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John-Stewart, Gordon. "Human Rights and Cultural Identity". Baltic Journal of Law & Politics 8, n.º 2 (1 de diciembre de 2015): 112–35. http://dx.doi.org/10.1515/bjlp-2015-0021.
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Abstract Universal human rights and particular cultural identities, which are relativistic by nature, seem to stand in conflict with each other. It is commonly suggested that the relativistic natures of cultural identities undermine universal human rights and that human rights might compromise particular cultural identities in a globalised world. This article examines this supposed clash and suggests that it is possible to frame a human rights approach in such a way that it becomes the starting point and constraining framework for all non-deficient cultural identities. In other words, it is possible to depict human rights in a culturally sensitive way so that universal human rights can meet the demands of a moderate version of meta-ethical relativism which acknowledges a small universal core of objectively true or false moral statements and avers that, beyond that small core, all other moral statements are neither objectively true nor false.
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Anderson-Gold, Sharon. "Human Rights, Cultural Identity, and Democracy". Social Philosophy Today 23 (2007): 57–68. http://dx.doi.org/10.5840/socphiltoday20072312.
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Pande, Dhruv y Munmun Jha. "Cultural Identity and Human Rights: Minority Claims, Ethnic Identity and Group Rights". Open Journal of Political Science 06, n.º 04 (2016): 351–62. http://dx.doi.org/10.4236/ojps.2016.64032.
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Craig, Elizabeth. "A Right to Cultural Identity in a UK Bill of Rights?" European Public Law 19, Issue 4 (1 de diciembre de 2013): 689–714. http://dx.doi.org/10.54648/euro2013042.
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This article considers the possible inclusion of a right to cultural identity in a UK Bill of Rights, highlighting the centrality of culture to debates about the accommodation of diversity in the UK as well as the increased recognition of the importance of cultural rights under international human rights law. The article argues that the inclusion of a minimal minority rights guarantee based on Article 27 of the International Covenant on Civil and Political Rights 1966 would be an innocuous step that would provide the impetus needed for greater cultural sensitivity in decision-making processes in a way that acknowledges the centrality of culture to people's identities and everyday lives. It claims that the inclusion of such a right alongside a freestanding right to equality would provide a useful addition to the rights currently recognized as 'Convention rights' under the UK Human Rights Act 1998. This is argued on the basis of both international and domestic case law, including opinions of the UN Human Rights Committee, developments in European human rights law and experiences in other jurisdictions.
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Rakić, Branko. "Cultural heritage: Right, identity and dignity: Right of access to and enjoyment of cultural heritage as a human right". Socioloski pregled 54, n.º 4 (2020): 1210–59. http://dx.doi.org/10.5937/socpreg54-30009.
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In international human rights law established after World War Two, one of cultural rights that has been traditionally most neglected out of five categories of human rights (civil, political, economic, social and cultural rights), is the right to participation in cultural life, while its segment, by the nature of things, is also the right of access to and enjoyment of cultural heritage. Although international human rights law thus establishes the basis for treating the right of access to and enjoyment of cultural heritage as a human right, international acts dealing with the matters of cultural heritage protection have had a long-prevailing approach in which cultural goods were protected because of their inherent value. It was only recently, with the emerging needs and interests in respect of the safeguarding of cultural diversity and protection of intangible cultural heritage, that the emphasis began to be placed on the relationship, including the legal one, between cultural heritage and human communities, groups and individuals with a special subjective attitude towards it. That is how the human-rights based system of cultural heritage protection was gradually established and the segment of international law dealing with human rights was brought closer to the segment dealing with cultural heritage. In order to consider a right as a human right, apart from the will of law-makers to be like that, it also requires the existence of certain values which constitute the basis for it and which should be safeguarded through the protection of that human right. An understanding deriving from a series of international legal acts and being widespread in theory is that, when it comes to cultural rights, including the right of access to and enjoyment of cultural heritage, such basis is constituted by identity, first of all cultural identity, and human dignity. Therefore, although the foundation is laid for the right of access to and enjoyment of cultural heritage to be treated as a human right, it is necessary to clarify and elaborate, at the legal level, a number of questions which should ensure effective enjoyment of this right. The task is in the hands of states, either as participants in the adoption of international law acts or as national law-makers, so the question remains open as to the nature of their attitude to further development of the human-rights based system of cultural heritage protection.
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Fierlbeck, Katherine. "The Ambivalent Potential of Cultural Identity". Canadian Journal of Political Science 29, n.º 1 (marzo de 1996): 3–22. http://dx.doi.org/10.1017/s0008423900007228.
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AbstractDespite the overwhelming prevalence of democratic ideals in contemporary political relations throughout the world, a potent ideological challenge to liberal democratic norms is the recent claim that “differential” rights are essential to foster and protect the identity of individual rights within culturally distinct groups. This article examines the claim that cultural identity confers sufficient normative force upon which to base distinct political rights for specific groups. In what, precisely, does the normative force of “cultural identity” lie? The article challenges the claims that individuals' sense of personal identity can only arise through a “secure cultural context”; that a passive sense of group identity is a “primary good” that equals or even precedes the importance of universal human rights; and that this “politics of inclusion” based upon differential rights for different groups will lead to greater equality and tolerance within the larger political community.
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Stryjkowska, Sylwia. "Cultural Identity in the Case-Law of the Human Rights Committee". Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (15 de diciembre de 2017): 119–39. http://dx.doi.org/10.14746/ppuam.2017.7.08.
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The aim of the article is to present the jurisprudence of the Human Rights Committee on Article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious and linguistic minorities. Therefore, the study examines the underprivileged position of minorities within States and focuses on their will to survive as a distinct culture. Examination of the aforementioned caselaw provides an insight into the Committee’s understanding of the concept of cultural identity.
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Souza, Larissa Fernanda De Alencar y Juracy Marques dos Santos. "Entre os Direitos Culturais e a Ecologia Humana / Between Cultural Rights And Human Ecology". ID on line. Revista de psicologia 15, n.º 57 (31 de octubre de 2021): 828–51. http://dx.doi.org/10.14295/idonline.v15i57.3258.
