Author: Gaetano Pentassuglia
Publisher: BRILL
ISBN: 9004328785
Category : Law
Languages : en
Pages : 389
Book Description
What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.
Ethno-Cultural Diversity and Human Rights
Author: Gaetano Pentassuglia
Publisher: BRILL
ISBN: 9004328785
Category : Law
Languages : en
Pages : 389
Book Description
What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.
Publisher: BRILL
ISBN: 9004328785
Category : Law
Languages : en
Pages : 389
Book Description
What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.
Taking Ethno-Cultural Diversity Seriously in Constitutional Design
Author: Solomon A. Dersso
Publisher: Martinus Nijhoff Publishers
ISBN: 9004205357
Category : Law
Languages : en
Pages : 280
Book Description
Using a legal and multidisciplinary approach towards empirical and prescriptive analysis of contemporary minority rights standards, this book defends and elaborates a robust minority rights framework for articulating a constitutional design responsive to the claims of ethno-cultural groups in Africa.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004205357
Category : Law
Languages : en
Pages : 280
Book Description
Using a legal and multidisciplinary approach towards empirical and prescriptive analysis of contemporary minority rights standards, this book defends and elaborates a robust minority rights framework for articulating a constitutional design responsive to the claims of ethno-cultural groups in Africa.
Human Rights in the Field of Comparative Education
Author: Heidi Biseth
Publisher: Springer Science & Business Media
ISBN: 9462091528
Category : Education
Languages : en
Pages : 181
Book Description
There is no single answer to the question: what are human rights? The answer depends on whom you ask. Several of the papers presented at Fourteenth World Congress of Comparative Education held at Bog ̆aziçi University in Istanbul, Turkey, in June 2010 discussed issues related to human rights from a comparative education viewpoint. The nine papers presented in this book spans from policy analysis to practices in classrooms. They include analyses of human rights from a regional or country perspective, including Greece, Jordan, the Latin American region, Morocco, Northern Ireland, Portugal, the UK, the US, and Turkey. In facilitating a clarification of the ways in which we understand and talk about human rights in the field of comparative education, the editors have analysed and visualized the chapter contributions using Marie-Bénédicte Dembour’s categorization of human rights discourses. This is a fruitful exercise as it unravels the fact that we do not always mean the same thing when talking about human rights and also sheds light on the issues within human rights to which we are silent, issues that we should conceivably be discussing. Our engagement in human rights seems to focus on using these rights as leverage to promote our arguments about education, not engaging in a more philosophical debate about human rights. Human rights can be used as an ethical lingua franca and thus providing a fertile ground for nuancing our understanding of human rights. Since we experience a huge gap between morality and reality, an engagement in the ethical perspectives of human rights can help us on the way to closing this gap.
Publisher: Springer Science & Business Media
ISBN: 9462091528
Category : Education
Languages : en
Pages : 181
Book Description
There is no single answer to the question: what are human rights? The answer depends on whom you ask. Several of the papers presented at Fourteenth World Congress of Comparative Education held at Bog ̆aziçi University in Istanbul, Turkey, in June 2010 discussed issues related to human rights from a comparative education viewpoint. The nine papers presented in this book spans from policy analysis to practices in classrooms. They include analyses of human rights from a regional or country perspective, including Greece, Jordan, the Latin American region, Morocco, Northern Ireland, Portugal, the UK, the US, and Turkey. In facilitating a clarification of the ways in which we understand and talk about human rights in the field of comparative education, the editors have analysed and visualized the chapter contributions using Marie-Bénédicte Dembour’s categorization of human rights discourses. This is a fruitful exercise as it unravels the fact that we do not always mean the same thing when talking about human rights and also sheds light on the issues within human rights to which we are silent, issues that we should conceivably be discussing. Our engagement in human rights seems to focus on using these rights as leverage to promote our arguments about education, not engaging in a more philosophical debate about human rights. Human rights can be used as an ethical lingua franca and thus providing a fertile ground for nuancing our understanding of human rights. Since we experience a huge gap between morality and reality, an engagement in the ethical perspectives of human rights can help us on the way to closing this gap.
Minorities and the Making of Postcolonial States in International Law
Author: Mohammad Shahabuddin
Publisher: Cambridge University Press
ISBN: 1108483674
Category : Law
Languages : en
Pages : 379
Book Description
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
Publisher: Cambridge University Press
ISBN: 1108483674
Category : Law
Languages : en
Pages : 379
Book Description
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
Encyclopedia of Race and Ethnic Studies
Author: Ellis Cashmore
Publisher: Routledge
ISBN: 113444706X
Category : Reference
Languages : en
Pages : 512
Book Description
The book comprises essays, each highlighting a particular word or term germane to the study of race and ethnic studies.
Publisher: Routledge
ISBN: 113444706X
Category : Reference
Languages : en
Pages : 512
Book Description
The book comprises essays, each highlighting a particular word or term germane to the study of race and ethnic studies.
