Group Rights As Human Rights
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| Author | : Neus Torbisco Casals |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 278 |
| Release | : 2006-06-30 |
| Genre | : Law |
| ISBN | : 1402042094 |
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.
| Author | : Thomas Cushman |
| Publisher | : Routledge |
| Total Pages | : 1097 |
| Release | : 2012-02-20 |
| Genre | : Philosophy |
| ISBN | : 1134019076 |
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.
| Author | : Maksimus Regus |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 297 |
| Release | : 2021-06-08 |
| Genre | : Religion |
| ISBN | : 311069607X |
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 | : Jack Donnelly |
| Publisher | : Cornell University Press |
| Total Pages | : 308 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9780801487767 |
(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
| Author | : Andrzej Jakubowski |
| Publisher | : BRILL |
| Total Pages | : 400 |
| Release | : 2016-07-11 |
| Genre | : Law |
| ISBN | : 9004312021 |
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 | : J. Alberto del Real Alcala |
| Publisher | : Bentham Science Publishers |
| Total Pages | : 312 |
| Release | : 2017-11-13 |
| Genre | : Political Science |
| ISBN | : 1681085763 |
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.
| Author | : Koen De Feyter |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 326 |
| Release | : 2008-07-31 |
| Genre | : Political Science |
| ISBN | : 1847314414 |
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.
| Author | : |
| Publisher | : |
| Total Pages | : 32 |
| Release | : 1978 |
| Genre | : Civil rights |
| ISBN | : |
| Author | : Rachel Murray |
| Publisher | : Oxford University Press |
| Total Pages | : 720 |
| Release | : 2019-02-07 |
| Genre | : Law |
| ISBN | : 0192538586 |
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.
| Author | : Ingrid Nifosi-Sutton |
| Publisher | : Taylor & Francis |
| Total Pages | : 304 |
| Release | : 2017-07-06 |
| Genre | : Law |
| ISBN | : 1317560728 |
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.