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Resumo: O trabalho em epígrafe visa discutir as relações que se estendem entre os direitos culturais e a Ecologia Humana. De forma bibliográfica e analítica, apresentamos o percurso que leva da definição de cultura aos direitos culturais. Dentro dessa discussão, analisamos a Declaração Universal dos Direitos Humanos como primeiro passo de promoção dos direitos culturais, importante para aprofundamento da discussão e extensão no devido debate. Num segundo momento, destacam-se os direitos culturais e políticas públicas culturais no Brasil, apresentando um histórico que passa pela constituição a aplicação de direitos culturais por meio das políticas públicas desenvolvidas. Por conseguinte, se discute a Ecologia humana em seu âmbito de Ecologia Cultural, em favor de analisar a importância de direitos culturais dentro desta matéria. Com base na Declaração de Friburgo, documento internacional que versa sobre a aplicação de direitos culturais, essa análise se dará através de 3 aspectos: a autodeterminação dos povos, o direito a identidade e patrimônio cultural, e os princípios de governança democrática. Assim, compreendemos que a ecologia humana cultural e os direitos culturais possuem uma relação mútua e interdependente para alcançar seus objetivos. Palavras-chave: Ecologia Cultural; Direitos Humanos; Autodeterminação dos Povos; Governança Democrática. Abstract: The above work aims to discuss the relationships that extend between cultural rights and Human Ecology. In a bibliographical and analytical way, we present the path that leads from the definition of culture to cultural rights. Within this discussion, we analyze the Universal Declaration of Human Rights as a first step in promoting cultural rights, which is important for deepening the discussion and extending the due debate. In a second moment, cultural rights and cultural public policies in Brazil stand out, presenting a history that goes through the constitution and application of cultural rights through the developed public policies. Therefore, human ecology is discussed in its scope of cultural ecology, in favor of analyzing the importance of cultural rights within this matter. Based on the Friborg Declaration, an international document that deals with the application of cultural rights, this analysis will be carried out through 3 aspects: the self-determination of peoples, the right to identity and cultural heritage, and the principles of democratic governance. Thus, we understand that cultural human ecology and cultural rights have a mutual and interdependent relationship to achieve their goals. Keywords: Cultural Ecology; Human Rights; Self-determination of People; Democratic Governance.
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Karvatska, Svitlana, Lyubov Zamorska, Olga Chepel, Tetyana Gnatuyk y Iryna Prodan. "Universality and Modern Individuality Civilization Paradigm in The Field of Human Rights: Dialogue vs Conflict". European Journal of Sustainable Development 10, n.º 3 (1 de octubre de 2021): 191. http://dx.doi.org/10.14207/ejsd.2021.v10n3p191.
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The article gives reason to say, that the key point of globalization in the field of human rights is the universalization of this area. The universalization of human rights is a key trend, but not the only, in their development. Human rights as universal moral principles specification are the rules on which peaceful coexistence of individuals and different cultures in terms of global problems is possible. Such an approach allows to solve the seemingly irreconcilable contradiction between the positions of the universalism of human rights and cultural identity pluralism: the right to cultural identity is a significant individual right. There should be a critical approach to the thesis of the insurmountable fundamentality of cultural differences between Eastern and Western cultures. It is necessary to distinguish between situations of imposing Western standards on other cultures and the real importance and universality of human rights for the modern world. Cultural diversity should never be used as an excuse for chauvinistic nationalism. It is intercultural dialogues that should facilitate fruitful exchanges of ideas on human rights issues in the perspective of cultural diversity and become the basis for the formation of a dialogical civilization. Contemporary human rights discourse has to take place in the context of a global world order emergence through the juxtaposition of concepts such as universality, cultural diversity and cultural dialogue.
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Castro-Peraza, Maria Elisa, Jesús Manuel García-Acosta, Naira Delgado, Ana María Perdomo-Hernández, Maria Inmaculada Sosa-Alvarez, Rosa Llabrés-Solé y Nieves Doria Lorenzo-Rocha. "Gender Identity: The Human Right of Depathologization". International Journal of Environmental Research and Public Health 16, n.º 6 (18 de marzo de 2019): 978. http://dx.doi.org/10.3390/ijerph16060978.
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Background: Transgender people have a gender identity different from the one allocated to them at birth. In many countries, transsexualism and transgenderism are considered mental illnesses under the diagnosis of gender dysphoria. This pathologization impacts on human rights. Main content: The United Nations (UN) has denounced violations against trans-people, including attacks, forced medical treatments, lack of legal gender recognition, and discrimination in the areas of education, employment, access to healthcare, and justice. The UN has linked these violations directly with discriminatory diagnostic classifications that pathologize gender diversity. Trans-people have been pathologized by psycho-medical classification and laws all around the world, with a different impact depending on countries. This paper argues that pathologization infringes infringes upon a wide range of human rights such as; civil, economic, social cultural and also the access to medical care. Conclusions: The current situation for trans-people with respect to legal healthcare matters, depends on the country. Human rights are universal, not a question for cultural interpretation. They are the minimum that every human being must have assured only by the fact of being human. Countries must protect these rights by regulating trans-pathologization with special attention dedicated to intersex people and their specific needs.
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Collins, Martin. "Editorial: Human Rights, Cultural Identity and the Struggle for Traveller Ethnicity". Studies in Arts and Humanities 3, n.º 2 (7 de diciembre de 2017): 1–5. http://dx.doi.org/10.18193/sah.v3i2.109.
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Agarwal, Sushma, Shamim Ahmad Farooqui Farooqui y Chitresh Morlia. "Human Rights and its importance for Women". RESEARCH REVIEW International Journal of Multidisciplinary 7, n.º 11 (12 de noviembre de 2022): 74–77. http://dx.doi.org/10.31305/rrijm.2022.v07.i11.012.
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Human rights are the fundamental human rights we have simply because we exist- they're not granted by any group or individual. These universal rights apply to all of us, regardless of nationality, sex, gender identity, religion, ethnicity, disability status or any other status. Human rights include the right to life and the right to enjoy certain privileges - a right to food, work, education, health care, and liberty. The goal of the Human rights is help remove everything that's preventing women from participating equally in all spheres of public life, whether it be economic, social, cultural, or political. Equality between women and men is a human right, a fundamental prerequisite for justice, peace and development.
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Alshehaby, Fatimah. "Cultural Heritage Protection in Islamic Tradition". International Journal of Cultural Property 27, n.º 3 (agosto de 2020): 291–322. http://dx.doi.org/10.1017/s0940739120000259.
