The Tension Between Culture And Human Rights
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The Culturalization Of Human Rights Law
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Author : Federico Lenzerini
language : en
Publisher: Oxford University Press
Release Date : 2014
The Culturalization Of Human Rights Law written by Federico Lenzerini and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
International human rights law was originally focused on universal individual rights. This text examines the developments which have seen it change to a multi-cultural approach, one more sensitive to the cultures of the people directly affected by them. It argues that this can provide benefits, but that aspects of universalism must be retained.
Legal Cultures And Human Rights
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Author : Kirsten Hastrup
language : en
Publisher: BRILL
Release Date : 2021-08-04
Legal Cultures And Human Rights written by Kirsten Hastrup and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with Law categories.
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.
Human Rights In The War On Terror
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Author : Richard Wilson
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-03
Human Rights In The War On Terror written by Richard Wilson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-03 with Law categories.
This book reviews the war on terror since 9/11 from a human rights perspective.
Domesticating Human Rights
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Author : Fidèle Ingiyimbere
language : en
Publisher: Springer
Release Date : 2017-05-26
Domesticating Human Rights written by Fidèle Ingiyimbere and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-26 with Philosophy categories.
This book develops a philosophical conception of human rights that responds satisfactorily to the challenges raised by cultural and political critics of human rights, who contend that the contemporary human rights movement is promoting an imperialist ideology, and that the humanitarian intervention for protecting human rights is a neo-colonialism. These claims affect the normativity and effectiveness of human rights; that is why they have to be taken seriously. At the same time, the same philosophical account dismisses the imperialist crusaders who support the imperialistic use of human rights by the West to advance liberal culture. Thus, after elaborating and exposing these criticisms, the book confronts them to the human rights theories of John Rawls and Jürgen Habermas, in order to see whether they can be addressed. Unfortunately, they are not. Therefore, having shown that these two philosophical accounts of human rights do not respond convincingly to those the postco lonial challenges, the book provides an alternative conception that draws the understanding of human rights from local practices. It is a multilayer conception which is not centered on state, but rather integrates it in a larger web of actors involved in shaping the practice and meaning of human rights. Confronted to the challenges, this new conception offers a promising way for addressing them satisfactorily, and it even sheds new light to the classical questions of universality of human rights, as well as the tension between universalism and relativism.
Cultural Rights As Collective Rights
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Author : Andrzej Jakubowski
language : en
Publisher: BRILL
Release Date : 2016-07-21
Cultural Rights As Collective Rights written by Andrzej Jakubowski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-21 with Law categories.
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.
Cultural Human Rights
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Author : Francesco Francioni
language : en
Publisher: BRILL
Release Date : 2008
Cultural Human Rights written by Francesco Francioni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Political Science categories.
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.
Democracy And Human Rights In Multicultural Societies
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Author : Matthias Koenig
language : en
Publisher: Routledge
Release Date : 2007
Democracy And Human Rights In Multicultural Societies written by Matthias Koenig and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Examines the political governance of cultural diversity, specifically how public policy-making has dealt with the claims for cultural recognition expressed by ethno-national movements, language groups, religious minorities, and migrant communities. This book aims to understand public-policy responses to ethnic, linguistic and religious diversity.
Heritage Culture And Rights
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Author : Andrea Durbach
language : en
Publisher: Hart Publishing
Release Date : 2014
Heritage Culture And Rights written by Andrea Durbach and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Cultural property categories.
Human Rights
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Author : Michael Freeman
language : en
Publisher: Polity
Release Date : 2002-12-02
Human Rights written by Michael Freeman and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-02 with Political Science categories.
Human Rights is an introductory text that is both innovative and challenging. It invites students to think conceptually about one of the most important and influential political concepts of our time. In this unique interdisciplinary approach, Michael Freeman emphasizes the complex ways in which the experiences of the victims of human rights violations are related to legal, philosophical and social-scientific approaches to human rights. By tracing the history of the concept, the book shows that there is a fundamental tension between the philosophy of human rights and the way in which it is understood in the social sciences. This analysis throws light on some of the most controversial issues in the field: Is the idea of the universality of human rights consistent with respect for cultural difference? Are there collective human rights? Should feminists embrace, revise or reject the idea of human rights? Does the idea of human rights distract our attention from the structural causes of oppression and exploitation? What are the underlying causes of human rights violations? And why do some countries have much worse human rights records than others? The book will appeal to students in the social sciences, as well as students of human rights law who want an introduction to the non-legal aspects of their subject. It will also be read by scholars interested in ethics and the social sciences, as well as the general reader.
Human Dignity In Asia
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Author : Jimmy Chia-Shin Hsu
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-15
Human Dignity In Asia written by Jimmy Chia-Shin Hsu and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-15 with Political Science categories.
Using interdisciplinary methods, this book is a pioneering exploration of Asian understandings of human dignity and human rights. It encompasses rigorous scrutiny of dignity jurisprudence in major Asian apex courts, detailed philosophical analysis of dignity in religious traditions, and contextualized socio-political analysis of religious dignity discourse in several Asian societies. This is an innovative systematic survey of how human dignity is understood in Asia, demonstrating how those understandings converge and diverge with other parts of the world. Synthesising legal, philosophical, and sociological expertise, this volume furthers the dialogue between Asia and the West, and advances debates on whether human rights are universal or particular to any one region. As many of the world's liberal democracies are challenged by polarization and populism, this comparative study of human dignity broadens our horizons and offers a potential alternative to a rigidified social imagination.