the culturalization of human rights law

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The Culturalization Of Human Rights Law

Author : Federico Lenzerini
ISBN : 9780199664283
Genre : Law
File Size : 50. 29 MB
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International human rights law was originally focused on universal individual rights. This text examines the developments which have seen it change to a multi-cultural approach, one more sensitive to the cultures of the people directly affected by them. It argues that this can provide benefits, but that aspects of universalism must be retained.

International Humanitarian Law And International Human Rights Law

Author : Orna Ben-Naftali
ISBN : 9780191018565
Genre : Law
File Size : 20. 63 MB
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The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.

Reparations For Indigenous Peoples

Author : Federico Lenzerini
ISBN : 9780199235605
Genre : Law
File Size : 77. 41 MB
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In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.

The Twilight Of Human Rights Law

Author : Eric Posner
ISBN : 9780199313464
Genre : Political Science
File Size : 20. 34 MB
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Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

Interrogating Harmful Cultural Practices

Author : Chia Longman
ISBN : 9781317113409
Genre : Social Science
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This volume explores a variety of ’harmful cultural practices’: a term increasingly employed by organizations working within a human rights framework to refer to certain discriminatory practices against women in the global South. Drawing on recent work by feminists across the social sciences, as well as activists from around the world, this volume discusses and presents research on practices such as veiling, forced marriage, honour related and dowry violence, female genital ’mutilation’, lip plates and sex segregation in public space. With attention to the analytic utility of the notion of harmful cultural practices, this volume explores questions surrounding the contribution of feminist thought to international and NGO policies on such practices, whether western beauty practices should be analysed in similar terms, or should the notion as such from an anthropological perspective be rejected, how harmful cultural practices relate to processes of culturalization, religionization and secularization, and how they can be challenged, come to transform and disappear. Presenting concrete, empirical case studies from Africa, South East Asia, Europe and the UK Interrogating Harmful Cultural Practices will be of interest to scholars of sociology, anthropology, development and law with interests in gender, the body, violence and women’s agency.

Fear Anxiety And National Identity

Author : Nancy Foner
ISBN : 9781610448536
Genre : Social Science
File Size : 43. 85 MB
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Fifty years of large-scale immigration has brought significant ethnic, racial, and religious diversity to North America and Western Europe, but has also prompted hostile backlashes. In Fear, Anxiety, and National Identity, a distinguished multidisciplinary group of scholars examine whether and how immigrants and their offspring have been included in the prevailing national identity in the societies where they now live and to what extent they remain perpetual foreigners in the eyes of the long-established native-born. What specific social forces in each country account for the barriers immigrants and their children face, and how do anxieties about immigrant integration and national identity differ on the two sides of the Atlantic? Western European countries such as Germany, the Netherlands, and the United Kingdom have witnessed a significant increase in Muslim immigrants, which has given rise to nativist groups that question their belonging. Contributors Thomas Faist and Christian Ulbricht discuss how German politicians have implicitly compared the purported “backward” values of Muslim immigrants with the German idea of Leitkultur, or a society that values civil liberties and human rights, reinforcing the symbolic exclusion of Muslim immigrants. Similarly, Marieke Slootman and Jan Willem Duyvendak find that in the Netherlands, the conception of citizenship has shifted to focus less on political rights and duties and more on cultural norms and values. In this context, Turkish and Moroccan Muslim immigrants face increasing pressure to adopt “Dutch” culture, yet are simultaneously portrayed as having regressive views on gender and sexuality that make them unable to assimilate. Religion is less of a barrier to immigrants’ inclusion in the United States, where instead undocumented status drives much of the political and social marginalization of immigrants. As Mary C. Waters and Philip Kasinitz note, undocumented immigrants in the United States. are ineligible for the services and freedoms that citizens take for granted and often live in fear of detention and deportation. Yet, as Irene Bloemraad points out, Americans’ conception of national identity expanded to be more inclusive of immigrants and their children with political mobilization and changes in law, institutions, and culture in the wake of the Civil Rights Movement. Canadians’ views also dramatically expanded in recent decades, with multiculturalism now an important part of their national identity, in contrast to Europeans’ fear that diversity undermines national solidarity. With immigration to North America and Western Europe a continuing reality, each region will have to confront anti-immigrant sentiments that create barriers for and threaten the inclusion of newcomers. Fear, Anxiety, and National Identity investigates the multifaceted connections among immigration, belonging, and citizenship, and provides new ways of thinking about national identity.