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AbstractCultural heritage is a crucial component that plays a fundamental role in defining an individual’s identity and advancing the protection of his or her human rights. Reinforcing cultural distinctions and human differences are significant and therefore recognized in Islam. This article enhances the understanding of an Islamic approach to cultural heritage and human rights through the lens offered by three examples: the right to education, freedom of religion, and the right to development. The discussion of the protection of cultural heritage in Islam is essential because Islam is one of the legal sources in many Muslim states, and, therefore, the examination of its intersection with international law could enhance the protection of cultural heritage and promote human rights in the Islamic world. The article develops principles of cultural heritage protection that are in conformity with international law. These principles are the promising common ground for the possibility of universal cultural heritage policy. Despite the fact that there is no clear reference to the notion of cultural heritage in Islamic teaching, this article shows that principles of the protection of cultural heritage are established.
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Macklem, Patrick. "The Law and Politics of International Cultural Rights: E. Stamatopoulou, Cultural Rights in International Law; F. Francioni and M. Scheinin (eds.), Cultural Human Rights". International Journal on Minority and Group Rights 16, n.º 3 (2009): 481–501. http://dx.doi.org/10.1163/138819009x12474964197872.
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AbstractTwo recent books place international law at the centre of inquiries into the nature of cultural rights. The first, Cultural Rights in International Law: Article 27 of the Universal Declaration of Human Rights and Beyond, by Elsa Stamatopoulou, explores "the concept of cultural rights by reviewing international and national legal instruments, international practice, and especially the role of UN bodies and entities in the implementation of these rights". The second, Cultural Human Rights, is a collection of essays edited by Francesco Francioni and Martin Scheinin. Wide-ranging in scope, Cultural Human Rights includes contributions that explore the relationship between cultural rights and the state, the relationship between cultural rights and other human rights, the rights of minorities and indigenous peoples, normative justifications of human rights in general and minority rights in particular, the law and politics of cultural identity and collective memory, and various forms of cultural protection in a variety of regional and international institutional contexts. Both demonstrate that understanding cultural rights in international law requires a multi-faceted approach, one that pays close attention to the historical, textual and institutional dimensions of cultural rights. They reveal, too, that international legal commitments to sovereignty and human rights are more relevant to moral and political accounts of the significance of cultural rights than they might otherwise appear.
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Mora Navarro, Fanny Verónica. "LOS DERECHOS A UN AMBIENTE SANO, A LA ALIMENTACIÓN ADECUADA, AL AGUA Y A LA IDENTIDAD CULTURAL. CASO COMUNIDADES INDÍGENAS MIEMBROS DE LA ASOCIACIÓN LHAKA HONHAT (NUESTRA TIERRA) VS. ARGENTINA ANTE LA CIDH." E-REVISTA INTERNACIONAL DE LA PROTECCION SOCIAL 5, n.º 2 (2020): 330–55. http://dx.doi.org/10.12795/e-rips.2020.i02.15.
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The case Lhaka Honhat (Our Land) is the first in the IACHR related with the claim of the indigenous communities in Argentina. The final decision of the case was stated the 6th of February 2020. The IACHR considered that the State is responsible for the violation of the right of participate in a cultural life, contained in the cultural identity, to a healthy environment, appropriate nutrition and water, stated in the article 26 of the American Convention on Human Rights. This is the first precedent regarding social rights and indigenous peoples. The investigation will address: the importance and progress of the resolutions of the IACHR, related with indigenous peoples; the main judgments that support the differentiated analysis of civil and political rights regarding economic, social and cultural rights; and the rights to a healthy environment, to adequate food, to water and to cultural identity and peculiarities in relation to indigenous peoples
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Sikora, Karolina. "The Right to Cultural Heritage in International Law, with Special Reference to Indigenous Peoples’ Rights". Santander Art and Culture Law Review 7, n.º 2 (31 de diciembre de 2021): 149–72. http://dx.doi.org/10.4467/2450050xsnr.21.022.15267.
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In recent years, the social dimension of cultural heritage has gained significance in international law. A better understanding of the human rights dimensions of cultural heritage has resulted in substantial recognition of the right to heritage; a right that has not been explicitly regulated in international law. This article aims to analyse the path that cultural heritage law has taken to adopt a human rights law dimension. It also discusses the construction of the right to heritage and maps the connections and disconnections between and within cultural heritage law and international human rights law frameworks. The article uses the example of Indigenous peoples as a referent, due to the special bond that many may have to cultural values which play a significant role in the formation of Indigenous identity. In this context, I argue for a human rights approach to cultural heritage, which offers not only participation but also the co-creation of heritage together with local and Indigenous communities.
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Ferri, Marcella. "The Recognition of the Right to Cultural Identity under (and beyond) international Human Rights law". Journal of Law, Social Justice and Global Development, n.º 22 (6 de junio de 2018): 15–40. http://dx.doi.org/10.31273/lgd.2018.2203.
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Stevenson, Nick. "Human(e) Rights and the Cosmopolitan Imagination: Questions of Human Dignity and Cultural Identity". Cultural Sociology 8, n.º 2 (18 de julio de 2013): 180–96. http://dx.doi.org/10.1177/1749975513494879.
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Chechi, Alessandro. "Migrants’ Cultural Rights at the Confluence of International Human Rights Law and International Cultural Heritage Law". International Human Rights Law Review 5, n.º 1 (15 de julio de 2016): 26–59. http://dx.doi.org/10.1163/22131035-00501001.
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Contemporary migration flows and the related humanitarian emergency have received overwhelming media coverage and political attention. It appears, however, that the sorrow provoked by the heart-breaking stories of migrants has been all too often quickly replaced by the rhetoric that describes this influx as the principal cause for the problems that Western States face today – unemployment, crime, drugs and violent extremism – and as a threat for national culture and identity. This article looks at the cultural rights of migrants and at the international instruments that regulate one or more aspects of the phenomenon of migration and the protection of cultural heritage. Its objective is to challenge existing prejudices against migrant communities and to answer the question whether migration and migrants are a burden or a blessing for the culture of receiving States.
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Morondo Taramundi, Dolores. "Identity, Belonging and Human Rights: Cultural Cues in Integration Processes. An Introduction". Age of Human Rights Journal, n.º 7 (20 de diciembre de 2016): 1–5. http://dx.doi.org/10.17561/tahrj.n7.1.
