Download or read book Group Rights as Human Rights written by Neus Torbisco Casals and published by Springer Science & Business Media. This book was released on 2006-06-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Handbook of Human Rights written by Thomas Cushman and published by Routledge. This book was released on 2012-02-20 with total page 1097 pages. Available in PDF, EPUB and Kindle. Book excerpt: In mapping out the field of human rights for those studying and researching within both humanities and social science disciplines, the Handbook of Human Rights not only provides a solid foundation for the reader who wants to learn the basic parameters of the field, but also promotes new thinking and frameworks for the study of human rights in the twenty-first century. The Handbook comprises over sixty individual contributions from key figures around the world, which are grouped according to eight key areas of discussion: foundations and critiques; new frameworks for understanding human rights; world religious traditions and human rights; social, economic, group, and collective rights; critical perspectives on human rights organizations, institutions, and practices; law and human rights; narrative and aesthetic dimension of rights; geographies of rights. In its presentation and analysis of the traditional core history and topics, critical perspectives, human rights culture, and current practice, this Handbook proves a valuable resource for all students and researchers with an interest in human rights.
Download or read book Universal Human Rights in Theory and Practice written by Jack Donnelly and published by Cornell University Press. This book was released on 2003 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: (unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book The Tension Between Group Rights and Human Rights written by Koen De Feyter and published by Bloomsbury Publishing. This book was released on 2008-07-31 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion of group rights, while always a part of the human rights discourse, has been gaining importance in the past decade. This discussion, which remains fundamental to a full realisation by the international community of its international human rights goals, requires careful analysis and empirical research. The present volume offers a great deal of material for both. It makes a strong case in favour of a multidisciplinary approach to human rights and explores the origins and social, anthropological and legal/political dimensions of human rights and internationally recognised group rights. It explores legal issues such as the reservations to international treaties and methodological questions, including the question of deliberative processes which allow seemingly absolute requirements of human rights to be reconciled with culturally sensitive norms prevailing within various groups. The discussion continues by looking at specific contexts, including the situations of women, school communities, ethnic and linguistic minorities, migrant communities and impoverished groups. The final part of the volume examines the 'state of play' of human rights and group rights in international law, in international relations and in the context of internationally sponsored development policies. Here the authors offer a meticulous and critical presentation of the legal regulation of human rights and group rights and point to numerous weaknesses which continue to exist and which call for additional work by legal thinkers and practitioners.
Download or read book Cultural Rights as Collective Rights written by Andrzej Jakubowski and published by BRILL. This book was released on 2016-07-21 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights Culture in Indonesia written by Maksimus Regus and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-06-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book On Human Rights written by James Griffin and published by OUP Oxford. This book was released on 2009-08-27 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Human Rights written by Jack Donnelly and published by Westview Press. This book was released on 2012-07-22 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights examines the ways in which states and other international actors have addressed human rights since the end of World War II. This unique textbook features substantial attention to theory, history, international and regional institutions, and the role of transnational actors in the protection and promotion of human rights. Its purpose is to explore the difficult and contentious politics of human rights, and how those political dimensions have been addressed at the national, regional, and especially international levels. The fifth edition is substantially updated, rewritten, and revised throughout, including updates on multilateral institutions (especially the UN's Universal Periodic Review process and the Human Rights Council's Special Procedures mechanisms), regional systems, human rights in foreign policy (including a specific chapter on U.S. foreign policy), humanitarian intervention and the "responsibility to protect," and (anti)terrorism and human rights. The book also includes a new chapter on the unity (indivisibility) of human rights. Chapters include discussion questions, case studies for in-depth examination of topics (including new case studies on the U.N. Special Procedures, Myanmar, and Israeli settlements in West-Bank Palestine), and ten "problems" (including new entries on the war in Syria and hierarchies between human rights) tailored to promote classroom discussion.
