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Author: William Kurt Barth
Publisher: BRILL
ISBN: 9004168427
Category : Law
Languages : en
Pages : 273
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Book Description
This work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theoristsa (TM) account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.
Author: Elsa Stamatopoulou
Publisher: BRILL
ISBN: 9004157522
Category : Law
Languages : en
Pages : 353
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Book Description
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.
Author: Stephenson Chow
Publisher: BRILL
ISBN: 9004328580
Category : Law
Languages : en
Pages : 302
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Book Description
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: Francesco Francioni
Publisher: BRILL
ISBN: 9004162941
Category : Political Science
Languages : en
Pages : 381
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Book Description
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
ISBN: 9004312021
Category : Law
Languages : en
Pages : 400
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Book Description
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: Jane K. Cowan
Publisher: Cambridge University Press
ISBN: 9780521797351
Category : Law
Languages : en
Pages : 276
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Book Description
Part I: Setting universal rights
Author: Isfahan Merali
Publisher: University of Pennsylvania Press
ISBN: 0812205693
Category : Political Science
Languages : en
Pages : 286
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Book Description
The Universal Declaration of Human Rights, arguably the founding document of the human rights movement, fully embraces economic, social, and cultural rights, as well as civil and political rights, within its text. However, for most of the fifty years since the Declaration was adopted by the General Assembly of the United Nations, the focus of the international community has been on civil and political rights. This focus has slowly shifted over the past two decades. Recent international human rights treaties—such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women—grant equal importance to protecting and advancing nonpolitical rights. In this collection of essays, Isfahan Merali, Valerie Oosterveld, and a team of human rights scholars and activists call for the reintegration of economic, social, and cultural rights into the human rights agenda. The essays are divided into three sections. First the contributors examine traditional conceptualizations of human rights that made their categorization possible and suggest a more holistic rights framework that would dissolve such boundaries. In the second section they discuss how an integrated approach actually produces a more meaningful analysis of individual economic, social, and cultural rights. Finally, the contributors consider how these rights can be monitored and enforced, identifying ways international human rights agencies, NGOs, and states can promote them in the twenty-first century.
Author: William Kurt Barth
Publisher: BRILL
ISBN: 9004168427
Category : Law
Languages : en
Pages : 273
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Book Description
This work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theoristsa (TM) account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.
Author: Margot E. Salomon
Publisher: Minority Rights Group
ISBN: 190458425X
Category : Social Science
Languages : en
Pages : 132
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Book Description
In recent years, increased attention has been given to economic, social and cultural (ESC) rights internationally and, to a certain degree, domestically. However not enough has been done to consider fully and systematically the economic, social and cultural rights of minorities and indigenous peoples. This guide aims to bridge this gap. It provides an overview of ESC rights and how these can be applied to minorities and indigenous peoples. Aimed at minority and indigenous activists and those working with them, each chapter has been written by an expert on a particular right, who provides practical information and advice about the best ways to advocate for securing ESC rights. The chapters cover the rights to food and water, housing, health, education, labour and culture and describe the legal standards, enforcement mechanisms, and guidelines for successful civil society advocacy.
Author: Manisuli Ssenyonjo
Publisher: Bloomsbury Publishing
ISBN: 1509902031
Category : Law
Languages : en
Pages : 795
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Book Description
Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.
Author: Andrew N. Weintraub
Publisher: University of Illinois Press
ISBN: 0252056469
Category : Music
Languages : en
Pages : 282
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Book Description
Framing timely and pressing questions concerning music and cultural rights, this collection illustrates the ways in which music--as a cultural practice, a commercial product, and an aesthetic form--has become enmeshed in debates about human rights, international law, and struggles for social justice. The essays in this volume examine how interpretations of cultural rights vary across societies; how definitions of rights have evolved; and how rights have been invoked in relation to social struggles over cultural access, use, representation, and ownership. The individual case studies, many of them based on ethnographic field research, demonstrate how musical aspects of cultural rights play out in specific cultural contexts, including the Philippines, China, Hawaii, Peru, Ukraine, and Brazil. Contributors are Nimrod Baranovitch, Adriana Helbig, Javier F. Leon, Ana María Ochoa, Silvia Ramos, Helen Rees, Felicia Sandler, Amy Ku'uleialoha Stillman, Ricardo D. Trimillos, Andrew N. Weintraub, and Bell Yung.