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Torbisco-Casals, Neus. "Multiculturalism, Identity Claims, and Human Rights: From Politics to Courts". Law & Ethics of Human Rights 10, n.º 2 (1 de noviembre de 2016): 367–404. http://dx.doi.org/10.1515/lehr-2016-0012.
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Abstract Across Europe, courts (both domestic and international) are increasingly playing a central role in dealing with identity-driven conflicts across deeply entrenched ethnocultural divides. At the outset, many of these controversies are seemingly religious or cultural disputes, involving the interpretation of individual rights such as freedom of conscience, freedom of association, and freedom of religion. Yet if we scratch beyond the surface, there is much more at stake in these disputes, or so this paper contends. Broader disagreements that confront majority and minority cultures regarding group rights and the shifting intersections between religion, ethnicity, and gender are played out in these judicial battles. The paper traces the so-called “crisis of multiculturalism” in the European political rhetoric and practice and highlights its impact on the de-juridification of cultural rights and on the tendency to seek accommodation through litigation (typically by minority litigants increasingly frustrated with the political backlash against their rights). It then inquires into the prospects of this strategy, pointing out the limitations courts face when adjudicating identity conflicts pertaining to minority groups traditionally disadvantaged in mainstream political processes. These concerns are illustrated through revisiting a number of controversies over Muslim veils that have been resolved by the European Court of Human Rights. The paper cautiously concludes that a shift toward more participatory political processes is more likely to mitigate the decline of progressive forms of multiculturalism and consolidate minority rights.
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Caust, Josephine. "Cultural Rights as Human Rights and the Impact on the Expression of Arts Practices". Journal of Citizenship and Globalisation Studies 3, n.º 1 (30 de marzo de 2021): 17–30. http://dx.doi.org/10.21153/jcgs2019vol3no1art1051.
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Cultural rights are becoming an increasingly important area of human rights discussion given the association between culture, identity and social equity. The subject is considered here in the context of how the absence of cultural rights influences both the recognition of the diversity of cultures and the capacity of some to access and practice art. Culture and arts practices are intertwined but certain arts practices are prioritised over others by funding bodies, governments and institutions. Recent examples from Australia are highlighted, in which changes to the cultural makeup of the country are occurring at a rapid rate without adequate responses from governments to address funding inequities. It is argued here that unless cultural rights are seen as a basic human right and embedded in the legal national framework, then sectors of the broader community are disenfranchised.
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Arrubia, Eduardo J. "The Human Right to Gender Identity: From the International Human Rights Scenario to Latin American Domestic Legislation". International Journal of Law, Policy and the Family 33, n.º 3 (17 de septiembre de 2019): 360–79. http://dx.doi.org/10.1093/lawfam/ebz007.
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Abstract Transgender persons usually undergo significant discrimination all over the world. This is the reason why gender identity has been translated into the language of International Human Rights Law. Thus, the European Court of Human Rights has evolved along the last decades towards the recognition of this human right, and so has the Inter-American Court by releasing its recent advisory opinion on gender identity, equality and non-discrimination of same sex couples. Within this framework, some Latin American countries have passed regulations entitling trans persons to have their public records as regards their name, sex marker and image data modified. Nevertheless, these juridical norms of domestic law might not entirely comply with the standards that have been set by the Inter-American Court of Human Rights since they tend to reproduce cultural patterns of gender which lead to a pathological comprehension of transgenderism. In this analysis, Argentinian legislative experience is accounted for as a cutting-edge exemption in this matter.
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Rassool, Naz. "Postmodernity, cultural pluralism and the nation-state: Problems of language rights, human rights, identity and power". Language Sciences 20, n.º 1 (enero de 1998): 89–99. http://dx.doi.org/10.1016/s0388-0001(97)00014-4.
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Caust, Josephine. "Cultural Rights as Human Rights and the Impact on the Expression of Arts Practices". Journal of Citizenship and Globalisation Studies 3, n.º 1 (31 de enero de 2020): 17–30. http://dx.doi.org/10.2478/jcgs-2019-0004.
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AbstractCultural rights are becoming an increasingly important area of human rights discussion given the association between culture, identity and social equity. The subject is considered here in the context of how the absence of cultural rights influences both the recognition of the diversity of cultures and the capacity of some to access and practice art. Culture and arts practices are intertwined but certain arts practices are prioritised over others by funding bodies, governments and institutions. Recent examples from Australia are highlighted, in which changes to the cultural makeup of the country are occurring at a rapid rate without adequate responses from governments to address funding inequities. It is argued here that unless cultural rights are seen as a basic human right and embedded in the legal national framework, then sectors of the broader community are disenfranchised.
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Donders, Yvonne. "The Protection of Cultural Rights in Europe: None of the EU's Business?" Maastricht Journal of European and Comparative Law 10, n.º 2 (junio de 2003): 117–47. http://dx.doi.org/10.1177/1023263x0301000202.
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Over the last decade, cultural diversity and the promotion and protection of cultural human rights have become important issues in the European context. States are trying to protect their national cultural identity within the European integration process, while at the same time several communities within States, such as minorities, indigenous peoples and immigrant communities, demand the promotion and protection of their cultural identity. The Council of Europe has established a human rights mechanism including the protection of cultural rights and rights of minorities. Within the European Union, the promotion and protection of human rights has slowly become a part of the internal policies, the latest step being the proclamation of the Charter on Fundamental Rights. However, the promotion of cultural diversity and of cultural rights or rights of minorities hardly play a role in this respect. Bearing in mind the possible inter-State implications that these issues may have, Member States should co-operate more closely and develop policies at the EU level in relation to the promotion and protection of cultural diversity.
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Breiding Hansen, Malte. "Sexual Orientation and Gender Identity Rights Lost in Translation?" lambda nordica 23, n.º 3-4 (27 de marzo de 2019): 122–45. http://dx.doi.org/10.34041/ln.v23.553.
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Since 2003, the United Nations international human rights framework has moved notably toward increased international human rights recognition for sexual and gender minorities. Most recently, 2016 saw the adoption of an Independent Expert on violence and discrimination based on sexual orientation and gender identity. Motivated by the nevertheless continued refusal by predominantly African and Middle Eastern countries to recognize any such human rights application, as well as postcolonial critiques of counterproductive moral imperialism and homonationalist strategies by proponent member States, this article asks how dynamics of member State disputes in the UN debates on SOGI-based rights may point to restraints and possibilities for achieving global human rights recognition for culturally diverse sexual and gender minorities. The article demonstrates how interand intradiscursive rules of formation in UN member State debates predicated on either universal or culturally relative readings of international human rights law reproduce normative polarization and obstruct national implementation of human rights protection for sexual and gender minorities. The article therefore finds universality truth claims to restrain transformative change, as well as represent a possibility for achieving human rights recognition through “perverse,” reiterations of the parameters of the universal, wielded from an open-ended multiplicity of sexual and gender minority expressions and articulations. A radical politics of top-down and bottom-up cultural translation is suggested as a possible strategy for human rights recognition for culturally diverse sexual and gender minorities.
