The Concept of Group Rights in International Law

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Publisher :
ISBN 13 : 9786613909640
Total Pages : 243 pages
Book Rating : 4.9/5 (96 download)

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Book Synopsis The Concept of Group Rights in International Law by : Corsin Bisaz

Download or read book The Concept of Group Rights in International Law written by Corsin Bisaz and published by . This book was released on 2012 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

Groups and Group Rights

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ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Groups and Group Rights by : Christine T. Sistare

Download or read book Groups and Group Rights written by Christine T. Sistare and published by . This book was released on 2001 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In matters such as affirmative action or home schooling, rights of ethnic and other minority groups often come into conflict with those of society in a culturally diverse population such as ours. But before considering the dilemmas posed by these issues, we must first ask such basic but important questions as what group rights are and how they intersect with the principles of democracy. This new collection brings together some of today's leading thinkers from the cutting edge of these debates, taking in a broad range of issues confronting philosophers, sociologists, and political scientists. Contributors such as Carl Wellman, Carol Gould, and Rex Martin examine the nature of groups and the conflict between group rights and democracy and also consider case studies depicting current issues in cultural, ethnic, and religious rights. The first section, on the nature of groups, examines some of the perplexing alternatives in the formulation of a theory of group rights. These articles investigate the kinds of rights minorities might claim and ask when groups can be held responsible for the acts of some of their members. The second section addresses the treatment of groups in a democracy and the precarious balance between indifference toward minorities and capitulation to their demands. Here the contributors examine five principles for the sensitive treatment of minority and disadvantaged groups in a democratic society. A final section explores specific conflicts between subgroup and societal claims through case studies dealing with affirmative action, religious practice and the education of children, and the land rights of indigenous peoples. By drawing on the legal and political dilemmas related to these cases, the authors confront issues of core versus peripheral interests, of individual member versus subgroup rights, and of the possibilities for social openness raised in the preceding sections Written from varied perspectives, Groups and Group Rights offers stimulating reading for both students and professionals as it takes on some of the most pressing dilemmas confronting our society.

Group Rights

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Publisher : Routledge
ISBN 13 : 1351932055
Total Pages : 558 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Group Rights by : Peter Jones

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.

Group Rights as Human Rights

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Publisher : Springer Science & Business Media
ISBN 13 : 1402042094
Total Pages : 278 pages
Book Rating : 4.4/5 (2 download)

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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.

Rights, Groups, and Self-Invention

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Publisher : Routledge
ISBN 13 : 1351149989
Total Pages : 215 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Rights, Groups, and Self-Invention by : Eric J. Mitnick

Download or read book Rights, Groups, and Self-Invention written by Eric J. Mitnick and published by Routledge. This book was released on 2018-01-18 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Group-differentiated rights, or rights that attach on the basis of membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern pluralistic legal systems. Eric Mitnick offers the first comprehensive treatment of this important form of right. The book describes and critically assesses the group-differentiated form of 'right' from within analytical, constitutive and liberal theory. It further examines the extent to which group-differentiated rights constitute aspects of human identity, and it asks whether this should be a cause for concern from the perspective of liberal theory. The more detailed normative work advanced in the book contextually applies the constitutive understanding of rights and the principles of liberal membership to particular examples of group-differentiated citizenship. Such examples range from ascriptive statuses such as slavery and alienage, to more affirmative classifications, such as those apparent in the contexts of civil unions and affirmative action, finally to the claims of religious and other cultural groups for official recognition and accommodation of group-based beliefs and practices.

Community and Collective Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317782
Total Pages : 260 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Community and Collective Rights by : Dwight Newman

Download or read book Community and Collective Rights written by Dwight Newman and published by Bloomsbury Publishing. This book was released on 2011-07-13 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.

Human Rights Issues and Vulnerable Groups

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Publisher : Bentham Science Publishers
ISBN 13 : 1681085763
Total Pages : 312 pages
Book Rating : 4.6/5 (81 download)

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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.

The Morality of Groups

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ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis The Morality of Groups by : Larry May

Download or read book The Morality of Groups written by Larry May and published by . This book was released on 1987 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paperbound edition of a 1987 work which began a series on ethics in economics and business. May argues that the structure of social groups influences the behavior of their members, and that groups should be given different moral status from individuals. He discusses mobs, corporations, and other groups in terms of collective action, responsibility, and rights. Annotation copyrighted by Book News, Inc., Portland, OR

The Tension Between Group Rights and Human Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847314414
Total Pages : 318 pages
Book Rating : 4.8/5 (473 download)

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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.

Migrant Women Transforming Citizenship

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Publisher : Routledge
ISBN 13 : 1317096630
Total Pages : 232 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Migrant Women Transforming Citizenship by : Umut Erel

Download or read book Migrant Women Transforming Citizenship written by Umut Erel and published by Routledge. This book was released on 2016-04-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migrant Women Transforming Citizenship develops essential insights concerning the notion of transnational citizenship by means of the life stories of skilled and educated migrant women from Turkey in Germany and Britain. It interweaves and develops theories of citizenship, identity and culture with the lived experiences of an immigrant group that has so far received insufficient attention. By focusing on the British and German contexts, it introduces a much needed European and comparative perspective, whilst exploring the ways in which diverging concepts and policies of citizenship allow for a differentiated examination of ethnicity, gender, multiculturalism and citizenship in Europe. Presenting a significant and welcome contribution to our understanding of the complexities of multiculturalism it challenges Orientalist images of women as backward and oppressed. Through engagement with the changing realities of education, work, intimacy, family and social activism, this volume provides a situated account of how the concepts of citizenship, transnationality and culture play out in actual social relations. With its rich empirical material the book explores how migrant women create new practices and meanings of belonging across boundaries. Critiquing dominant multiculturalist and anti-multiculturalist accounts, this book suggests how citizenship debates can be reframed to be inclusive of migrant women as actors. As such it will appeal to those working across a range of social sciences, including sociology and the sociology of work, race and ethnicity; citizenship, cultural and gender studies, as well as anthropology and social and public policy.

