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Group Rights As Human Rights
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Book Synopsis Group Rights as Human Rights by : Neus Torbisco Casals
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.
Book Synopsis Handbook of Human Rights by : Thomas Cushman
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.
Book Synopsis Cultural Rights as Collective Rights by : Andrzej Jakubowski
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.
Book Synopsis Universal Human Rights in Theory and Practice by : Jack Donnelly
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
Book Synopsis International Human Rights by : Jack Donnelly
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.
Book Synopsis Human Rights Culture in Indonesia by : Maksimus Regus
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.
Book Synopsis The Tension Between Group Rights and Human Rights by : Koen De Feyter
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 318 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.
Book Synopsis Human Rights Issues and Vulnerable Groups by : J. Alberto del Real Alcala
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.
Book Synopsis The Accountability of Armed Groups under Human Rights Law by : Katharine Fortin
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.
Book Synopsis The Universal Declaration of Human Rights by :
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:
Book Synopsis The Protection of Vulnerable Groups under International Human Rights Law by : Ingrid Nifosi-Sutton
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.
Book Synopsis Human Rights: Group Defamation, Freedom of Expression and the Law of Nations by : Thomas David Jones
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.
Book Synopsis Human Rights by : Robert McCorquodale
Download or read book Human Rights written by Robert McCorquodale and published by Routledge. This book was released on 2017-11-22 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. Theories of human rights are important, as they can be a means to challenging entrenched and oppressive power. These key essays take a philosophical approach to human rights, questioning dominant theories and offering different perspectives on their application.
Download or read book Group Rights written by Peter Jones and published by Routledge. This book was released on 2022-03-24 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nowadays, rights are frequently ascribed to groups distinguished by their nationality, culture, religion or language. Rights are also commonly ascribed to institutionalised groups, such as states, businesses, trade unions and private associations. Yet the ascription of rights to groups remains deeply controversial. Many people reject the very idea of group rights. Amongst those who do not, there is radical disagreement about which sorts of group might possess rights and why. Some believe that group rights threaten the freedom and well-being of individuals, while others argue that the rights of groups can complement them. Some claim that group rights can also be human rights; others find that claim incoherent. The contributions making up this volume wrestle with these and many other of the issues that surround group rights. This volume brings together twenty-four of the journal articles that have contributed most significantly to contemporary thinking on group rights.
Book Synopsis The African Charter on Human and Peoples' Rights by : Rachel Murray
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.
Book Synopsis Human Rights, Ownership, and the Individual by : Rowan Cruft
Download or read book Human Rights, Ownership, and the Individual written by Rowan Cruft and published by Oxford University Press. This book was released on 2019-09-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system-that resembles markets but is not conceived in terms of rights-would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.
Book Synopsis Cultural Rights in International Law by : Elsa Stamatopoulou
Download or read book Cultural Rights in International Law written by Elsa Stamatopoulou and published by BRILL. This book was released on 2007 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