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Lin, Shuhui. "Application of Taiwan’s Human Rights-Themed Cultural Assets and Spatial Information". Complexity 2020 (28 de mayo de 2020): 1–11. http://dx.doi.org/10.1155/2020/5205970.
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Cultural assets preserve the traces of people’s life history around the world. With an understanding of the historical context and meaning of cultural assets, people would cherish their value and then adopt appropriate cultural resource preservation strategies. Human rights as the universal value refer to the inalienable and basic rights of human beings. This article uses the National Cultural Assets Network to query Taiwan’s human rights-themed cultural assets, and I apply the spatial information technology of the DocuSky digital humanities academic research platform to draw the maps with GIS and visualization tools. Also, I apply spatial information to the academic research of human rights-themed cultural assets, aiming to deepen local cultural identity and unveiling that human studies influence spatial practice. Tourism is an important experience economy. Based on the value of Taiwan’s human rights-themed cultural assets, I plan to guide the human rights journey in Taipei to share Taiwan’s experience of happiness with the world, as well.
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Subotić, Jelena. "Stories States Tell: Identity, Narrative, and Human Rights in the Balkans". Slavic Review 72, n.º 2 (2013): 306–26. http://dx.doi.org/10.5612/slavicreview.72.2.0306.
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Jelena Subotić explores how the states of the Balkans construct their “autobiographies“—stories about themselves—and how these stories influence their contemporary political choices. By understanding where states’ narratives about themselves—stories of their past, their historical purpose, their role in the international system—come from, we can more fully explain contemporary state behavior that to outsiders may seem irrational, self-defeating, or simply, inexplicable. Subotić specifically addresses ways in which states of the western Balkans have built their state narratives around the issue of human rights. She explores, first, how a particular narrative of state and national identity produced—or made locally comprehensible—massive human rights abuses. She then analyzes why contemporary identity narratives make postconflict human rights policies very difficult to institutionalize. The article focuses specifically on the human rights discourse, practices, and debates in Serbia and Croatia.
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Jakubowski, Andrzej, Francesca Fiorentini y Ewa Manikowska. "Memory, Cultural Heritage and Community Rights". International Human Rights Law Review 5, n.º 2 (23 de noviembre de 2016): 274–306. http://dx.doi.org/10.1163/22131035-00502005.
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For centuries church bells have constituted an inherent element of religious and social life. Due to their artistic and pecuniary value, the bells have also been subjected to forced removal and/or pillage. This article discusses the role of church bells as vehicles of the collective memory and cultural identity of selected ethnic and religious communities in Europe which were deeply affected by the post-World War ii territorial arrangements: namely, the Italian, Slovenian and Croatian communities of Istria and Ukrainians re-settled from Poland. Against the background of these cases it explores the clashes within various layers of international law dealing with culture and cultural heritage: humanitarian law, state succession, protection of the integrity of cultural heritage sites, and human rights. Viewed through such a lens, some suggestions are offered on how to overcome these conflicts in order to enforce the cultural rights of communities and protect their right to enjoy their material and spiritual heritage.
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Lindhardt, Eva. "Human rights education as a framework for transmitting religion as cultural heritage". Human Rights Education Review 5, n.º 1 (3 de enero de 2022): 5–27. http://dx.doi.org/10.7577/hrer.4452.
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The child’s right to freedom of religion and belief and fundamental principles such as equality and non-discrimination constitute an international frame for religious education (RE). However, these rights might be challenged when RE is allocated a major role in transmitting the majority religion as national cultural heritage and national identity. This article will explore and discuss this issue. It is based on an analysis of the transmission of Christianity as cultural heritage in the national RE curriculum for primary and lower secondary schools in Denmark. The article argues that principles from human rights education could provide a basis for a more pluralistic, objective, and critical approach to RE, thus enabling the classroom to function as a community of disagreement.
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Iacovino, Livia. "Shaping and reshaping cultural identity and memory: maximising human rights through a participatory archive". Archives and Manuscripts 43, n.º 1 (14 de octubre de 2014): 29–41. http://dx.doi.org/10.1080/01576895.2014.961491.
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Leurs, Koen. "Communication rights from the margins: politicising young refugees’ smartphone pocket archives". International Communication Gazette 79, n.º 6-7 (25 de septiembre de 2017): 674–98. http://dx.doi.org/10.1177/1748048517727182.
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Politicising the smartphone pocket archives and experiences of 16 young refugees living in the Netherlands, this explorative study re-conceptualises and empirically grounds communication rights. The focus is on the usage of social media among young refugees, who operate from the margins of society, human rights discourse and technology. I focus on digital performativity as a means to address unjust communicative power relations and human right violations. Methodologically, I draw on empirical data gathered through a mixed-methods, participatory action fieldwork research approach. The empirical section details how digital practices may invoke human right ideals including the human right to self-determination, the right to self-expression, the right to information, the right to family life and the right to cultural identity. The digital performativity of communication rights becomes meaningful when fundamentally situated within hierarchical and intersectional power relations of gender, race, nationality among others, and as inherently related to material conditions and other basic human rights including access to shelter, food, well-being and education.
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Fuentes, Alejandro. "Judicial Interpretation and Indigenous Peoples’ Rights to Lands, Participation and Consultation. The Inter-American Court of Human Rights’ Approach". International Journal on Minority and Group Rights 23, n.º 1 (30 de enero de 2016): 39–79. http://dx.doi.org/10.1163/15718115-02202006.
