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 : 63. 44 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.

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

Author : Brendan Tobin
ISBN : 9781317697534
Genre : Law
File Size : 34. 48 MB
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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Property And Human Rights In A Global Context

Author : Ting Xu
ISBN : 9781509901746
Genre : Law
File Size : 45. 90 MB
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Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.

The International Convention On The Elimination Of All Forms Of Racial Discrimination

Author : Patrick Thornberry
ISBN : 9780199265336
Genre : Law
File Size : 56. 64 MB
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This Oxford Commentary is the first comprehensive article-by-article analysis of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination. It discusses the conceptual and instrumental framework of the Convention and the CERD Committee, and addresses some of the critical challenges confronting the Convention.

Tilburg Foreign Law Review

Author :
ISBN : STANFORD:36105063237429
Genre : Comparative law
File Size : 55. 21 MB
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The Issue Of Human Rights In Africa

Author : Girma Yohannes Iyassu Menelik
ISBN : 9783656714538
Genre : Law
File Size : 46. 94 MB
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Human rights as a legal concept and codification of human dignity were late to arrive in Africa. Its evolution on this continent is to be seen against the background of the dynamic development of human rights within the United Nations system and that of international law, although the impetus of this evolution is owed to the struggles within African states in the pre-colonial, colonial and post-independence eras. Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups. Human rights are inalienable. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law. Interdependent and indivisible: All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education, or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others. Equal and non-discriminatory. : Non-discrimination is a crosscutting principle in international human rights law. The principle is present in all the major human rights treaties and provides the central theme of some of international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women. Human Rights as parts of moral discourse have significant implication on content of political, social and economic life of human beings.

Buffalo Human Rights Law Review

Author :
ISBN : UCSD:31822032140998
Genre : Human rights
File Size : 44. 24 MB
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Cultural Expertise And Socio Legal Studies

Author : Austin Sarat
ISBN : 9781787695177
Genre : Law
File Size : 53. 69 MB
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In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.

Europe And Its Almost European Other

Author : Helle Laila Rytkonen
ISBN : STANFORD:36105026292164
Genre :
File Size : 39. 17 MB
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The Moral Imperatives Of Human Rights

Author : Kenneth W. Thompson
ISBN : STANFORD:36105043657894
Genre : Political Science
File Size : 26. 44 MB
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