The Culturalization Of Caste In India

Author : Balmurli Natrajan
ISBN : 9781136647567
Genre : Political Science
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In India, caste groups ensure their durability in an era of multiculturalism by officially representing caste as cultural difference or ethnicity rather than as unequal descent-based relations. Challenging dominant social theories of caste, this book addresses questions of how caste survives the system that gave rise to it and adapts to new demands of capitalism and democracy. Based on original fieldwork, the book shows how the terrain of culture captured by a new grammar of caste revitalizes castes as cultural communities so that the culture of a caste is produced, organized and naturalized in the process of transforming jati (fetishized blood and kinship) into samaj (fetishized culture). Castes are shown to not be homogenous cultural wholes but sites of hegemony where class, gender and hierarchy over-determine the meanings and materiality of caste. Arguing that there exists a new casteism in India akin to a new racism in the USA, built less on biology and descent and more on purported cultural differences and their rights to exist, the book presents an extended critique and a search for an alternative view of caste and anti-casteist politics. It is of interest to students and scholars of South Asian culture and society.

Deculturalization And The Struggle For Equality

Author : Joel Spring
ISBN : 9781317312840
Genre : Education
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Joel Spring’s history of school polices imposed on dominated groups in the United States examines the concept of deculturalization—the use of schools to strip away family languages and cultures and replace them with those of the dominant group. The focus is on the education of dominated groups forced to become citizens in territories conquered by the U.S., including Native Americans, Enslaved Africans, Chinese, Mexicans, Puerto Ricans, and Hawaiians. In 7 concise, thought-provoking chapters, this analysis and documentation of how education is used to change or eliminate linguistic and cultural traditions in the U.S. looks at the educational, legal, and social construction of race and racism in the United States, emphasizing the various meanings of "equality" that have existed from colonial America to the present. Providing a broader perspective for understanding the denial of cultural and linguistic rights in the United States, issues of language, culture, and deculturalization are placed in a global context. The major change in the 8th Edition is a new chapter, "Global Corporate Culture and Separate But Equal," describing how current efforts at deculturalization involve replacing family and personal cultures with a corporate culture to increase worker efficiency. Substantive updates and revisions are made throughout all other chapters

The Culturalization Of Citizenship

Author : Jan Willem Duyvendak
ISBN : 9781137534101
Genre : Social Science
File Size : 35. 69 MB
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The notion of citizenship has gradually evolved from being simply a legal status or practice to a deep sentiment. Belonging, or feeling at home, has become a requirement. This groundbreaking book analyzes how 'feeling rules' are developed and applied to migrants, who are increasingly expected to express feelings of attachment, belonging, connectedness and loyalty to their new country. More than this, however, it demonstrates how this culturalization of citizenship is a global trend with local variations, which develop in relation to each other. The authors pay particular attention to the intersection between sexuality, race and ethnicity, spurred on by their awareness of the dialectical construction of homosexuality, held up as representative of liberal Western values by both those in the West and by African leaders, who use such claims as proof that homosexuality is un-African.

The Politics Of Secularism

Author : Murat Akan
ISBN : 9780231543804
Genre : Political Science
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Discussions of modernity—or alternative and multiple modernities—often hinge on the question of secularism, especially how it travels outside its original European context. Too often, attempts to answer this question either imagine a universal model derived from the history of Western Europe, which neglects the experience of much of the world, or emphasize a local, non-European context that limits the potential for comparison. In The Politics of Secularism, Murat Akan reframes the question of secularism, exploring its presence both outside and inside Europe and offering a rich empirical account of how it moves across borders and through time. Akan uses France and Turkey to analyze political actors' comparative discussions of secularism, struggles for power, and historical contextual constraints at potential moments of institutional change. France and Turkey are critical sites of secularism: France exemplifies European political modernity, and Turkey has long been the model of secularism in a Muslim-majority country. Akan analyzes prominent debates in both countries on topics such as the visibility of the headscarf and other religious symbols, religion courses in the public school curriculum, and state salaries for clerics and imams. Akan lays out the institutional struggles between three distinct political currents—anti-clericalism, liberalism, and what he terms state-civil religionism—detailing the nuances of how political movements articulate the boundary between the secular and the religious. Disputing the prevalent idea that diversity is a new challenge to secularism and focusing on comparison itself as part of the politics of secularism, this book makes a major contribution to understanding secular politics and its limits.

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