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This article proposes a critical legal analysis of the jurisprudence of the Inter-American Court of Human Rights regarding indigenous peoples’ rights to lands, participation, and consultation. It focuses on the role that cultural diversity as a legal standard has played in the recognition of the indigenous peoples’ right to consultation and participation in all matters that directly affect them, as a guarantee for the protection of their right to communal property and natural resources traditionally used, and for safeguarding their cultural identity. In analysing the jurisprudence of the Inter-American Court, special attention is paid to the interpretative methods applied by the regional tribunal, and to the manner in which a non-restrictive and ‘culturally friendly’ interpretation of conventionally protected human rights has contributed to the enlargement of their scope of protection, and to their enjoyment by one of the most marginalized and excluded sectors of Latin-American societies.
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Jalali, Ahmad. "Dialogue among Civilizations: Culture and Identity". Dialogue and Universalism 13, n.º 6 (2003): 27–41. http://dx.doi.org/10.5840/du20031363.
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After some conceptual elaboration on the topic of the Dialogue among Civilizations, this article will give some examples of UNESCO’s contribution in this domain. DAC is intrinsically bound to the questions of identity and otherness through the role culture and civilization play in composing our identity. We forge our own identity through our culture; those who share this identity are insiders, and those who do not are outsiders. Some understandings of identity conclude in a lack of appreciation for the Others’ identity, which is necessary to being a genuine partner in dialogue. At one extreme personal identity is not conceived as being subject to any changes during an individual’s lifetime; while at the other extreme, post-modernism perceives a person or a social group simply as a node in a network of relations. These definitions both suffer from the lack of a historical dimension and are based on a unitary conception of identity. The solution, as the reality of history also demonstrates, comes with a pluralistic view of identity, which not only solves some theoretical issues but also forms the only framework within which the possibility of dialogue can be assured. The wonderful consequence will then be that if absolute identity does not exist, neither can absolute otherness. We should then search for the shared roots between different cultures. It was a common scientific and philosophical culture, for example, that united Avicenna in Iran with St. Thomas Aquinas in the West; a culture going back to the Greek and Hellenistic thinkers. Globality should be understood as a visionary search for the discovery of the common roots of different cultures, rather than the dominance of any one particular culture or value system. The ethnocentric concept of culture and history can then be overcome. A genuine dialogue comes with the soul’s particular willingness to “convert” itself, to expose and risk one’s own ideas and positions. It brings us the possibility of overcoming trans-cultural dissensus on whether a particular practice violates one or another human right. And as we know from Averroes, the human soul comes from a unified universal soul. Finally, there is an inter-conceptual linkage among cultural diversity, tangible and intangible cultural heritage, sustainable development, human rights and cultural rights. UNESCO, by preserving and protecting cultural heritage, safeguarding cultural diversity, and promoting dialogue among cultures and civilizations, is contributing to its axiomatic constitutional goals, namely the construction of the defenses of peace in the minds of people through moral and intellectual solidarity.
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Moon, Richard. "Religious Accommodation and its Limits: The Recent Controversy at York University". Constitutional Forum / Forum constitutionnel 23, n.º 1 (4 de abril de 2014): 9. http://dx.doi.org/10.21991/c9vd5r.
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A recent request for religious accommodationat York University has generated controversynot just about the merits of the particular claimbut also about the general practice of religiousaccommodation under human rights codes andthe Canadian Charter of Rights and Freedoms. Iwill argue that the York case highlights the difficulty in treating religion as a ground of discriminationand more generally in fi tting religioninto an equality rights framework. Th isdiffi culty stems from the complex character ofreligious adherence, which can be viewed as botha personal commitment to a set of claims abouttruth and right and as a cultural identity that isexpressed in shared spiritual practices. Whenreligion is viewed as a cultural identity, it seemsright that it be accommodated, unless this wouldcause “undue hardship” to others. Yet when it isviewed as a set of beliefs about right and truth,particularly when those beliefs are inconsistentwith public values, it is not clear why it ought tobe accommodated.
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Pentassuglia, Gaetano. "Group Identities and Human Rights: How Do We Square the Circle in International Law?" europa ethnica 75, n.º 3-4 (2018): 94–106. http://dx.doi.org/10.24989/0014-2492-2018-34-94.
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The identity of groups of an ethno-cultural variety has long fallen within the remit of international human rights law. In this context, discussions have been largely concerned with the legal status of groups and/or the nature of the legal right(s) in question. While acknowledging the importance of these dimensions, in this article I seek to provide an alternative account by discussing the continuities and discontinuities in articulating the very concept of group identity. I first examine the potential, limitations and eventual hybridity of human rights practice across the spectrum of minority/indigenous identities. Then, I critique a range of instabilities in human rights discourse relating to the idea of group identities, their personal scope and the role of international law. I argue that such instabilities do not merely mirror the ambivalent outlook of the relationship between human rights and group identities; they raise the broader question of whether there is a relatively more coherent way to capture the legitimacy of group claims. I conclude by pointing to the outer limits of identity claims, the understated interplay of sovereignty and inter-group diversity, and the need to unpack the reasons why certain groups merit protection in the way they do.
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Молчанов, Борис, Boris Molchanov, Григорий Стародубцев, Grigoriy Starodubtsyev, Жанна Иванова y Zhanna Ivanova. "THE COLLECTIVE RIGHTS IN THE CONDITIONS OF LIBERAL MULTICULTURAL SOCIETIES AND THEIR LEGAL NATURE". Advances in Law Studies 4, n.º 2 (29 de junio de 2016): 85–95. http://dx.doi.org/10.12737/19409.
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In article individual human rights on cultural identity, political representation or on participation in the collective or group rights in the sphere of human rights in the liberal states are analyzed. Especially international law gives the collective rights for physical existence, protection against economic and cultural destruction and originality preservation ethnic, religious and language minorities. In detail also the legislation of a number of the states on a combination of the collective and individual rights of the small people for protection of their primordial habitat, a traditional way of life, customs, managing and crafts is in details analysed.
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Ayata, Ali. "Human rights aspects of european foreign policy". New Trends and Issues Proceedings on Humanities and Social Sciences 2, n.º 2 (12 de enero de 2016): 01–07. http://dx.doi.org/10.18844/prosoc.v2i2.406.
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The development policy of the European Union is a policy area that has developed rapidly, especially after the Cold War and the conflicts between Eastern countries. In the 1990s, the EU issued a development profile and started the human rights and democracy concepts into the Treaty of European Union officially as guiding principles in its foreign policy. Even before the importance of human rights and democracy in the founding treaties of the European Union was mentioned, strengthening the identity of the European Union could be brought at the international level from the start with respect for these criteria together, because these criteria were the grounds for the EU. The specific aim of this work is to consider the human rights dimension of EU development, cooperation and also some related policy issues and implementation problems in practice, which are considered in theoretical approaches in the study. It should be also noted that while the EU acts as an institution and also relief organization, it makes use of its own funds and budgets, not its Member States. Within this context, the activities of the Union to promote human rights could be interpreted as cultural imperialism.    Keywords: Human Rights, European Union, Foreign Policy, Cultural Imperialism.
