The Culturalization Of Human Rights Law

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The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.

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Genre : Law
Author : Federico Lenzerini
Publisher : OUP Oxford
Release : 2014-02-06
File : 306 Pages
ISBN-13 : 9780191641312


Women And International Human Rights Law

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This book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.

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Genre : Law
Author : Gayatri H. Patel
Publisher : Routledge
Release : 2019-12-06
File : 182 Pages
ISBN-13 : 9781351235082


Social Institutions And International Human Rights Law

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Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

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Genre : Law
Author : Julie Fraser
Publisher : Cambridge University Press
Release : 2020-08-06
File : 339 Pages
ISBN-13 : 9781108489577


International Human Rights Law And Diplomacy

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This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.

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Genre : Law
Author : Kriangsak Kittichaisaree
Publisher : Edward Elgar Publishing
Release : 2020-03-28
File : 360 Pages
ISBN-13 : 9781839102196


International Human Rights Law

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This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI).

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Genre : Law
Author : Riccardo Pisillo Mazzeschi
Publisher : Springer Nature
Release : 2021-09-29
File : 557 Pages
ISBN-13 : 9783030770327


Culture Society Globalization International Human Rights Law Gr 5 8

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**This is the chapter slice "International Human Rights Law Gr. 5-8" from the full lesson plan "Culture, Society & Globalization"** Help students make informed decisions about civil matters and lifestyle choices that affect themselves and the world. Our resource provides students with the building blocks to understand the debates and issues surrounding globalization. Go back in time to experience the influence of the Ottoman Empire on the greater world. Debate the pros and cons of globalization in today's world. Conduct a survey at your school to find out whether mother languages are being passed down to current generations. Explore the negative impacts of the spread of Western culture to the rest of the world. Plan international vacations for people that minimize the negative impacts of tourist activity on indigenous and local populations. Find out how globalization can cause the spread of infectious diseases to occur more quickly. Watch the world come together to deal with the global issue of Climate Change. Represent a nation during a United Nations meeting to draft additions to human rights law. Aligned to your State Standards and written to Bloom's Taxonomy, additional hands-on activities, crossword, word search, comprehension quiz and answer key are also included.

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Genre :
Author : Erika Gombatz-Gasper
Publisher : Classroom Complete Press
Release : 2016-08-01
File : 27 Pages
ISBN-13 : 9780228301943


Human Rights Culture And The Rule Of Law

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This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

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Genre : Law
Author : Jessica Almqvist
Publisher : Bloomsbury Publishing
Release : 2005-09-12
File : 256 Pages
ISBN-13 : 9781847310040


The Legal Culture Of The European Court Of Human Rights

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Without understanding the legal culture of the judges a full understanding of Strasbourg's rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.

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Genre : Political Science
Author : Nina-Louisa Arold
Publisher : Martinus Nijhoff Publishers
Release : 2007
File : 225 Pages
ISBN-13 : 9789004160675


Human Rights In Education Science And Culture Legal Developments And Challenges

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Human rights are at the heart of UNESCO's work in the fields of education, science and culture. Conceived from an international human rights legal framework, Human Rights in Education, Science and Culture: Legal Developments and Challenges combines insights into the content, scope of application and corresponding state obligations of these rights with analyses of issues relating to their implementation. The volume begins by presenting the principles of the indivisibility, interrelatedness and interdependence of all human rights. It then turns to questions related to economic, social and cultural rights, including their justiciability, their application between private parties and the development of indicators for measuring their implementation. Finally, it addresses the right to education, the right to enjoy the benefits of scientific progress and its applications, and the right to take part in cultural life - the content and scope of application of the latter two rights being especially in need of further elucidation. Dedicated to the sixtieth anniversary of the Universal Declaration of Human Rights, this volume will be an invaluable resource for all those working in the area of human rights.

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Genre : Business & Economics
Author : Yvonne Donders
Publisher : UNESCO
Release : 2007-01-01
File : 330 Pages
ISBN-13 : 9789231040733


Routledge Handbook Of International Human Rights Law

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The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9780203481417.ch35

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Genre : Law
Author : Scott Sheeran
Publisher : Routledge
Release : 2014-08-07
File : 809 Pages
ISBN-13 : 9781135055943