Download or read book The Accountability of Armed Groups under Human Rights Law written by Katharine Fortin and published by Oxford University Press. This book was released on 2017-08-11 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
Download or read book The Protection of Vulnerable Groups under International Human Rights Law written by Ingrid Nifosi-Sutton and published by Taylor & Francis. This book was released on 2017-07-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of vulnerable groups varies under international human rights law. Depending on the group at stake, protection may be more or less advanced. In some cases, the international community has deemed it necessary to adopt conventions providing for the rights of certain vulnerable groups and establishing mechanisms to verify State compliance. Other groups have not been the focus of States’ standard-setting endeavours, but their protection still falls within the scope of human rights treaties of general application and the mandate of their respective monitoring bodies. This book takes an innovative approach to the investigation of the international legal protection of vulnerable groups. Rather than examining the situation of a number of vulnerable groups and applicable international or regional conventions, this book reviews the overall scope of the protection of vulnerable groups under International Human Rights Law. This book conceptualizes the protection of vulnerable groups as an underlying and essential component of International Human Rights Law through a systematic and comprehensive analysis of international human rights law instruments and relevant practice of international and regional human rights monitoring bodies. The book illuminates how human rights monitoring bodies foster protection of vulnerable groups and their members at the domestic level, and underscores and assesses vulnerability paradigms these bodies have elaborated. The book also puts forward a legal definition of vulnerable groups. This book will be of great interest to students and scholars of international human rights law.
Download or read book Human Rights Group Defamation Freedom of Expression and the Law of Nations written by Thomas David Jones and published by BRILL. This book was released on 2021-09-27 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his book Human Rights: Group Defamation, Freedom of Expression and the Law of Nations, Thomas David Jones presents a discussion and analysis of the laws governing group defamation and speech inciteful of racial hatred in Great Britain, Canada, India, Nigeria, and the United States. Although there exists no federal group defamation law in the United States, a few state legislatures have promulgated group defamation statutes, while a cause of action for group defamation has been recognized as justiciable in the decision law of other states. Mr Jones describes his theory as constitutional minimalism because he does not advocate the legal proscription of all derogatory hate speech. Only the sub-category of hate speech that fulfills the standard elements of proof found in common law defamation claim will be prosecuted criminally by the federal government. The author further asserts that a carefully and narrowly drafted federal criminal group defamation statute will pass constitutional muster without creating a conflict with First Amendment rights.
Download or read book The IMF the World Bank Group and the Question of Human Rights written by Bahram Ghazi and published by BRILL. This book was released on 2021-10-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The IMF, The World Bank Group, and the Question of Human Rights explores various issues facing international financial institutions and their obligations to adhere to human rights norms. Bahram Ghazi gets to the heart of the most important issues facing the global community today: namely, how to reconcile globalization and the activities of the World Bank and the IMF with the implementation of international human rights rules. His comprehensive work explains the relation between economy, finance, and investments and their impact on the human rights situation. Using an interdisciplinary approach, the author incorporates historical, political, economic, financial, and institutional dimensions into his analysis. The IMF, The World Bank Group, and the Question of Human Rights is the fourth volume to be published in Transnational’s International Law and Development series, edited by Raj Bhala. Published under the Transnational Publishers imprint.
Download or read book Human Rights Issues and Vulnerable Groups written by J. Alberto del Real Alcala and published by Bentham Science Publishers. This book was released on 2017-11-13 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume covers topics related to human rights issues and problems of people who are overwhelmed by hostile situations around them and are subsequently rendered vulnerable. The situations of vulnerability discussed in this book are related to suffering caused by the moral, family, social, economic or political conditions in which the people, and the groups they belong to, live. Readers are guided through a discussion about rights, as an instrument through which civil society and the ‘Rule of Law’ try to curb or even eliminate the suffering of these people. The aim of such efforts is to restore the situation of vulnerable people to a level of normality. Human Rights Issues and Vulnerable Groups presents a discussion of issues surrounding several kinds of vulnerable groups: minorities, children, gender groups, persons with disabilities, migrants, cultural groups, displaced persons, victims of terrorism, linguistic groups, poor people, people in prison and sexual minorities. The book is a detailed reference for graduates and scholars in law, political science, sociology and social psychology. The volume is also recommended for working professionals who operate with human rights groups and general readers (non-experts) who want to understand the discourse about human rights in a holistic (moral, legal, social, economic, and political) framework.
Download or read book Ethno Cultural Diversity and Human Rights written by Gaetano Pentassuglia and published by BRILL. This book was released on 2017-11-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights written by David Kinley and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos
Download or read book The African Charter on Human and Peoples Rights written by Rachel Murray and published by Oxford University Press. This book was released on 2019-02-07 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.