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Huijbers, Leonie M. y Claire M. S. Loven. "Pushing for Political and Legal Change: Protecting the Cultural Identity of Travellers in the Netherlands". Journal of Human Rights Practice 11, n.º 3 (1 de noviembre de 2019): 508–29. http://dx.doi.org/10.1093/jhuman/huz030.
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Abstract On 12 July 2018, the central government of the Netherlands changed its approach relating to traveller camps in the Netherlands. This change constitutes a huge political shift, as the government had previously adopted a ‘hands-off’ and ‘repressive-inclusion’ strategy, which was especially known for its infamous ‘phase-out policy’ or ‘extinction policy’ of traveller camps. This has now been replaced by a fundamental rights-proof approach that facilitates the travellers’ way of life. This article aims to uncover the various actions undertaken by international and national actors that seem to have contributed to the Dutch government’s changed stance. It looks particularly at the role played by four national actors: the Netherlands Institute for Human Rights, the National Ombudsman, the Public Interest Litigation Project, and activist Roma, Sinti and travellers and their various interest groups. The article concludes that these actors’ efforts to establish political and legal change were successful as they addressed the same issue from different vantage points and through different means. That is, they all focused on the issue of the incompatibility of the phase-out policy with fundamental rights standards and relied on a variety of means available to them (such as litigation, lobbying, reporting, raising international awareness, and ensuring media coverage). By drawing some general lessons from this case study, this article aims to contribute to the existing literature on mobilizing human rights. In particular, it focuses on the (legal) activities national actors can undertake to bring about political and legal change in order to enforce the compliance of national authorities with fundamental rights standards in both law and policy.
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Campfens, Evelien. "Whose Cultural Objects? Introducing Heritage Title for Cross-Border Cultural Property Claims". Netherlands International Law Review 67, n.º 2 (27 de agosto de 2020): 257–95. http://dx.doi.org/10.1007/s40802-020-00174-3.
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Abstract Cultural objects have a special, protected, status because of their intangible ‘heritage’ value to people, as symbols of an identity. This has been so since the first days of international law and, today, there is an extensive legal framework to protect cultural objects and to prohibit looting. Despite this, for as long as demand exists and profits are high, cultural objects continue to be looted, smuggled and traded. At some point, their character tends to change from protected heritage in an original setting to valuable art and commodity in the hands of new possessors. In this new setting, the legal status of such objects most likely will be a matter of ownership and the private law regime in the country where they happen to end up. This article suggests that, irrespective of the acquired rights of others, original owners should still be able to rely on a ‘heritage title’ if there is a continuing cultural link. The term aims to capture the legal bond between cultural objects and people, distinct from ownership, and is informed by international cultural heritage and human rights law norms. The proposition is that, whilst ownership interests are accounted for in national private law, legal tools are lacking to address heritage interests and identity values that are acknowledged in international law. Neither the existing legal framework for the art trade, based on the 1970 UNESCO Convention, nor regular ownership concepts appear particularly suited to solve title issues over contested cultural objects. The notion of ‘heritage title’ in a human rights law approach can act as a bridge in that regard.
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Bamgbose, Oluyemisi y Omolade Olomola. "Clinical Legal Education and Cultural Relativism – The Realities in the 21st Century". International Journal of Clinical Legal Education 20, n.º 2 (8 de julio de 2014): 579. http://dx.doi.org/10.19164/ijcle.v20i2.23.
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<p>‘Ubi jus ibi remedium’ is a Latin maxim that means ‘where there is a wrong, there is a remedy’. Human rights are expected to be universal and applicable to every human being. In reality not all rights guaranteed in the International Instruments are applicable in some African societies with different culture, religion and norms. Culture shapes the identity of people generally in Africa and elsewhere thus the issue of Cultural Relativism is germane to the very existence of people of African descent. </p><p>International Convention and Instruments provide for Women’ Rights generally and particularly the Right to life.</p><p>The experience in the Women’s Law Clinic (the clinic) of the University of Ibaden has shown the imbalance between Clinical Legal Education (CLE) and the realities in practice. </p><p>This paper considers the cultural practices in some societies in Nigeria, the techniques of CLE adopted in the clinic and the challenges of the 21st Century.</p>
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Marshall, Jill. "The legal recognition of personality: full-face veils and permissible choices". International Journal of Law in Context 10, n.º 1 (31 de enero de 2014): 64–80. http://dx.doi.org/10.1017/s1744552313000372.
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AbstractA woman's freedom to develop her personality or identity as she sees fit is supposed to be legally protected in twenty-first century Europe. The European Convention on Human Rights (ECHR) provides a right to respect for one's private life in Article 8 which has been judicially interpreted to provide a right to identity or personality development. Additionally, Article 14 provides for non-discrimination and Articles 9 and 10 for freedom of expression, including that which is religious. Arguments are examined of some different interpretations of the overall purpose of human rights law − to respect human dignity and human freedom. These are examined by reference to the recent criminalisation of wearing face coverings in public places in certain European countries where the intention is to prevent the wearing of the Islamic full-face veil.1It is argued that each woman's identity is legally recognised when the concepts of human dignity and human freedom are interpreted as empowering and self-determining rather than constraining and paternalistic. Legally banning full-face veils, in liberal democracies in situations where an adult woman says she has freely chosen to wear such a garment, misrecognises her and disrespects her identity or personality: as a human being, as a member of a religious or cultural group and as an individual person capable of subjectively interpreting her own identity or personality as she sees fit.
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Nilsson Stutz, Liv. "Archaeology, Identity, and the Right to Culture: Anthropological perspectives on repatriation". Current Swedish Archaeology 16, n.º 1 (10 de junio de 2021): 157–72. http://dx.doi.org/10.37718/csa.2008.09.
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The debatc concerning repatriation and reburial is attracting increasing attention in Sweden. While most archaeologists today understand the importancc of repatriation and the arguments underlying the claim, the process is not completely unproblematic and certainly not in all cases. This article explores some tendencies within the international debate about repatriation, and frames them within a more general discussion about human rights, the right to culture, and the role of cultural heritage within this debatc. Through a critical approach to the debate, it is argucd that archaeology needs to be a more active party in the negotiations.
