rights in divided societies human rights law in perspective

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Rights In Divided Societies

Author : Colin Harvey
ISBN : 9781847319791
Genre : Law
File Size : 68. 38 MB
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This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?

Reconciliation In Divided Societies

Author : Erin Daly
ISBN : 081220638X
Genre : Juvenile Nonfiction
File Size : 72. 16 MB
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"As nations struggling to heal wounds of civil war and atrocity turn toward the model of reconciliation, Reconciliation in Divided Societies takes a systematic look at the political dimensions of this international phenomenon. . . . The book shows us how this transformation happens so that we can all gain a better understanding of how, and why, reconciliation really works. It is an almost indispensable tool for those who want to engage in reconciliation"—from the foreword by Archbishop Emeritus Desmond Tutu As societies emerge from oppression, war, or genocide, their most important task is to create a civil society strong and stable enough to support democratic governance. More and more conflict-torn countries throughout the world are promoting reconciliation as central to their new social order as they move toward peace and stability. Scores of truth and reconciliation commissions are helping bring people together and heal the wounds of deeply divided societies. Since the South African transition, countries as diverse as Timor Leste, Sierra Leone, Fiji, Morocco, and Peru have placed reconciliation at the center of their reconstruction and development programs. Other efforts to promote reconciliation—including trials and governmental programs—are also becoming more prominent in transitional times. But until now there has been no real effort to understand exactly what reconciliation could mean in these different situations. What does true reconciliation entail? How can it be achieved? How can its achievement be assessed? This book digs beneath the surface to answer these questions and explain what the concepts of truth, justice, forgiveness, and reconciliation really involve in societies that are recovering from internecine strife. Looking to the future as much as to the past, Erin Daly and Jeremy Sarkin maintain that reconciliation requires fundamental political and economic reform along with personal healing if it is to be effective in establishing lasting peace and stability. Reconciliation, they argue, is best thought of as a means for transformation. It is the engine that enables victims to become survivors and divided societies to transform themselves into communities where people work together to raise children and live productive, hopeful lives. Reconciliation in Divided Societies shows us how this transformation happens so that we can all gain a better understanding of how and why reconciliation is actually accomplished.

Examining Critical Perspectives On Human Rights

Author : Rob Dickinson
ISBN : 9781107006935
Genre : Law
File Size : 22. 87 MB
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This collection evaluates the crisis of confidence in human rights which underpins understandings of just decision making and liberal democracy.

Freedom From Poverty As A Human Right Economic Perspectives

Author : Andreassen, Bard A.
ISBN : 9789231041440
Genre : Reference
File Size : 60. 92 MB
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Human Rights In The Community

Author : Colin Harvey
ISBN : 9781847310675
Genre : Law
File Size : 23. 40 MB
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There has been a considerable focus in the last few years on the meaning of the Human Rights Act 1998 and its real and potential impact on judges and lawyers. Much has been written on the implications of the new legislation for a variety of areas of law. With the rising level of case-law the emphasis is now turning to the impact of the legislation on specific areas of social life. In this volume the focus is on the practice of human rights and how they are enforced in reality. There is much discussion in the literature of a human rights culture but how precisely is such a culture to be created,and how do we make sense of human rights? In order to address these questions this volume is in two parts. Part I examines general issues surrounding the full and effective implementation of human rights. Part II explores the implications of human rights standards in particular areas in order to test whether a human rights culture has emerged.

Religious Human Rights In Global Perspective

Author : Johan David Van der Vyver
ISBN : 9041101802
Genre : Freedom of religion
File Size : 67. 59 MB
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In this Dickensian century' of human rights, the world has cultivated the best of religious rights protections, but witnessed the worst of religious rights abuses. In this volume, Jimmy Carter, John T. Noonan, Jr., and a score of leading jurists assess critically and comparatively the religious rights laws and practices of the international community and of selected states in the Atlantic continents. This volume and its companion "Religious Human Rights in Global" "Perspective: Religious Perspectives" are products of an ongoing project on religion, human rights and democracy undertaken by the Law and Religion Program at Emory University.

Human Rights Brought Home

Author : Simon Halliday
ISBN : 9781847311665
Genre : Law
File Size : 58. 71 MB
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What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

Conflict Management In Divided Societies

Author : Stefan Wolff
ISBN : 9781136630736
Genre : Political Science
File Size : 57. 68 MB
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This exciting and innovative new textbook takes a multi-perspective approach to the study of conflict management in divided societies. Offering a wide range of perspectives from the leading experts in the field, the work explains conflict management from the viewpoint of the political scientist, the constitutional architect, the activist, and the NGO. It examines the philosophies underpinning constitutional design, the actors and processes involved, and the practicalities of the settlement process, combining conceptual and theoretical contributions with empirical case studies. In so doing, it provides a comprehensive global introduction to the study of conflict management in divided societies. Features & benefits of the textbook: Clearly explains the theories underpinning constitutional design including power sharing/liberal consociationalism, centripetalism, power dividing, and territorial solutions Surveys the key actors and processes involved in designing and implementing peace including the evolution of diplomacy in peace-making, and separate chapters about crafting solutions for divided societies from the perspectives of NGOs, the UN, EU and AU Explores the realities on the ground with chapters written by activists and practitioners which draw on their experience of working in conflict zones Written in a clear and engaging style, this work is essential reading for all students of conflict resolution.

Religious Human Rights In Global Perspective

Author : John Witte
ISBN : 9041101799
Genre : History
File Size : 23. 32 MB
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Religious Human Rights In Global Perspective

Author : Jr. Witte, John
ISBN : 0802848559
Genre : Religion
File Size : 71. 79 MB
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The legal traditions of Christianity, Judaism, and Islam have contributed much to the cultivation and violation of religious human rights around the world. In this volume Desmond Tutu, Martin Marty, and twenty leading scholars offer an authoritative assessment of these contributions and challenge people of all faiths to adopt "golden rules of religious liberty."

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