Analyzing Oppression

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Publisher : Oxford University Press
ISBN 13 : 0198040571
Total Pages : 296 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Analyzing Oppression by : Ann E. Cudd

Download or read book Analyzing Oppression written by Ann E. Cudd and published by Oxford University Press. This book was released on 2006-04-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing Oppression presents a new, integrated theory of social oppression, which tackles the fundamental question that no theory of oppression has satisfactorily answered: if there is no natural hierarchy among humans, why are some cases of oppression so persistent? Cudd argues that the explanation lies in the coercive co-opting of the oppressed to join in their own oppression. This answer sets the stage for analysis throughout the book, as it explores the questions of how and why the oppressed join in their oppression. Cudd argues that oppression is an institutionally structured harm perpetrated on social groups by other groups using direct and indirect material, economic, and psychological force. Among the most important and insidious of the indirect forces is an economic force that operates through oppressed persons' own rational choices. This force constitutes the central feature of analysis, and the book argues that this force is especially insidious because it conceals the fact of oppression from the oppressed and from others who would be sympathetic to their plight. The oppressed come to believe that they suffer personal failings and this belief appears to absolve society from responsibility. While on Cudd's view oppression is grounded in material exploitation and physical deprivation, it cannot be long sustained without corresponding psychological forces. Cudd examines the direct and indirect psychological forces that generate and sustain oppression. She discusses strategies that groups have used to resist oppression and argues that all persons have a moral responsibility to resist in some way. In the concluding chapter Cudd proposes a concept of freedom that would be possible for humans in a world that is actively opposing oppression, arguing that freedom for each individual is only possible when we achieve freedom for all others.

The Tension Between Group Rights and Human Rights

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Publisher :
ISBN 13 : 9781472564443
Total Pages : 312 pages
Book Rating : 4.5/5 (644 download)

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Book Synopsis The Tension Between Group Rights and Human Rights by : Koen Feyter

Download or read book The Tension Between Group Rights and Human Rights written by Koen Feyter and published by . This book was released on 2008 with total page 312 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 rig.

Civic Virtues

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Publisher : Oxford University Press, USA
ISBN 13 : 0195106342
Total Pages : 273 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Civic Virtues by : Richard Dagger

Download or read book Civic Virtues written by Richard Dagger and published by Oxford University Press, USA. This book was released on 1997 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dagger argues for a republican liberalism that, while celebrating the liberal heritage of autonomy and rights, solidly places these within social relations and obligations, which while ubiquitous, are often obscured and forgotten.

Aspects of a Theory of Group Rights and Its Application to the South African Legal System

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Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Aspects of a Theory of Group Rights and Its Application to the South African Legal System by : L. C. Blaauw

Download or read book Aspects of a Theory of Group Rights and Its Application to the South African Legal System written by L. C. Blaauw and published by . This book was released on 1986 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Data Management Technologies and Applications

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Publisher : Springer
ISBN 13 : 3319259369
Total Pages : 199 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Data Management Technologies and Applications by : Markus Helfert

Download or read book Data Management Technologies and Applications written by Markus Helfert and published by Springer. This book was released on 2015-10-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the thoroughly refereed proceedings of the Third International Conference on Data Technologies and Applications, DATA 2014, held in Vienna, Austria, in August 2014. The 12 revised full papers were carefully reviewed and selected from 87 submissions. The papers deal with the following topics: databases, data warehousing, data mining, data management, data security, knowledge and information systems and technologies; advanced application of data.

Reflections on the UN Declaration on the Rights of Indigenous Peoples

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316239
Total Pages : 620 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Reflections on the UN Declaration on the Rights of Indigenous Peoples by : Stephen Allen

Download or read book Reflections on the UN Declaration on the Rights of Indigenous Peoples written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.

Human Rights in the Americas

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Publisher : Routledge
ISBN 13 : 1000359735
Total Pages : 308 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Human Rights in the Americas by : María Herrera-Sobek

Download or read book Human Rights in the Americas written by María Herrera-Sobek and published by Routledge. This book was released on 2021-02-25 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary book explores human rights in the Americas from multiple perspectives and fields. Taking 1492 as a point of departure, the text explores Eurocentric historiographies of human rights and offer a more complete understanding of the genealogy of the human rights discourse and its many manifestations in the Americas. The essays use a variety of approaches to reveal the larger contexts from which they emerge, providing a cross-sectional view of subjects, countries, methodologies and foci explicitly dedicated toward understanding historical factors and circumstances that have shaped human rights nationally and internationally within the Americas. The chapters explore diverse cultural, philosophical, political and literary expressions where human rights discourses circulate across the continent taking into consideration issues such as race, class, gender, genealogy and nationality. While acknowledging the ongoing centrality of the nation, the volume promotes a shift in the study of the Americas as a dynamic transnational space of conflict, domination, resistance, negotiation, complicity, accommodation, dialogue, and solidarity where individuals, nations, peoples, institutions, and intellectual and political movements share struggles, experiences, and imaginaries. It will be of interest to all scholars and students of InterAmerican studies and those from all disciplines interested in Human Rights.