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Eriksen, Kristin Gregers. "The indigenous Sami citizen and Norwegian national identity: tensions in curriculum discourses". Human Rights Education Review 1, n.º 2 (20 de diciembre de 2018): 25–45. http://dx.doi.org/10.7577/hrer.2852.
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The paper explores citizenship positions for the Sami as citizen in the overarching policy document for the Norwegian school. Informed by the perspective that policy documents hold discursive productivity in the Foucauldian sense, this document is regarded as vital for locating normative cultural ideals. The analysis points to three discourses: indigeneity, multiculturalism and the common Norwegian cultural heritage perspective. Although the analysis suggests that there is a variety of possible citizenship identity positions, tensions are located in their ontological and epistemological claims regarding what it means to be Sami. The paper argues that indigenous perspectives might both challenge and complement current ideas of citizenship and human rights education. Notably, indigeneity accentuates the tension between universalism and recognition in human rights education. The paper also points to how the curriculum has great ambitions about the possibilities of inclusive practice within an educational system that lacks sufficient competence on Sami culture.
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Lee, Jaehong. "Third Generation Human Right to Cultural Heritage: A Possible Breakthrough with the DAOs". Center for Public Interest & Human Rights Law Chonnam National University 29 (30 de agosto de 2022): 101–48. http://dx.doi.org/10.38135/hrlr.2022.29.101.
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The first and second generations of human rights which are established on individuality fall short of offering full protection to cultural heritage. Recognition of the solidarity among entities even beyond the geographical and temporal limit is an essential prerequisite of the right to culture as common heritage of mankind. Furthermore, cultural heritage serves as the basis of human identity which leads to human dignity and cultural heritage itself has its own value to be protected regardless of its use. These factors support Karel Vasak’s argument of the ownership of the common cultural heritage of humanity as one of the third generation human rights. However, the third generation human right to cultural heritage not only conflicts with property rights but also entails contradiction between different group interests. With the power of the blockchain technology which enables openness, transparency, anonymity, decentralization and trust, DAOs (Decentralized Autonomous Organizations) hand out clues to solve the problems of the third generation human right to cultural heritage. The provisions in the Korean civil act regarding an association that is not a juristic person also provide useful legal methods to realize the collective ownership of cultural heritage. If DAOs have the legal status of the association without juristic personality in Korean civil act and the Articles of DAOs clearly stipulate the public nature of the ownership and the solidarity with others including future generations, the third-generation human right to cultural heritage can be enforced effectively. In Korea, the National Treasure DAO tried to be the first DAO with the purpose of public ownership of two Korean national treasures. Though it failed, it gave enough insight to make a future breakthrough. It cannot be emphasized enough that DAOs and its collective ownership alone leave a vast lacuna in guaranteeing the public access and participation in the cultural heritage with a common value. Public law research that carves out the details of solidarity in cultural heritage must fill the blank. It should be incarnated in the Articles of DAOs to keep the common value of cultural heritage intact. Also, the public law research results should guide states, public authorities, museums, and other specialists who will take the initiative of the cultural heritage DAOs in near future.
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Muller, Adam. "“Deterritorializing the Canadian Museum for Human Rights”". Museum and Society 18, n.º 2 (4 de julio de 2020): 82–97. http://dx.doi.org/10.29311/mas.v18i2.2686.
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This article explains the value of assemblage theory to making sense of a museum like the Canadian Museum for Human Rights (CMHR), which has struggled with the formidable challenge of comparatively representing human rights in controversial cultural and historical contexts. I argue that “assemblage thinking” permits us to appreciate more richly the way in which the expressive power of the CMHR arises from the dynamic interaction/intersection of overlapping clusters of objects, spaces, ideologies, memories, feelings, structures, histories, and experiences. Understood as “assemblages,” these clusters in important (but not all) ways lie beyond the scope of formal agency such as that exercised by curators and museum administrators. Accordingly, we must understand museums generally, and the CMHR particularly, as fundamentally unable guarantee the integrity and perdurability of their/its own structures and meanings, and recognize these meanings (and a museum’s identity) as irreducibly open-ended and provisional.
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Jokela-Pansini, Maaret. "Spatial imaginaries and collective identity in women’s human rights struggles in Honduras". Gender, Place & Culture 23, n.º 10 (7 de julio de 2016): 1465–79. http://dx.doi.org/10.1080/0966369x.2016.1204998.
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Triadnyani, I. Gusti Ayu Agung Mas. "From Gender Identity Oppression to Power Reversal in the Novel Calabai". Jurnal Humaniora 30, n.º 2 (8 de junio de 2018): 167. http://dx.doi.org/10.22146/jh.28171.
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Recently, the sociocultural problems of transgender have shown an increase. The novel, Calabai, vividly depicts various acts of violence perpetrated by Bugis tribesmen against transgender members of the community. They consider transgender as deviant or different. From a humanist perspective, this view forms a violation of the principles of human rights. Actually, this novel develops the idea of cultural identity. Through deconstructive analysis according to Derrida, this study exposes the ideology embedded within such a textual representation of transgender. It reaches two conclusions. First, a reversal of ideology takes place in the text; from oppression based on discrimination, to a power reversal. Second, being regarded as a human being and receiving respect from another human being become a form of recognition of personal and cultural identity.
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Triadnyani, I. Gusti Ayu Agung Mas. "From Gender Identity Oppression to Power Reversal in the Novel Calabai". Jurnal Humaniora 30, n.º 2 (8 de junio de 2018): 167. http://dx.doi.org/10.22146/jh.v30i2.28171.
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Recently, the sociocultural problems of transgender have shown an increase. The novel, Calabai, vividly depicts various acts of violence perpetrated by Bugis tribesmen against transgender members of the community. They consider transgender as deviant or different. From a humanist perspective, this view forms a violation of the principles of human rights. Actually, this novel develops the idea of cultural identity. Through deconstructive analysis according to Derrida, this study exposes the ideology embedded within such a textual representation of transgender. It reaches two conclusions. First, a reversal of ideology takes place in the text; from oppression based on discrimination, to a power reversal. Second, being regarded as a human being and receiving respect from another human being become a form of recognition of personal and cultural identity.