : 2007 |
| Genre | : Business & Economics |
| ISBN | : |
Download Economic, Social and Cultural Rights in Action Book in PDF, ePub and Kindle
The protection of economic, social and cultural rights is vital for everyone, no matter where they live. This volume sets out some of the important legal issues about these rights, including who has obligations, when they apply and how they are relevant to contemporary concerns, such as trade and democracy.