Indigenous Peoples, Natural Resources and Permanent Sovereignty
Author: Andrea Mensi
Publisher: BRILL
ISBN: 9004523995
Category : Law
Languages : en
Pages : 347
Book Description
This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Publisher: BRILL
ISBN: 9004523995
Category : Law
Languages : en
Pages : 347
Book Description
This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Group Rights as Human Rights
Author: Neus Torbisco Casals
Publisher: Springer Science & Business Media
ISBN: 1402042094
Category : Law
Languages : en
Pages : 278
Book Description
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Publisher: Springer Science & Business Media
ISBN: 1402042094
Category : Law
Languages : en
Pages : 278
Book Description
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Essays on Culture, Religion and Rights
Author: Peter Jones
Publisher: ECPR Press
ISBN: 178661569X
Category : Political Science
Languages : en
Pages : 267
Book Description
Culture and religion are overlapping phenomena: cultures are normally understood to subsume religions, and religions are very often central to cultures. The two are particularly closely associated when we focus on the kinds of difference that generate issues for public policy. The world has always been culturally and religiously diverse, but recent movements of population have intensified the internal diversity of societies. That increased diversity has presented societies with a number of pressing questions. How much should cultural differences matter? Can they and should they be treated impartially? Should they receive equal recognition and what sort of recognition might that be? Are cultural and religious differences at odds with human rights thinking or do universal human rights demand respect for those differences? When the demands of a religious faith clash with those of a society's rules, which should take precedence? Should the religious have to endure whatever burdens their beliefs bring their way, or should they be accommodated so that their religious faith does not become a source of social disadvantage? Should they have to put up with unwelcome treatments of their beliefs or should they be protected from the offensive and the disrespectful? These are some of the many issues examined in Culture, Religion and Rights.
Publisher: ECPR Press
ISBN: 178661569X
Category : Political Science
Languages : en
Pages : 267
Book Description
Culture and religion are overlapping phenomena: cultures are normally understood to subsume religions, and religions are very often central to cultures. The two are particularly closely associated when we focus on the kinds of difference that generate issues for public policy. The world has always been culturally and religiously diverse, but recent movements of population have intensified the internal diversity of societies. That increased diversity has presented societies with a number of pressing questions. How much should cultural differences matter? Can they and should they be treated impartially? Should they receive equal recognition and what sort of recognition might that be? Are cultural and religious differences at odds with human rights thinking or do universal human rights demand respect for those differences? When the demands of a religious faith clash with those of a society's rules, which should take precedence? Should the religious have to endure whatever burdens their beliefs bring their way, or should they be accommodated so that their religious faith does not become a source of social disadvantage? Should they have to put up with unwelcome treatments of their beliefs or should they be protected from the offensive and the disrespectful? These are some of the many issues examined in Culture, Religion and Rights.
Seeking Justice in International Law
Author: Mauro Barelli
Publisher: Routledge
ISBN: 1317332180
Category : Law
Languages : en
Pages : 207
Book Description
Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.
Publisher: Routledge
ISBN: 1317332180
Category : Law
Languages : en
Pages : 207
Book Description
Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.
Non-Territorial Autonomy and Decentralization
Author: Tove H. Malloy
Publisher: Routledge
ISBN: 1000205681
Category : Political Science
Languages : en
Pages : 225
Book Description
This volume describes and analyzes alternative and emerging models of non-territorial autonomy (NTA), particularly in relation to decentralization. The authors push the NTA debate in new directions by offering a re-conceptualization based on ethno-cultural bottom-up decentralized action that redefines autonomy into its true sense of autonomous action. Through description, critical analysis, and evaluation of several case studies, this book assesses the potential for new paradigms within decentralized systems. The authors explore two approaches to political decentralization which add to the theoretical debate on NTA – network governance, which focuses on new dynamics in policy processes, and normative pluralism, which focuses on accommodating the distinctness of the groups through the subsidiarity principle with regard to their own affairs. The book explores the potential ramifications of ethno-cultural NTA institutions acting within the wider framework of state institutions and assesses the functions of these institutions as another dimension of decentralization and thus another ‘layer’ of democracy. With contemporary examples from Europe, the Middle East, Asia and South Africa, as well as theoretical aspects of the conceptualization of autonomy, this book offers a truly global perspective. It will be of great interest to policy-makers in countries experiencing adverse developments due to the pressure on public management, as well as advanced students and scholars questioning the ability of the Westphalian system to address cultural diversity.
Publisher: Routledge
ISBN: 1000205681
Category : Political Science
Languages : en
Pages : 225
Book Description
This volume describes and analyzes alternative and emerging models of non-territorial autonomy (NTA), particularly in relation to decentralization. The authors push the NTA debate in new directions by offering a re-conceptualization based on ethno-cultural bottom-up decentralized action that redefines autonomy into its true sense of autonomous action. Through description, critical analysis, and evaluation of several case studies, this book assesses the potential for new paradigms within decentralized systems. The authors explore two approaches to political decentralization which add to the theoretical debate on NTA – network governance, which focuses on new dynamics in policy processes, and normative pluralism, which focuses on accommodating the distinctness of the groups through the subsidiarity principle with regard to their own affairs. The book explores the potential ramifications of ethno-cultural NTA institutions acting within the wider framework of state institutions and assesses the functions of these institutions as another dimension of decentralization and thus another ‘layer’ of democracy. With contemporary examples from Europe, the Middle East, Asia and South Africa, as well as theoretical aspects of the conceptualization of autonomy, this book offers a truly global perspective. It will be of great interest to policy-makers in countries experiencing adverse developments due to the pressure on public management, as well as advanced students and scholars questioning the ability of the Westphalian system to address cultural diversity.